8–24–00 Thursday Vol. 65 No. 165 Aug. 24, 2000 Pages 51515–51746
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1 II Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000
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2 III
Contents Federal Register Vol. 65, No. 165
Thursday, August 24, 2000
Agriculture Department See National Institute of Standards and Technology See Animal and Plant Health Inspection Service See National Oceanic and Atmospheric Administration See Farm Service Agency See Forest Service Commodity Futures Trading Commission RULES Air Force Department Commodity Exchange Act: NOTICES Futures commission merchants and introducing brokers; Agency information collection activities: minimum financial requirements Proposed collection; comment request, 51593–51594 Subordination agreements; net capital treatment, Patent licenses; non-exclusive, exclusive, or partially 51529–51532 exclusive: Powdermet Inc., 51594 Comptroller of the Currency NOTICES Animal and Plant Health Inspection Service Agency information collection activities: RULES Submission for OMB review; comment request, 51645– Exportation and importation of animals and animal 51646 products: Bovine spongiform encephalopathy; disease status Defense Department change— See Air Force Department Denmark, 51518–51519 See Army Department Plant-related quarantine, domestic: See Engineers Corps Fire ant, imported, 51516–51517 Mexican fruit fly, 51515–51516 Emergency Oil and Gas Guaranteed Loan Board Oriental fruit fly, 51515 RULES Pine shoot beetle, 51517–51518 Emergency Oil and Gas Guaranteed Loan Program; implementation: Army Department Financial statements, 51522 See Engineers Corps NOTICES Emergency Steel Guarantee Loan Board Patent licenses; non-exclusive, exclusive, or partially RULES exclusive: Emergency Steel Guarantee Loan Program; implementation: Alphavirus immune individuals, overcoming Unguaranteed tranche participation, 51521–51522 interference, 51594 Deglycosylated ricin toxin A-chain vaccine, 51594 Energy Department Protective monoclonal antibody against botulinum See Federal Energy Regulatory Commission neurotoxin serotype F, 51595 Retinal pathology and spinal cord injury; treatment or Engineers Corps prophylaxis, 51595 NOTICES Self-piercing pulse oximeter sensor assembly, 51595 Environmental statements; notice of intent: Arts and Humanities, National Foundation Lake Greeson, Lake Ouachita, and DeGray Lake, AR; See National Foundation on the Arts and the Humanities operation and maintenance activities, 51595–51596 Centers for Disease Control and Prevention Environmental Protection Agency NOTICES RULES Agency information collection activities: Pesticides; tolerances in food, animal feeds, and raw Submission for OMB review; comment request, 51619– agricultural commodities: 51621 Dimethenamid, 51544–51552 PROPOSED RULES Coast Guard Air quality implementation plans; approval and RULES promulgation; various States: Drawbridge operations: Missouri, 51564–51566 New York, 51538–51539 Superfund program: Ports and waterways safety: National oil and hazardous substances contingency Chelsea River, MA; safety zone, 51540–51542 plan— Chesapeake Bay, VA; safety zone, 51539–51540 National priorities list update, 51567–51572 NOTICES NOTICES Meetings: Meetings: Chemical Transportation Advisory Committee, 51635– Microbial and Disinfectants/Disinfection Byproducts 51636 Advisory Committee, 51608 Pesticide, food, and feed additive petitions: Commerce Department American Cyanamid Co., 51608–51612 See International Trade Administration Rohm & Haas Co., 51612–51616
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Superfund; response and remedial actions, proposed Hydroelectric applications, 51605–51607 settlements, etc.: Meetings: John P. Saad Site, TN, 51616 Interstate natural gas facility-planning seminar, 51607– Lakeland Disposal Service, Inc., Site, IN, 51616–51617 51608 Applications, hearings, determinations, etc.: Farm Service Agency Columbia Gas Transmission Corp., 51596 NOTICES Columbia Gulf Transmission Co., 51596–51597 Committees; establishment, renewal, termination, etc.: Cove Point LNG L.P., 51597 Beginning Farmers and Ranchers Advisory Committee, El Paso Natural Gas Co., 51597–51599 51588 Green Valley Hydro, LLC, 51599 Koch Gateway Pipeline Co., 51599 Federal Aviation Administration Maine Public Utilities Commission, 51599–51600 RULES National Fuel Gas Distribution Corp., 51600 Air carrier certification and operations: Natural Gas Pipeline Co. of America, 51600 Airbus airplanes; digital flight data recorder Northern Natural Gas Co., 51600 requirements; revisions, 51741–51746 NUI Corp., 51601 Class D and Class E airspace, 51522–51523 NYSD L.P. et al., 51601–51602 Class E airspace, 51523–51524 OneOk Caprock Pipeline Co. et al., 51602 Standard instrument approach procedures, 51524–51529 Pacific Interstate Offshore Co., 51602–51603 PROPOSED RULES Ultramar Diamond Shamrock Corp. et al., 51603 Airworthiness directives: Airbus, 51560–51562 Federal Highway Administration Raytheon, 51562–51564 RULES NOTICES Transportation Equity Act for 21st Century; Grants and cooperative agreements; availability, etc.: implementation: General Aviation Center of Excellence, 51636–51637 Open container laws, 51532–51538 Meetings: Aviation Rulemaking Advisory Committee, 51637–51638 Federal Railroad Administration Passenger facility charges; applications, etc.: NOTICES Central Illinois Regional Airport, IL, 51638 Meetings: Jack McNamara Field, CA, 51638–51639 Railroad Safety Advisory Committee, 51640–51641 T.F. Green State Airport, RI, 51639–51640 Reports and guidance documents; availability, etc.: Federal Reserve System Aviation Noise Abatement Policy; revision; comment RULES request, 51640 Credit by brokers and dealers (Regulation T): Foreign margin stocks list, 51519–51521 Federal Communications Commission NOTICES RULES Formations, acquisitions, and mergers, 51618–51619 Radio stations; table of assignments: Various States, 51552–51553 Fish and Wildlife Service Wyoming, 51552 RULES PROPOSED RULES Alaska National Interest Lands Conservation Act; Title VIII Common carrier services: implementation (subsistence priority): Tariffs— Kuskokwim River drainage, Redoubt Lake, and Yukon National Exchange Carrier Association, Inc.; access River drainage; emergency closures and adjustments, tariffs participation changes; notice period 51542–51544 shortened, 51572–51575 PROPOSED RULES Radio stations; table of assignments: Alaska National Interest Lands Conservation Act; Title VIII Michigan, 51576–51577 implementation (subsistence priority): Nevada, 51575 Wildlife; 2001-2002 subsistence taking, 51647–51690 New Hampshire, 51577 Endangered and threatened species: Vermont, 51575–51576 Critical habitat designations— NOTICES Spectacled eider and Steller’s eider, 51577–51578 Agency information collection activities: Findings on petitions, etc.— Submission for OMB review; comment request, 51617– Western sage grouse, 51578–51584 51618 NOTICES Endangered and threatened species permit applications, Federal Deposit Insurance Corporation 51625 NOTICES Marine mammal permit applications, 51625 Agency information collection activities: Meetings: Submission for OMB review; comment request, 51645– Atlantic Coastal Fisheries Cooperative Management Act 51646 Coordination Committee, 51625–51626 Federal Energy Regulatory Commission Food and Drug Administration NOTICES RULES Electric rate and corporate regulation filings: Medical devices: Hartford Power Sales, L.L.C., et al., 51603–51605 American Society for Testing and Materials; amendments Environmental statements; availability, etc.: to reflect current citations Duke Power Co., 51605 Correction, 51532
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NOTICES Minerals Management Service Harmonisation International Conference; guidelines NOTICES availability: Royalty management: M4 Common Technical Document, 51621–51624 Federal crude oil from Gulf of Mexico; bid invitations, Meetings: 51626–51627 Oncologic Drugs Advisory Committee, 51624 Mine Safety and Health Administration Forest Service NOTICES RULES Agency information collection activities: Alaska National Interest Lands Conservation Act; Title VIII Proposed collection; comment request, 51629–51630 implementation (subsistence priority): Kuskokwim River drainage, Redoubt Lake, and Yukon National Aeronautics and Space Administration River drainage; emergency closures and adjustments, NOTICES 51542–51544 Inventions, Government-owned; availability for licensing, PROPOSED RULES 51630–51632 Alaska National Interest Lands Conservation Act; Title VIII Meetings: implementation (subsistence priority): Advisory Council Wildlife; 2001-2002 subsistence taking, 51647–51690 Task Forces, 51632 Patent licenses; non-exclusive, exclusive or partially Health and Human Services Department exclusive: See Centers for Disease Control and Prevention Phoenix Systems International, Inc., 51632 See Food and Drug Administration National Foundation on the Arts and the Humanities Housing and Urban Development Department NOTICES NOTICES Meetings; Sunshine Act, 51632–51633 Agency information collection activities: Proposed collection; comment request, 51624 National Highway Traffic Safety Administration RULES Interior Department Transportation Equity Act for 21st Century; See Fish and Wildlife Service implementation: See Land Management Bureau Open container laws, 51532–51538 See Minerals Management Service See Reclamation Bureau National Institute of Standards and Technology NOTICES International Trade Administration Meetings: NOTICES International Organization of Legal Metrology, U.S North American Free Trade Agreement (NAFTA); technical participation in 11th Quadrennial binational panel reviews: Conference, 51589–51590 Refrigerators, dishwashers, and laundry dryers from— National Oceanic and Atmospheric Administration United States, 51588–51589 RULES Fishery conservation and management: International Trade Commission Alaska; fisheries of Exclusive Economic Zone— NOTICES Pacific cod, 51553–51559 Meetings; Sunshine Act, 51628 PROPOSED RULES Marine mammals: Labor Department Incidental taking— See Mine Safety and Health Administration North Pacific Acoustic Laboratory; low frequency NOTICES sound source operation, 51584–51587 Agency information collection activities: NOTICES Submission for OMB review; comment request, 51628– Agency information collection activities: 51629 Proposed collection; comment request, 51590–51591 Meetings: Land Management Bureau Code of conduct for responsible aquaculture in United NOTICES States Exclusive Economic Zone; public workshops, Organization, functions, and authority delegations: 51591–51592 Salmon, ID; office relocation, 51626 South Atlantic Fishery Management Council, 51592– Realty actions; sales, leases, etc.: 51593 Arizona, 51626 Permits: Foreign fishing, 51593 Maritime Administration NOTICES Nuclear Regulatory Commission Coastwise trade laws; administrative waivers: NOTICES INTEGRITY, 51641 Environmental statements; availability, etc.: MENEHUNE, 51641–51642 Niagara Mohawk Power Corp. et al., 51633–51634 Meetings: Marine Transportation System National Advisory Public Health Service Council, 51642 See Centers for Disease Control and Prevention
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See Food and Drug Administration Thrift Supervision Office NOTICES Reclamation Bureau Agency information collection activities: NOTICES Submission for OMB review; comment request, 51645– Environmental statements; notice of intent: 51646 San Joaquin River Agreement (2001-2010); additional water acquisition to meet flow objectives, 51627– Transportation Department 51628 See Coast Guard See Federal Aviation Administration Research and Special Programs Administration See Federal Highway Administration NOTICES See Federal Railroad Administration Hazardous materials: See Maritime Administration Exemption applications delayed; list, 51642–51644 See National Highway Traffic Safety Administration See Research and Special Programs Administration Securities and Exchange Commission See Surface Transportation Board RULES Securities: Treasury Department Selective disclosure and insider trading, 51715–51740 See Comptroller of the Currency Subsidiary issuers and guarantors; financial statements See Thrift Supervision Office and periodic reports, 51691–51713 NOTICES Agency information collection activities: Proposed collection; comment request, 51634 Separate Parts In This Issue
Small Business Administration Part II NOTICES Department of Agriculture, Forest Service, 51647–51690 Disaster loan areas: Alaska, 51634 Part III Pennsylvania, 51634–51635 Securities and Exchange Commission, 51691–51713 Wisconsin, 51634 Part IV State Department Securities and Exchange Commission, 51715–51740 NOTICES Art objects; importation for exhibition: Part V Faberge’-Hermitage Objects, 51635 Department of Transportation, Federal Aviation Surface Transportation Board Administration, 51741–51746 NOTICES Motor carriers: Finance applications— Reader Aids Laidlaw Inc. et al., 51644 Consult the Reader Aids section at the end of this issue for Merger transactions— phone numbers, online resources, finding aids, reminders, Laidlaw Inc. et al., 51644–51645 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 301 (4 documents) ...... 51515, 51516, 51517 9 CFR 94...... 51518 12 CFR 220...... 51519 13 CFR 400...... 51521 500...... 51522 14 CFR 71 (2 documents) ...... 51522, 51523 97 (3 documents) ...... 51524, 51525, 51528 121...... 51742 125...... 51742 Proposed Rules: 39 (2 documents) ...... 51560, 51562 17 CFR 1...... 51529 210...... 51692 211...... 51692 228...... 51692 240 (2 documents) ...... 51692, 51716 243...... 51716 249 (2 documents) ...... 51692, 51716 21 CFR 811...... 51532 23 CFR 1270...... 51532 33 CFR 117...... 51538 165 (2 documents) ...... 51539, 51540 36 CFR 242...... 51542 Proposed Rules: 242...... 51648 40 CFR 180...... 51544 Proposed Rules: 52...... 51564 300...... 51567 47 CFR 73 (2 documents) ...... 51552 Proposed Rules: 69...... 51572 73 (5 documents) ...... 51575, 51576, 51577 50 CFR 100...... 51542 679...... 51553 Proposed Rules: 17 (2 documents) ...... 51577, 51578 100...... 51648 216...... 51584
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Rules and Regulations Federal Register Vol. 65, No. 165
Thursday, August 24, 2000
This section of the FEDERAL REGISTER Background DEPARTMENT OF AGRICULTURE contains regulatory documents having general applicability and legal effect, most of which In an interim rule effective May 2, Animal and Plant Health Inspection are keyed to and codified in the Code of 2000, and published in the Federal Service Federal Regulations, which is published under Register on May 8, 2000 (65 FR 26487– 50 titles pursuant to 44 U.S.C. 1510. 26488, Docket No. 99–076–2), we 7 CFR Part 301 The Code of Federal Regulations is sold by amended the Oriental fruit fly [Docket No. 98±082±6] the Superintendent of Documents. Prices of regulations, contained in §§ 301.93 new books are listed in the first FEDERAL through 301.93–10, by removing a Mexican Fruit Fly Regulations; REGISTER issue of each week. portion of Los Angeles County, CA, Removal of Regulated Area from the list of quarantined areas in § 301.93–3(c). That action relieved AGENCY: Animal and Plant Health DEPARTMENT OF AGRICULTURE unnecessary restrictions on the Inspection Service, USDA. interstate movement of regulated ACTION: Affirmation of interim rule as Animal and Plant Health Inspection final rule. Service articles from this area. Comments on the interim rule were SUMMARY: We are adopting as a final 7 CFR Part 301 required to be received on or before July rule, without change, an interim rule 7, 2000. We did not receive any [Docket No. 99±076±3] that amended the Mexican fruit fly comments. Therefore, for the reasons regulations by removing the regulated Oriental Fruit Fly; Removal of given in the interim rule, we are portion of San Diego County, CA, from Quarantined Area adopting the interim rule as a final rule. the list of regulated areas. We have This action also affirms the determined that the Mexican fruit fly AGENCY: Animal and Plant Health information contained in the interim has been eradicated from this area and Inspection Service, USDA. that restrictions on the interstate rule concerning Executive Order 12866 ACTION: Affirmation of interim rule as movement of regulated articles from this and the Regulatory Flexibility Act, final rule. area are no longer necessary to prevent Executive Orders 12372 and 12988, and the spread of the Mexican fruit fly into SUMMARY: We are adopting as a final the Paperwork Reduction Act. noninfested areas of the United States. rule, without change, an interim rule Further, for this action, the Office of This action relieves unnecessary that amended the Oriental fruit fly Management and Budget has waived the restrictions on the interstate movement regulations by removing the quarantine review process required by Executive of regulated articles from the previously on a portion of Los Angeles County, CA, Order 12866. regulated area. As a result of the interim and by removing the restrictions on the rule, there are no longer any areas interstate movement of regulated List of Subjects in 7 CFR Part 301 regulated for the Mexican fruit fly in the articles from that area. The quarantine State of California. was necessary to prevent the spread of Agricultural commodities, Plant diseases and pests, Quarantine, EFFECTIVE DATE: The interim rule Oriental fruit fly into noninfested areas became effective on July 25, 1999. of the United States. We have Reporting and recordkeeping determined that the Oriental fruit fly requirements, Transportation. FOR FURTHER INFORMATION CONTACT: Mr. has been eradicated from this portion of Michael Stefan, Operations Officer, PART 301ÐDOMESTIC QUARANTINE Los Angeles County, CA, and that the Invasive Species and Pest Management quarantine and restrictions on the NOTICES Staff, PPQ, APHIS, 4700 River Road interstate movement of regulated Unit 134, Riverdale, MD 20737–1236; Accordingly, we are adopting as a articles from this area are no longer (301) 734–8247. necessary. This portion of Los Angeles final rule, without change, the interim In an interim rule effective July 25, County, CA, was the last remaining area rule that amended 7 CFR part 301 and 1999, and published in the Federal in California quarantined for the that was published at 65 FR 26487– Register on July 26, 1999 (64 FR 40281– Oriental fruit fly. As a result of the 26488 on May 8, 2000. 40282, Docket No. 98–082–5), we amended the Mexican fruit fly interim rule, there are no longer any Authority: Title IV, Pub. L. 106–224, 114 regulations (contained in 7 CFR 301.64 areas in the continental United States Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166; through 301.64–10) by removing a quarantined because of the Oriental fruit 7 CFR 2.22, 2.80, and 371.3. fly. portion of San Diego County, CA, from Done in Washington, DC, this 18th day of the list of regulated areas in § 301.64– EFFECTIVE DATE: The interim rule August 2000. 3(c). That action relieved unnecessary became effective on May 2, 2000. Bobby R. Acord, restrictions on the interstate movement FOR FURTHER INFORMATION CONTACT: Mr. Acting Administrator, Animal and Plant of regulated articles from this area. As Wilmer E. Snell, Operations Officer, Health Inspection Service. a result of that action, there are no Invasive Species and Pest Management [FR Doc. 00–21647 Filed 8–23–00; 8:45 am] longer any areas regulated for the Staff, PPQ, APHIS, 4700 River Road BILLING CODE 3410±34±P Mexican fruit fly in the State of Unit 134, Riverdale, MD 20737–1236; California. (301)734–8747. Comments on the interim rule were SUPPLEMENTARY INFORMATION: required to be received on or before
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September 24, 1999. We did not receive States. We also removed references to Regulatory Flexibility Act any comments. Therefore, for the the Imported Fire Ant Program Manual This action affirms an interim rule reasons given in the interim rule, we are in the appendix to the imported fire ant that amended the imported fire ant adopting the interim rule as a final rule. regulations. regulations by designating as This action also affirms the EFFECTIVE DATE: The interim rule quarantined areas portions of 35 information contained in the interim became effective on May 11, 2000. counties in Arkansas, North Carolina, rule concerning Executive Order 12866 and Tennessee. As a result of that FOR FURTHER INFORMATION CONTACT: Mr. and the Regulatory Flexibility Act, action, the interstate movement of Ron Milberg, Operations Officer, Executive Orders 12372 and 12988, and regulated articles from those areas is Invasive Species and Pest Management, the Paperwork Reduction Act. restricted. The interim rule was Further, for this action, the Office of PPQ, APHIS, 4700 River Road Unit 134, necessary to prevent the artificial spread Management and Budget has waived the Riverdale, MD 20737–1236; (301) 734– of the imported fire ant to noninfested review process required by Executive 5255. areas of the United States. Order 12866. SUPPLEMENTARY INFORMATION: The following analysis addresses the List of Subjects in 7 CFR Part 301 Background economic effect of this rule on small Agricultural commodities, Plant entities, as required by the Regulatory diseases and pests, Quarantine, In an interim rule effective and Flexibility Act. Affected entities in the quarantined Reporting and recordkeeping published in the Federal Register on areas include nurseries and requirements, Transportation. May 11, 2000 (65 FR 30337–30341, Docket No. 00–007–1), we amended the greenhouses, farm equipment dealers, PART 301ÐDOMESTIC QUARANTINE imported fire ant regulations, contained construction companies, and all those NOTICES in 7 CFR 301.81 through § 301.81–10, by who sell, process, or move regulated adding 2 counties in Arkansas, 14 articles from and through quarantined Accordingly, we are adopting as a counties in North Carolina, and 19 areas. It is now necessary to treat and final rule, without change, the interim counties in Tennessee to the list of certify all regulated articles before rule that amended 7 CFR part 301 and quarantined areas in § 301–81–3(e). The moving them interstate from the newly that was published at 64 FR 40281– two affected counties in Arkansas are quarantined areas. 40282 on July 26, 1999. Clark and Hot Springs. The 14 affected The 1997 market value of agricultural Authority: Title IV, Pub. L. 106–224, 114 counties in North Carolina are Bertie, products sold in the 35 affected counties Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166; Camden, Chatham, Chowan, Currituck, was $1.7 billion. Thus, this large 7 CFR 2.22, 2.80, and 371.3. Edgecomb, Gaston, Greene, Martin, agricultural economy is at risk due the injurious potential of the imported fire Done in Washington, DC, this 18th day of Mecklenberg, Pasuotank, Perquimans, August 2000. Wake, and Wayne. The 19 affected ants. Within Arkansas’ two affected Bobby R. Acord, counties in Tennessee are Decatur, Fayette, Franklin, Giles, Haywood, counties, there are at least 15 entities Acting Administrator, Animal and Plant that may be affected by the rule. All 15 Health Inspection Service. Henderson, Lewis, Lawrence, Lincoln, Madison, Marion, Marshall, McMinn, entities are small, according to the [FR Doc. 00–21646 Filed 8–23–00; 8:45 am] Meigs, Monroe, Moore, Perry, Rhea, and Small Business Administration (SBA) BILLING CODE 3410±34±P Shelby. This action was necessary definition. In terms of 1997 agricultural because surveys conducted by the sales, Clark County received $18.725 million from crop (including DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service and State and county agencies greenhouse and nursery) sales and Animal and Plant Health Inspection revealed that the imported fire ant had livestock sales, and Hot Springs County Service spread to these areas. received $10.135 million in sales. Further, we amended the appendix to Within Tennessee’s 19 affected 7 CFR Part 301 Subpart—Imported Fire Ant by counties, there are 272 entities that may be affected by the rule, and at least 72 [Docket No. 00±007±2] removing the references to the Imported Fire Ant Program Manual because there of these entities are small, according to the SBA definition. These 19 counties Imported Fire Ant; Quarantined Areas is no relevant information in the Imported Fire Ant Program Manual that received $447.16 million from crop AGENCY: Animal and Plant Health is not already available to inspectors in (including greenhouse and nursery) Inspection Service, USDA. other materials. sales and livestock sales in 1997. Within North Carolina’s 14 affected ACTION: Affirmation of interim rule as Comments on the interim rule were final rule. counties, there are 264 entities that may required to be received on or before July be affected by the rule. At least 253 of 10, 2000. SUMMARY: We are adopting as a final these entities are small. These 14 rule, without change, an interim rule We did not receive any comments. counties received $1.225 billion from that amended the imported fire ant Therefore, for the reasons given in the crop (including greenhouse and regulations by designating as interim rule, we are adopting the nursery) sales and livestock sales in quarantined areas all or portions of 2 interim rule as a final rule. 1997. counties in Arkansas, 14 counties in This action also affirms the The market value of sales of North Carolina, and 19 counties in information contained in the interim agricultural products in the 35 affected Tennessee. As a result of that action, the rule concerning Executive Orders counties in the States of Arkansas, interstate movement of regulated 12866, 12372, and 12988, and the Tennessee, and North Carolina were articles from those areas is restricted. Paperwork Reduction Act. Further, the $18.9 million, $477.2 million, and 1.24 That action was necessary to prevent the Office of Management and Budget has billion, respectively, in 1997. According artificial spread of the imported fire ant waived the review process required by to the 1997 U.S. Agricultural Census, at to noninfested areas of the United Executive Order 12866. least 340 of the 551 agricultural entities
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SUPPLEMENTARY INFORMATION: Listed part upon the composition of the JAPAN AIRPORT TERMINAL CO., LTD. below is a complete edition of the Foreign List as soon as possible. The ¥ 50 par common Board’s Foreign List. The Foreign List Board has responded to a request by the JAPAN SECURITIES FINANCE CO., was last published on February 24, 2000 public and allowed approximately a LTD. (65 FR 9207), and became effective one-week delay before the Foreign List ¥ 50 par common March 1, 2000. is effective. JUROKU BANK, LTD The Foreign List is composed of ¥ 50 par common foreign equity securities that qualify as List of Subjects in 12 CFR Part 220 KAGOSHIMA BANK, LTD. margin securities under Regulation T by Brokers, Credit, Margin, Margin ¥ 50 par common meeting the requirements of § 220.11(c) requirements, Investments, Reporting KAMIGUMI CO., LTD. and (d). Additional foreign securities and recordkeeping requirements, ¥ 50 par common qualify as margin securities if they are Securities. KATOKICHI CO., LTD. deemed by the Securities and Exchange Accordingly, pursuant to the ¥ 50 par common Commission (SEC) to have a ‘‘ready authority of sections 7 and 23 of the KEISEI ELECTRIC RAILWAY CO., LTD. market’’ under SEC Rule 15c3–1 (17 Securities Exchange Act of 1934, as ¥ 50 par common CFR 240.15c3–1) or a ‘‘no-action’’ amended (15 U.S.C. 78g and 78w), and KEIYO BANK, LTD. position issued thereunder. This in accordance with 12 CFR 220.2 and ¥ 50 par common includes all foreign stocks in the FTSE 220.11, there is set forth below a KIYO BANK, LTD. World Index Series. complete edition of the Foreign List. ¥ 50 par common It is unlawful for any creditor to KOMORI CORP. make, or cause to be made, any Japan ¥ 50 par common representation to the effect that the AIWA CO., LTD. KONAMI CO., LTD. inclusion of a security on the Foreign ¥ 50 par common ¥ 50 par common List is evidence that the Board or the AKITA BANK, LTD. KYOWA EXEO CORP. SEC has in any way passed upon the ¥ 50 par common ¥ 50 par common merits of, or given approval to, such AOMORI BANK, LTD. MATSUSHITA SEIKO CO., LTD. security or any transactions therein. ¥ 50 par common ¥ 50 par common Any statement in an advertisement or ASATSU–DK INC. MAX CO., LTD. other similar communication containing ¥ 50 par common ¥ 50 par common a reference to the Board in connection BANDAI CO., LTD. MICHINOKU BANK, LTD. with the Foreign List or the stocks ¥ 50 par common ¥ 50 par common thereon shall be an unlawful BANK OF NAGOYA, LTD. MUSASHINO BANK, LTD. representation. ¥ 50 par common ¥ 50 par common There are no additions to the Foreign CHUDENKO CORP. NAMCO, LTD. List. The stock of GEHE AG from ¥ 50 par common ¥ 50 par common Germany is being removed because it CHUGOKU BANK, LTD. NICHICON CORP. appears on the FTSE World Index Series ¥ 50 par common ¥ 50 par common and continued inclusion on the Foreign CLARION CO., LTD. NIHON UNISYS, LTD. List would be redundant. The stock of ¥ 50 par common ¥ 50 par common ASATSU INC. from Japan has been DAIHATSU MOTOR CO., LTD. NIPPON COMSYS CORP. changed to ASATSU–DK INC. The ¥ 50 par common ¥ 50 par common following two Japanese stocks are being DAINIPPON SCREEN MFG. CO., LTD. NIPPON TRUST BANK, LTD. removed because they no longer ¥ 50 par common ¥ 50 par common substantially meet the provisions of DENKI KAGAKU KOGYO NISHI-NIPPON BANK, LTD. § 220.11(d) of Regulation T: ¥ 50 par common ¥ 50 par common BANK OF KINKI, LTD. EIGHTEENTH BANK, LTD. NISHI-NIPPON RAILROAD CO., LTD. ¥ 50 par common ¥ 50 par common ¥ 50 par common SURUGA BANK LTD. FUTABA CORP. NISSAN CHEMICAL INDUSTRIES, ¥ 50 par common ¥ 50 par common LTD. FUTABA INDUSTRIAL CO., LTD. ¥ 50 par common Public Comment and Deferred Effective ¥ 50 par common OGAKI KYORITSU BANK, LTD. Date HIGO BANK, LTD. ¥ 50 par common The requirements of 5 U.S.C. 553 with ¥ 50 par common Q.P. CORP. respect to notice and public HITACHI CONSTRUCTION ¥ 50 par common participation were not followed in MACHINERY CO., LTD. RINNAI CORPORATION connection with the issuance of this ¥ 50 par common ¥ 50 par common amendment due to the objective HITACHI SOFTWARE ENGINEERING RYOSAN CO., LTD. character of the criteria for inclusion CO., LTD. ¥ 50 par common and continued inclusion on the Foreign ¥ 50 par common SAGAMI RAILWAY CO., LTD. List specified in § 220.11(c) and (d). No HITACHI TRANSPORT SYSTEM, LTD. ¥ 50 par common additional useful information would be ¥ 50 par common SAIBU GAS CO., LTD. gained by public participation. The full HOKKOKU BANK, LTD. ¥ 50 par common requirements of 5 U.S.C. 553 with ¥ 50 par common SAKATA SEED CORP. respect to deferred effective date have HOKUETSU BANK, LTD ¥ 50 par common not been followed in connection with ¥ 50 par common SANTEN PHARMACEUTICAL CO., the issuance of this amendment because HOKUETSU PAPER MILLS, LTD. LTD. the Board finds that it is in the public ¥ 50 par common ¥ 50 par common interest to facilitate investment and IYO BANK, LTD. SHIMADZU CORP. credit decisions based in whole or in ¥ 50 par common ¥ 50 par common
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SHIMAMURA CO., LTD. FOR FURTHER INFORMATION CONTACT: Congressional Review Act, 5 U.S.C. 801 ¥ 50 par common Marguerite S. Owen, General Counsel, et seq. SUMITOMO RUBBER INDUSTRIES, Emergency Steel Guarantee Loan Board, Intergovernmental Review LTD. U.S. Department of Commerce, Room ¥ 50 par common H2500, Washington, D.C. 20230, (202) No intergovernmental consultations TAIYO YUDEN CO., LTD. 219–0584. with State and local officials are ¥ 50 par common SUPPLEMENTARY INFORMATION: On required because the rule is not subject TAKARA STANDARD CO., LTD. October 27, 1999, the Board published to the provisions of Executive Order ¥ 50 par common a final rule codifying at Chapter IV, Title 12372 or Executive Order 12875. TAKUMA CO., LTD. 13, Code of Federal Regulations (CFR), Unfunded Mandates Reform Act of 1995 ¥ 50 par common regulations implementing the Program, TOHO BANK, LTD. as established in Chapter 1 of Public This rule contains no Federal ¥ 50 par common Law 106–51, the Emergency Steel Loan mandates, as that term is defined in the TOHO GAS CO., LTD. Unfunded Mandates Reform Act, on ¥ Guarantee Act of 1999 (64 FR 57932). 50 par common Section 400.210 sets forth terms and State, local and tribal governments or TOKYO OHKA KOGYO CO., LTD. conditions governing assignment or the private sector. ¥ 50 par common transfer of loans and interests in loans TOKYO TOMIN BANK, LTD. Executive Order 13132 ¥ 500 par common between and among eligible lenders. This rule does not contain policies UNI-CHARM CORP. This rule adds a new § 400.214 to make having federalism implications ¥ 50 par common clear that certain types of participations USHIO, INC. in unguaranteed portions of loans are requiring preparation of a Federalism ¥ 50 par common not transfers or assignments to a lender Summary Impact Statement. YAMAHA MOTOR CO., LTD. under the regulations, though a lender Executive Order 12630 ¥ 50 par common can participate in an unguaranteed YAMANASHI CHUO BANK, LTD. portion of a loan. Further, this rule sets This rule does not contain policies ¥ 50 par common forth the terms and conditions that have takings implications. YODOGAWA STEEL WORKS, LTD. governing participation in an List of Subjects in 13 CFR Part 400 ¥ 50 par common unguaranteed tranche of a loan guaranteed under the Program. It does Administrative practice and By order of the Board of Governors of the procedure, Loan programs—steel, Federal Reserve System, acting by its Director so by describing categories of entities of the Division of Banking Supervision and that may act as participants without Reporting and recordkeeping Regulation pursuant to delegated authority Board approval and providing that other requirements. (12 CFR 265.7(f)(10)), August 18, 2000. entitites may act as participants with Dated: August 14, 2000. Jennifer J. Johnson, Board approval. This rule also contains Daniel J. Rooney, a requirement for a minimum Secretary of the Board. Executive Secretary, Emergency Steel percentage of the unguaranteed portion [FR Doc. 00–21590 Filed 8–23–00; 8:45 am] Guarantee Loan Board. of a guaranteed loan that a lender is BILLING CODE 6210±01±P required to hold without participation. For the reasons set forth in the preamble, 13 CFR part 400 is amended Administrative Law Requirements to read as follows: EMERGENCY STEEL GUARANTEE Executive Order 12866 LOAN BOARD PART 400ÐEMERGENCY STEEL This final rule has been determined GUARANTEE LOAN PROGRAM 13 CFR Part 400 not to be significant for purposes of Executive Order 12866. 1.The authority citation for part 400 RIN 3003±ZA00 continues to read as follows: Administrative Procedure Act Emergency Steel Guarantee Loan Authority: Pub. L. 106–51, 113 Stat. 255 This rule is exempt from the (15 U.S.C. 1841 note). Program; Participation in rulemaking requirements contained in 5 Unguaranteed Tranche U.S.C. 553 pursuant to authority 2. New § 400.214 is added to read as follows: AGENCY: Emergency Steel Guarantee contained in 5 U.S.C. 553(a)(2) as it Loan Board. involves a matter relating to loans. As § 400.214 Participation in unguaranteed such, prior notice and an opportunity ACTION: Final rule. tranche of guaranteed loan. for public comment and a delay in (a) Subject to paragraphs (b) and (c) of effective date otherwise required under SUMMARY: The Emergency Steel this section, a Lender may distribute the 5 U.S.C. 553 are inapplicable to this Guarantee Loan Board (Board) is risk of a wholly unguaranteed tranche of rule. amending the regulations governing the a loan guaranteed under the Program by Emergency Steel Guarantee Loan Regulatory Flexibility Act purchase of participations therein from Program (Program). These changes are Because this rule is not subject to a the Lender if: meant to clarify the regulations (1) Neither the loan note nor the applicable to certain types of loan requirement to provide prior notice and an opportunity for public comment Guarantee is assigned, conveyed, sold, participations. The intent of these or transferred in whole or in part; changes is to make explicit the Board’s pursuant to 5 U.S.C. 553, or any other law, the analytical requirements of the (2) The Lender remains solely position with respect to participations responsible for the administration of the in wholly unguaranteed tranches of Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. loan; and loans that are guaranteed under the (3) The Board’s ability to assert any Program. Congressional Review Act and all defenses available to it under the DATES: This rule is effective August 24, This rule has been determined to be Guarantee and the law is not adversely 2000. not major for purposes of the affected.
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(b) The following categories of entities as established in Chapter 2 of Public requiring preparation of a Federalism may purchase participations: Law 106–51, the Emergency Oil and Gas Summary Impact Statement. (1) Eligible Lenders; Guaranteed Loan Program Act (64 FR Executive Order 12630 (2) Private investment funds and 57932). insurance companies that do not usually Section 500.211(f) sets forth reporting This rule does not contain policies invest in commercial loans; requirements imposed on Lenders of that have takings implications. (3) Steel company suppliers or loans guaranteed under the Act. This List of Subjects in 13 CFR Part 500 customers, who are interested in rule provides that the type of annual Administrative practice and participating in the unguaranteed financial statement of the borrower procedure, Loan programs—oil and gas, tranche as a means of commencing or required to be furnished to the Board Reporting and recordkeeping solidifying the supplier or customer will be provided in the Guarantee requirements. relationship with the borrower; or between the Board and the Lender. (4) Any other entity approved by the This rule is intended to allow the Dated: August 14, 2000. Board on a case-by-case basis. Board to determine on a case-by-case Daniel J. Rooney, (c) The Agent must maintain and may basis whether the annual financial Executive Secretary, Emergency Oil and Gas not grant participations in an interest in statement of the borrower must be Guaranteed Loan Board. the unguaranteed portion of the loan, audited or CPA-reviewed. For the reasons set forth in the which as a percentage of the Agent’s preamble, 13 CFR part 500 is amended Administrative Law Requirements overall interest in the loan, is no less to read as follows: than the aggregate percentage of the loan Executive Order 12866 which is not guaranteed. Every Lender, PART 500ÐEMERGENCY OIL AND other than the Agent, must maintain and This final rule has been determined GAS GUARANTEED LOAN PROGRAM may not grant participations in an not to be significant for purposes of interest in the unguaranteed portion of Executive Order 12866. 1. The authority citation for part 500 continues to read as follows: the loan representing no less than five Administrative Procedure Act percent of such Lender’s overall interest Authority: Pub. L. 106–51, 113 Stat. 255 in the loan, except as otherwise This rule is exempt from the (15 U.S.C. 1841 note). provided in § 400.210(c)(3). rulemaking requirements contained in 5 2. Section 500.211(f)(1) is revised to U.S.C. 553 pursuant to authority read as follows: [FR Doc. 00–21424 Filed 8–23–00; 8:45 am] contained in 5 U.S.C. 553(a)(2) as it BILLING CODE 3510±NC±P involves a matter relating to loans. As § 500.211 Lender responsibilities. such, prior notice and an opportunity * * * * * for public comment and a delay in (f) * * * EMERGENCY OIL AND GAS effective date otherwise required under (1) Financial statements for the GUARANTEED LOAN BOARD 5 U.S.C. 553 are inapplicable to this borrower, as provided in the Guarantee; rule. * * * * * 13 CFR Part 500 Regulatory Flexibility Act [FR Doc. 00–21425 Filed 8–23–00; 8:45 am] RIN 3003±ZA00 BILLING CODE 3510±NC±P Because this rule is not subject to a Emergency Oil and Gas Guaranteed requirement to provide prior notice and Loan Program; Financial Statements an opportunity for public comment DEPARTMENT OF TRANSPORTATION pursuant to 5 U.S.C. 553, or any other AGENCY: Emergency Oil and Gas law, the analytical requirements of the Federal Aviation Administration Guaranteed Loan Board. Regulatory Flexibility Act, 5 U.S.C. 601 ACTION: Final rule. et seq., are inapplicable. 14 CFR Part 71 SUMMARY: The Emergency Oil and Gas Congressional Review Act [Airspace Docket No. 00±ASO±30] Guaranteed Loan Board (Board) is amending the regulations governing the This rule has been determined to be Amendment of Class D Airspace: Emergency Oil and Gas Guaranteed not major for purposes of the Simmons Army Airfield (AAF), NC; and Loan Program (Program). This change is Congressional Review Act, 5 U.S.C. 801 Class E4 Airspace: Key West, FL meant to give the Board flexibility in et seq. AGENCY: Federal Aviation determining the type of Borrower Intergovernmental Review Administration (FAA), DOT. financial statements that Lenders of ACTION: guaranteed loans are required to provide No intergovernmental consultations Final rule. to the Board. with State and local officials are required because the rule is not subject SUMMARY: This action amends the Class DATES: This rule is effective August 24, to the provisions of Executive Order D Airspace at Simmons AAF, NC, and 2000. 12372 or Executive Order 12875. the Class E4 Airspace at Key West, FL, FOR FURTHER INFORMATION CONTACT: from continuous to part time, as the air Marguerite S. Owen, General Counsel, Unfunded Mandates Reform Act of 1995 traffic control towers at these locations Emergency Oil and Gas Guaranteed This rule contains no Federal are now part time. Loan Board, U.S. Department of mandates, as that term is defined in the EFFECTIVE DATE: 0901 UTC, November Commerce, Room H2500, Washington, Unfunded Mandates Reform Act, on 30, 2000. DC 20230, (202) 219–0584. State, local and tribal governments or FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: On the private sector. Nancy B. Shelton, Manager, Airspace October 27, 1999, the Board published Branch, Air Traffic Division, Federal a final rule codifying at Chapter V, Title Executive Order 13132 Aviation Administration, P.O. Box 13, Code of Federal Regulations (CFR), This rule does not contain policies 20636, Atlanta, Georgia 30320; regulations implementing the Program, having federalism implications telephone (404) 305–5627.
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SUPPLEMENTARY INFORMATION: PART 71ÐDESIGNATION OF CLASS A, Issued in College Park, Georgia, on August 8, 2000. History CLASS B, CLASS C, CLASS D AND CLASS E AIRSPACE AREAS; Wade T. Carpenter, The air traffic control towers at the AIRWAYS; ROUTES; AND REPORTING Acting Manager, Air Traffic Division, Simmons AAF and Key West POINTS Southern Region. International Airports no longer operate [FR Doc. 00–21493 Filed 8–23–00; 8:45 am] continuously. Therefore, the Class D 1. The authority citation for 14 CFR BILLING CODE 4910±13±M airspace at Simmons AAF, NC, and the part 71 continues to read as follows: Class E4 airspace at Key West, FL, must Authority: 49 U.S.C. 106(g); 40103, 40113, DEPARTMENT OF TRANSPORTATION be amended from continuous to part 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– time. This rule will become effective on 1963 Comp., p. 389; 14 CFR 11.69. the date specified in the EFFECTIVE DATE Federal Aviation Administration section. Since this action eliminates the § 71.1 [Amended] impact of controlled airspace on users of 14 CFR Part 71 the airspace in the vicinity of the 2. The incorporation by reference in [Airplane Docket No. 00±ASO±27] Simmons AAF and Key West 14 CFR 71.1 of Federal Aviation International Airports during the hours Administration Order 7400.9G, Airspace Removal of Class E Airspace; the control towers are closed, notice and Designations and Reporting Points, Melbourne, FL, and Coca Patrick AFB, public procedure under 5 U.S.C. 553(b) dated September 1, 1999, and effective FL are unnecessary. September 16, 1999, is amended as follows: AGENCY: Federal Aviation The Rule Administration (FAA), DOT. Paragraph 5000 Class D Airspace ACTION: Final rule. This amendment to Part 71 of the * * * * * Federal Aviation Regulations (14 CFR SUMMARY: This action removes Class E2 part 71) amends Class D airspace at ASO NC D Simmons AAF, NC [Revised] airspace at Melbourne, FL, and Cocoa Simmons AAF, NC, and Class E4 Simmons AAF, NC Patrick AFB, FL. The weather and radio airspace at Key West, FL. Class D (Lat. 35°07′55″N, long. 78°56′12″W) communications requirements for Class airspace designations and Class E4 E2 Airspace at Melbourne International airspace designations are published in That airspace extending upward from the surface to and including 1,400 feet MSL and Patrick AFB Airports, when the paragraph 5000 and paragraph 6004, within a 3.9-mile radius of Simmons AAF, respective Air Traffic Control (ATC) respectively, of FAA Order 7400.9G excluding the portion northwest of a line towers close, no longer exist. Therefore, dated September 1, 1999, and effective extending from lat. 35°11′47″N, long. the Class E2 airspace for the Melbourne September 16, 1999, which is 78°55′36″W; to lat. 35°06′16″N, long. International and Patrick AFB Airports incorporated by reference in 14 CFR 79°00′31″W; excluding this portion within must be removed. 71.1. The Class D and Class E4 airspace the Fayetteville, NC, Class C airspace area. designations listed in the document will EFFECTIVE DATE: 0901 UTC, October 5, This Class D airspace area is effective during 2000. be published subsequently in this the specific dates and times established in Order. advance by a Notice to Airmen. The effective FOR FURTHER INFORMATION CONTACT: The FAA has determined that this date and time will thereafter be continuously Nancy B. Shelton, Manager, Airspace regulation only involves an established published in the Airport/Facility Directory. Branch, Air Traffic Division, Federal body of technical regulations for which * * * * * Aviation Administration, P.O. Box frequent and routine amendments are 20636, Atlanta, Georgia 30320; necessary to keep them operationally Paragraph 6004 Class E4 Airspace Areas telephone (404) 305–5627. Designated as an extension to a Class D current. It, therefore, (1) is not a SUPPLEMENTARY INFORMATION: ‘‘significant regulatory action’’ under Airspace Area. Executive Order 12866; (2) is not a * * * * * History ‘‘significant rule’’ under DOT ASO FL E4 Key West, FL [Revised] After Patrick AFB Radar Approach Regulatory Policies and Procedures (44 Control (RAPCON) was FR 11034; February 26, 1979); and (3) Key West International Airport, FL decommissioned, air traffic control does not warrant preparation of a (Lat. 24°33′23″N, long. 81°45′34″W) responsibility for the Melbourne regulatory evaluation as the anticipated Key West NAS International and Patrick AFB Airports impact is so minimal. Since this is a (Lat. 24°34′33″N, long. 81°41′20″W) was transferred from Miami ARTC routine matter that will only affect air Center to Daytona Beach Approach traffic procedures and air navigation, it Key West VORTAC Control, when the Melbourne and is certified that this rule will not have (Lat. 24°35′09″N, long. 81°48′02″W) Patrick AFB (ATC) towers close. a significant economic impact on a That airspace extending upward from the Daytona Beach Approach Control does substantial number of small entities surface within 3.1 miles each side of Key not have the communications and under the criteria of the Regulatory West VORTAC 309° radial, extending from weather capability to provide ATC Flexibility Act. the 3.9-mile radius of the Key West service to the surface as required for List of Subjects in 14 CFR Part 71 International Airport and the 5.3-mile radius Class E2 airspace. Therefore, the Class of the Key West NAS to 7 miles northwest E2 airspace must be removed. This rule Airspace, Incorporation by reference, of the VORTAC. This Class E airspace area will become effective on the date Navigation (air). is effective during the specific dates and specified in the DATE section. Since this times established in advance by a Notice to Adoption of the Amendment action removes the Class E2 airspace, Airmen. The effective date and time will and as a result, eliminates the impact of In consideration of the foregoing, the thereafter be continuously published in the Class E2 airspace on users of the Federal Aviation Administration Airport/Facility Directory. airspace in the vicinity of the amends 14 CFR part 71 as follows: * * * * * Melbourne International and Patrick
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AFB Airports, notice and public Issued in College Park, Georgia, on July 18, 2. The FAA Regional Office of the procedure under 5 U.S.C. 553(b) are 2000. region in which the affected airport is unnecessary. Wade T. Carpenter, located. By Subscription—Copies of all SIAP’s, The Rule Acting Manager, Air Traffic Division, Southern Division. mailed once every 2 weeks, are for sale This amendment to Part 71 of the [FR Doc. 00–21637 Filed 8–23–00; 8:45 am] by the Superintendent of Documents, Federal Aviation Regulations (14 CFR BILLING CODE 4910±13±M U.S. Government Printing Office, part 71) removes Class E2 airspace at Washington, DC 20402. Melbourne, FL and Cocoa Patrick AFB, FOR FURTHER INFORMATION CONTACT: FL. DEPARTMENT OF TRANSPORTATION Donald P. Pate, Flight Procedure The FAA has determined that this Standards Branch (AMCAFS–420), regulation only involves an established Federal Aviation Administration Flight Technologies and Programs body of technical regulations for which Division, Flight Standards Service, frequent and routine amendments are 14 CFR Part 97 Federal Aviation Administration, Mike necessary to keep them operationally Monroney Aeronautical Center, 6500 current. It, therefore, (1) is not a [Docket No. 30176; Amdt. No. 2008] South MacArthur Blvd., Oklahoma City, ‘‘significant regulatory action’’ under OK 73169 (Mail Address: P.O. Box Executive Order 12866; (2) is not a Standard Instrument Approach 25082 Oklahoma City, OK 73125) ‘‘significant rule’’ under DOT Procedures; Miscellaneous telephone: (405) 954–4164. Regulatory Policies and Procedures (44 Amendments FR 11034; February 26, 1979); and (3) SUPPLEMENTARY INFORMATION: This does not warrant preparation of a AGENCY: Federal Aviation amendment to part 97 of the Federal regulatory evaluation as the anticipated Administration (FAA), DOT. Aviation Regulations (14 CFR part 97) impact is so minimal. Since this is a ACTION: Final rule. establishes, amends, suspends, or routine matter that will only affect air revokes SIAP’s. The complete regulatory traffic procedures and air navigation, it SUMMARY: This amendment establishes, description of each SIAP is contained in is certified that this rule will not have amends, suspends, or revokes Standard official FAA form documents which are a significant economic impact on a Instrument Approach Procedures incorporated by reference in this substantial number of small entities (SIAP’s) for operations at certain amendment under 5 U.S.C. 552(a), 1 under the criteria of the Regulatory airports. These regulatory actions are CFR part 51, and § 14 CFR 97.20 of the Flexibility Act. needed because of the adoption of new Federal Aviation Regulations (FAR). or revised criteria, or because of changes The applicable FAA Forms are List of Subjects in 14 CFR Part 71 occurring in the National Airspace identified as FAA Form 8260–5. Airspace, Incorporation by Reference, System, such as the commissioning of Materials incorporated by reference are Navigation (air). new navigational facilities, addition of available for examination or purchase as new obstacles, or changes in air traffic stated above. Adoption of the Amendment requirements. These changes are The large number of SIAP’s, their In consideration of the foregoing, the designed to provide safe and efficient complex nature, and the need for a Federal Aviation Administration use of the navigable airspace and to special format make their verbatim amends 14 CFR Part 71 as follows: promote safe flight operations under publication in the Federal Register instrument flight rules at the affected expensive and impractical. Further, PART 71ÐDESIGNATION OF CLASS A, airports. airmen do not use the regulatory text of CLASS B, CLASS C, CLASS D AND the SIAPs, but refer to their graphic DATES: An effective date for each SIAP CLASS E AIRSPACE AREAS; depiction on charts printed by is specified in the amendatory AIRWAYS; ROUTES; AND REPORTING publishers of aeronautical materials. provisions. POINTS Thus, the advantages of incorporation Incorporation by reference-approved by reference are realized and 1. The authority citation for 14 CFR by the Director of the Federal Register publication of the complete description Part 71 continues to read as follows: on December 31, 1980, and reapproved of each SIAP contained in FAA form as of January 1, 1982. Authority: 49 U.S.C. 106(g); 40103, 40113, documents is unnecessary. The 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– ADDRESSES: Availability of matters provisions of this amendment state the 1963 Comp., p. 389; 14 CFR 11.69. incorporated by reference in the affected CFR sections, with the types § 71.1 [Amended] amendment is as follows: and effective dates of the SIAPs. This For Examination— amendment also identifies the airport, 2. The incorporation by reference in 1. FAA Rules Docket, FAA 14 CFR 71.1 of Federal Aviation its location, the procedure identification Headquarters Building, 800 and the amendment number. Administration Order 7400.9G, Airspace Independence Avenue, SW., Designations and Reporting Points, Washington, DC 20591; The Rule dated September 1, 1999, and effective 2. The FAA Regional Office of the This amendment to part 97 is effective September 16, 1999, is amended as region in which the affected airport is upon publication of each separate SIAP follows: located; or as contained in the transmittal. The Paragraph 6002 Class E Airspace 3. The Flight Inspection Area Office SIAP’s contained in this amendment are Designated as Surface Areas. which originated the SIAP. based on the criteria contained in the * * * * * For Purchase—Individual SIAP United States Standard for Terminal ASO FL E2 Melbourne, FL [Remove] copies may be obtained from: Instrument Procedures (TERPS). In * * * * * 1. FAA Public Inquiry Center (APA– developing these SIAPs, the TERPS ASO FL E2 Cocoa Patrick AFB, FL 200), FAA Headquarters Building, 800 criteria were applied to the conditions [Remove] Independence Avenue, SW., existing or anticipated at the affected * * * * * Washington, DC 20591; or airports.
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The FAA has determined through Issued in Washington, DC on August 18, DEPARTMENT OF TRANSPORTATION testing that current non-localizer type, 2000. non-precision instrument approaches L. Nicholas Lacey, Federal Aviation Administration developed using the TERPS criteria can Director, Flight Standards Service. 14 CFR Part 97 be flown by aircraft equipped with a Adoption of the Amendment Global Positioning System (GPS) and or [Docket No. 30175; Amdt. No. 2007] Flight Management System (FMS) Accordingly, pursuant to the equipment. In consideration of the authority delegated to me, part 97 of the Standard Instrument Approach above, the applicable SIAP’s will be Federal Aviation Regulations (14 CFR Procedures; Miscellaneous altered to included ‘‘or GPS or FMS’’ in part 97) is amended as follows: Amendments the title without otherwise reviewing or PART 97ÐSTANDARD INSTRUMENT AGENCY: Federal Aviation modifying the procedure. (Once a stand APPROACH PROCEDURES Administration (FAA), DOT. alone GPS or FMS procedure is ACTION: Final rule. developed, the procedure title will be 1. The authority citation for part 97 altered to remove ‘‘or GPS or FMS’’ from continues to read: SUMMARY: This amendment establishes, these non-localizer, non-precision amends, suspends, or revokes Standard instrument approach procedure titles.) Authority: 49 U.S.C. 106(g), 40103, 40106, Instrument Approach Procedures 40113–40114, 40120, 44502, 44514, 44701, (SIAPs) for operations at certain The FAA has determined through 44719, 44721–44722. extensive analysis that current SIAP’s airports. These regulatory actions are 2. Amend 97.23, 97.27, 97.33 and intended for use by Area Navigation needed because of changes occurring in 97.35, as appropriate, by adding, (RNAV) equipped aircraft can be flown the National Airspace System, such as revising, or removing the following the commissioning of new navigational by aircraft utilizing various others types SIAP’s, effective at 0901 UTC on the facilities, addition of new obstacles, or of navigational equipment. In dates specified: changes in air traffic requirements. consideration of the above, those SIAP’s These changes are designed to provide §§ 97.23, 97.27, 97.33, 97.35 [Amended] currently designated as ‘‘RNAV’’ will be safe and efficient use of the navigable redesignated as ‘‘VOR/DME RNAV’’ * * * Effective October 5, 2000 airspace and to promote safe flight without otherwise reviewing or operations under instrument flight rules modifying the SIAP’s. Northway, AK, Northway VOR/DME or at the affected airports. GPS–A, Orig, CANCELLED Because of the close and immediate DATES: An effective date for each SIAP relationship between these SIAP’s and Northway, AK, Northway VOR/DME–A, is specified in the amendatory safety in air commerce, I find that notice Orig provisions. and public procedure before adopting Unalaska, AK, Unalaska NDB or GPS–A, Incorporation by reference-approved these SIAPs are, impracticable and Amdt 2A, CANCELLED by the Director of the Federal Register contrary to the public interest and, Unalaska, AK, Unalaska NDB–A, Amdt on December 31, 1980, and reapproved where applicable, that good cause exists 2A as of January 1, 1982. for making some SIAPs effective in less Grinnell, IA, Grinnell Regional VOR/ ADDRESSES: Availability of matter than 30 days. DME or GPS RWY 31, Amdt 2, incorporated by reference in the CANCELLED amendment is as follows: Conclusion For Examination— Grinnell, IA, Grinnell Regional VOR/ 1. FAA Rules Docket, FAA The FAA has determined that this DME RWY 31, Amdt 2 regulation only involves an established Headquarters Building, 800 Connersville, IN, Connersville/Mettel Independence Avenue, SW., body of technical regulations for which Field, NDB or GPS RWY 18, ORIG–A, frequent and routine amendments are Washington, DC 20591; CANCELLED 2. The FAA Regional Office of the necessary to keep them operationally Connersville, IN, Connersville/Mettel region in which affected airport is current. It, therefore—(1) is not a Field, NDB RWY 18, ORIG–A located; or ‘‘significant regulatory action’’ under 3. The Flight Inspection Area Office Executive Order 12866; (2) is not a Hays, KS, Hays Regional, NDB or GPS RWY 34, Amdt 2B, CANCELLED which originated the SIAP. ‘‘significant rule’’ under DOT For Purchase—Individual SIAP Regulatory Policies and Procedures (44 Hays, KS, Hays Regional, NDB RWY 34, Amdt 2B copies may be obtained from: FR 11034; February 26, 1979); and (3) 1. FAA Public Inquiry Center (APA– does not warrant preparation of a The FAA published an Amendment 200), FAA Headquarters Building, 800 regulatory evaluation as the anticipated in Docket No. 30150, Amdt. No. 2005 to Independence Avenue, SW., impact is so minimal. For the same Part 97 of the Federal Aviation Washington, DC 20591; or reason, the FAA certifies that this Regulations (Vol 65 FR No. 155 Page 2. The FAA Regional Office of the amendment will not have a significant 48891; dated 10 August 2000) under region in which the affected airport is economic impact on a substantial section 97.23 effective 5 October 2000, located. number of small entities under the which is hereby amended as follows: By Subscription—Copies of all SIAPs, criteria of the Regulatory Flexibility Act. Rescind the following: mailed once every 2 weeks, are for sale by the Superintendent of Documents, Watertown, NY, Watertown Intl, VOR or List of Subjects in 14 CFR Part 97 US Government Printing Office, GPS RWY 7, Amdt 13A, CANCELLED Washington, DC 20402. Air Traffic Control, Airports, Watertown, NY, Watertown Intl, VOR FOR FURTHER INFORMATION CONTACT: Navigation (Air). RWY 7, Amdt 13A Donald P. Pate, Flight Procedure [FR Doc. 00–21636 Filed 8–23–00; 8:45 am] Standards Branch (AMCAFS–420), BILLING CODE 4910±13±M Flight Technologies and Programs
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Division, Flight Standards Service, timeliness of change considerations, this FR 11034; February 26, 1979); and (3) Federal Aviation Administration, Mike amendment incorporates only specific does not warrant preparation of a Monroney Aeronautical Center, 6500 changes contained in the content of the regulatory evaluation as the anticipated South MacArthur Blvd., Oklahoma City, following FDC/P NOTAMs for each impact is so minimal. For the same OK 73169 (Mail Address: P.O. Box SIAP. The SIAP information in some reason, the FAA certifies that this 25082 Oklahoma City, OK 73125) previously designated FDC/Temporary amendment will not have a significant telephone: (405) 954–4164. (FDC/T) NOTAMs is of such duration as economic impact on a substantial SUPPLEMENTARY INFORMATION: This to be permanent. With conversion to number of small entities under the amendment to part 97 of the Federal FDC/P NOTAMs, the respective FDC/T criteria of the Regulatory Flexibility Act. NOTAMs have been canceled. Aviation Regulations (14 CFR part 97) List of Subjects in 14 CFR Part 97 establishes, amends, suspends, or The FDC/P NOTAMs for the SIAPs revokes Standard Instrument Approach contained in this amendment are based Air Traffic Control, Airports, Procedures (SIAPs). The complete on the criteria contained in the U.S. Navigation (Air). regulatory description on each SIAP is Standard for Terminal Instrument Issued in Washington, DC on August 18, contained in the appropriate FAA Form Procedures (TERPS). In developing 2000. 8260 and the National Flight Data these chart changes to SIAPs by FDC/P L. Nicholas Lacey, Center (FDC)/Permanent (P) Notices to NOTAMs, the TERPS criteria were Director, Flight Standards Service. Airmen (NOTAM) which are applied to only these specific conditions incorporated by reference in the existing at the affected airports. All Adoption of the Amendment amendment under 5 U.S.C. 552(a), 1 SIAP amendments in this rule have Accordingly, pursuant to the CFR part 51, and § 97.20 of the Federal been previously issued by the FAA in a authority delegated to me, part 97 of the Aviation’s Regulations (FAR). Materials National Flight Data Center (FDC) Federal Aviation Regulations (14 CFR incorporated by reference are available Notice to Airmen (NOTAM) as an part 97) is amended by establishing, for examination or purchase as stated emergency action of immediate flight amending, suspending, or revoking above. safety relating directly to published Standard Instrument Approach The large number of SIAPs, their aeronautical charts. The circumstances Procedures, effective at 0901 UTC on complex nature, and the need for a which created the need for all these the dates specified, as follows: special format make their verbatim SIAP amendments requires making publication in the Federal Register them effective in less than 30 days. Part 97ÐSTANDARD INSTRUMENT expensive and impractical. Further, Further, the SIAPs contained in this APPROACH PROCEDURES airmen do not use the regulatory text of amendment are based on the criteria the SIAPs, but refer to their graphic contained in the TERPS. Because of the 1. The authority citation for part 97 is depiction of charts printed by close and immediate relationship revised to read as follows: publishers of aeronautical materials. between these SIAPs and safety in air Authority: 49 U.S.C. 40103, 40113, 40120, Thus, the advantages of incorporation commerce, I find that notice and public 44701; 49 U.S.C. 106(g); and 14 CFR by reference are realized and procedure before adopting these SIAPs 11.49(b)(2). publication of the complete description are impracticable and contrary to the 2. Part 97 is amended to read as of each SIAP contained in FAA form public interest and, where applicable, follows: documents is unnecessary. The that good cause exists for making these provisions of this amendment state the SIAPs effective in less than 30 days. §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended] affected CFR (and FAR) sections, with Conclusion the types and effective dates of the By amending: § 97.23 VOR, VOR/ SIAPs. This amendment also identifies The FAA has determined that this DME, VOR or TACAN, and VOR/DME the airport, its location, the procedure regulation only involves an established or TACAN; § 97.25 LOC, LOC/DME, identification and the amendment body of technical regulations for which LDA, LDA/DME, SDF, SDF/DME; number. frequent and routine amendments are § 97.27 NDB, NDB/DME; § 97.29 ILS, necessary to keep them operationally ILS/DME, ISMLS, MLS, MLS/DME, The Rule current. It, therefore—(1) is not a MLS/RNAV; § 97.31 RADAR SIAPs; This amendment to part 97 of the ‘‘significant regulatory rule’’ under § 97.33 RNAV SIAPs; and § 97.35 Federal Aviation Regulations (14 CFR Executive Order 12866; (2) is not a COPTER SIAPs, identified as follows: part 97) establishes, amends, suspends, ‘‘significant rule’’ under DOT * * * EFFECTIVE UPON or revokes SIAPs. For safety and Regulatory Policies and Procedures (44 PUBLICATION
FDC date State City Airport FDC No. SIAP
07/02/00 .... LA Oakdale ...... Allen Parish ...... 0/8721 NDB RWY 35, Orig ... REPLACES TL00±18 07/31/00 .... LA Shreveport ...... Shreveport Regional ...... 0/9318 LOC RWY 5, AMDT 1 ... THIS REPLACES FDC 0/8641 08/02/00 .... MN Duluth ...... Duluth Intl ...... 0/8786 ILS RWY 27, AMDT 8 ... 08/03/00 .... AZ Chandler ...... Chandler Muni ...... 0/8826 GPS RWY 4L, Orig ... 08/03/00 .... OK Stillwater ...... Stillwater Regional ...... 0/8863 NDB RWY 17, Orig-A ... 08/04/00 .... AK Bethel ...... Bethel ...... 0/8905 GPS RWY 18, Orig ... 08/04/00 .... AK Bethel ...... Bethel ...... FDC 0/8906 GPS RWY 36, Orig ... 08/04/00 .... AK Kenai ...... Kenai Muni ...... 0/8907 NDB±A, AMDT 3 ... 08/04/00 .... AK Kenai ...... Kenai Muni ...... 0/8908 GPS RWY 19R, Orig-A ... 08/04/00 .... AK Kenai ...... Kenai Muni ...... 0/8909 VOR/DME RWY 1L, AMDT 5A ... 08/04/00 .... AK Kenai ...... Kenai Muni ...... 0/8910 ILS RWY 19R, Orig ... 08/04/00 .... AK Kenai ...... Kenai Muni ...... 0/8911 VOR RWY 19R, AMDT 16A ... 08/04/00 .... CA Blythe ...... Blythe ...... 0/8899 VOR or GPS±A AMDT 6 ...
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FDC date State City Airport FDC No. SIAP
08/04/00 .... CA Blythe ...... Blythe ...... 0/8900 VOR/DME or GPS RWY 26 AMDT 5 ... 08/04/00 .... KS El Dorado ...... Captain Jack Thomas/El Dorado ...... 0/8917 GPS RWY 33, Orig ... 08/04/00 .... NJ Newark ...... Newark Intl ...... 0/8901 ILS RWY 22R AMDT 3 ... 08/04/00 .... NJ Newark ...... Newark Intl ...... 0/8902 ILS RWY 22L AMDT 10 ... 08/04/00 .... NJ Newark ...... Newark Intl ...... 0/8903 VOR/DME RWY 22R AMDT 4 ... 08/04/00 .... NJ Newark ...... Newark Intl ...... 0/8904 VOR/DME RWY 22L Orig ... 08/04/00 .... WI Delavan ...... Lake Lawn ...... 0/8936 NDB or GPS RWY 18, AMDT 2A ... 08/07/00 .... AK Kenai ...... Kenai Muni ...... 0/9097 GPS RWY 1L, Orig±A ... 08/07/00 .... CA Santa Maria...... Santa Maria Public/Captain G. Allan 0/9107 VOR or GPS RWY 12 AMDT 13A ... Hancock Field. 08/07/00 .... CA Santa Maria...... Santa Maria Public/Captain G. Allan 0/9108 ILS RWY 12 AMDT 9B ... Hancock Field. 08/07/00 .... MO Rollq/Vichy ...... Rollq National ...... 0/9109 VOR/DME RWY 4, AMDT 2B ... 08/07/00 .... OK ADA ...... ADA Muni ...... 0/9103 GPS RWY 35, Orig ... 08/08/00 .... GA Atlanta ...... The William B. Hartsfield Atlanta Intl ...... 0/9172 ILS RWY 9L AMDT 6B ... 08/08/00 .... LA Baton Rouge ...... Baton Rouge Metropolitan/Ryan Field .... 0/9167 RADAR±1, AMDT 10 ... 08/08/00 .... LA Lake Charles ...... Lake Charles Regional ...... 0/9168 RADAR±1, AMDT 4 ... THIS REPLACES 0/8079 08/09/00 .... IA Hampton ...... Hampton Muni ...... 0/9244 NDB RWY 17, AMDT 4 ... 08/09/00 .... IA Hampton ...... Hampton Muni ...... 0/9245 VOR/DME RWY 35, AMDT 1 ... 08/09/00 .... LA Opelousas ...... St. Landry Parish-Ahart Field ...... 0/9214 NDB or GPS RWY 17, AMDT 1A ... 08/09/00 .... LA Opelousas ...... St. Landry Parish-Ahart Field ...... 0/9215 VOR/DME RWY 35, ORIG±A ... 08/09/00 .... LA Opelousas ...... St. Landry Parish-Ahart Field ...... 0/9216 GPS RWY 35, ORIG ... 08/09/00 .... WA Seattle ...... Boeing Field/King County Intl ...... 0/9209 ILS RWY 31L Orig ... 08/10/00 .... AK Adak Island ...... Adak NAF ...... 0/9300 NDB/DME RWY 23, Orig ... 08/10/00 .... FL Miami ...... Miami Intl ...... 0/9335 GPS RWY 9R, Orig-A ... 08/10/00 .... LA Lake Charles ...... Lake Charles Regional ...... 0/9324 VOR/DME RNAV RWY 5, AMDT 3A ... 08/10/00 .... MI Newberry ...... Luce County ...... 0/9308 VOR or GPS RWY 29, AMDT 11 ... 08/10/00 .... MI Newberry ...... Luce County ...... 0/9309 VOR or GPS RWY 11, AMDT 11 ... 08/10/00 .... MI Three Rivers ...... Three Rivers Muni Dr. Haines ...... 0/9311 RNAV RWY 22, ORIG ... 08/10/00 .... NC Siler City ...... Siler City Municipal ...... 0/9383 RNAV RWY 22 Orig ... 08/10/00 .... SC Myrtle Beach ...... Myrtle Beach Intl ...... 0/9325 ILS RWY 35 AMDT 1 ... 08/10/00 .... SC Myrtle Beach ...... Myrtle Beach Intl ...... 0/9326 RNAV RWY 17 ... 08/10/00 .... SC Myrtle Beach ...... Myrtle Beach Intl ...... 0/9328 RNAV RWY 35 ORIG ... 08/10/00 .... SC Myrtle Beach ...... Myrtle Beach Intl ...... 0/9329 ILS RWY 17 AMDT 1 ... 08/10/00 .... TN Sparta ...... Upper Cumberland Regional ...... 0/9398 ILS RWY 4 Orig ... 08/11/00 .... CA Sacramento ...... Sacramento Executive ...... 0/9458 ILS RWY 2, AMDT 22 ... 08/11/00 .... FM Kosrae Island ...... Kosrae ...... 0/9464 NDB/DME±A Orig ... 08/11/00 .... LA Ruston ...... Ruston Regional ...... 0/9452 NDB RWY 18, Orig±B ... 08/11/00 .... MT Helena ...... Helena Regional ...... 0/9478 VOR/DME or GPS±B, AMDT 6 ... 08/11/00 .... MT Helena ...... Helena Regional ...... 0/9479 ILS RWY 27, AMDT 1 ... 08/14/00 .... IA Belle Plaine ...... Belle Plaine Muni ...... 0/9683 GPS RWY 17, Orig ... 08/14/00 .... IA Belle Plaine ...... Belle Plaine Muni ...... 0/9684 GPS RWY 35, Orig ... 08/14/00 .... IA Belle Plaine ...... Belle Plaine Muni ...... 0/9685 NDB RWY 35, Orig ... 08/14/00 .... IL Bloomington-Normal Central IL Regal Arpt at Bloomington- 0/9616 ILS RWY 29, AMDT 8C ... Normal. 08/14/00 .... IL Taylorville ...... Taylorville Muni ...... 0/9643 NDB RWY 18, AMDT 3A ... 08/14/00 .... MI Hancock ...... Houghton County Memorial ...... 0/9633 LOC/DME BC RWY 13, AMDT 11B ... 08/14/00 .... NH Laconia ...... Laconia Muni ...... 0/9618 NDB or GPS RWY 8 AMDT 8 ... 08/14/00 .... OK ADA ...... ADA Muni ...... 0/9635 VOR/DME RWY 17, AMDT 1A ... 08/14/00 .... OK ADA ...... ADA Muni ...... 0/9640 GPS RWY 17, ORIG ... 08/14/00 .... OK Ardmore ...... Ardmore Downtown Executive ...... 0/9642 GPS RWY 35, ORIG ... 08/14/00 .... OK Ardmore ...... Ardmore Downtown Executive ...... 0/9658 VOR/DME RNAV RWY 35, AMDT 5A ... 08/14/00 .... OK Bartlesville ...... Bartlesville Muni ...... 0/9712 LOC RWY 17, AMDT 2 ... 08/14/00 .... OK Bartlesville ...... Bartlesville Muni ...... 0/9713 VOR/DME RWY 35, AMDT 5 ... 08/14/00 .... OK Bartlesville ...... Bartlesville Muni ...... 0/9727 VOR RWY 17, AMDT 10 ... 08/14/00 .... OK Bartlesville ...... Bartlesville Muni ...... 0/9729 NDB RWY 17, AMDT 1 ... 08/14/00 .... OK Stillwater ...... Stillwater Regional ...... 0/9637 VOR RWY 17, AMDT 13A ... 08/14/00 .... VT Barre-Montpelier ..... Edwater F. Knapp State ...... 0/9601 ILS RWY 17 AMDT 5 ... 08/16/00 .... LA Lafayette ...... Lafayette Regional ...... 0/9738 NDB or GPS RWY 22L, AMDT 4 ... 08/16/00 .... NJ Berlin ...... Camden County ...... 0/9780 GPS RWY 5, Orig ... 08/16/00 .... OK Bartlesville ...... Bartlesville Muni ...... 0/9753 GPS RWY 17, ORIG±A ... 08/16/00 .... OK Bartlesville ...... Bartlesville Muni ...... 0/9754 GPS RWY 35, ORIG±A ... 08/16/00 .... OK Chickasha ...... Chickasha Muni ...... 0/9772 GPS RWY 17, Orig ... 08/16/00 .... OK Chickasha ...... Chickasha Muni ...... 0/9773 GPS RWY 35, Orig ... 08/16/00 .... OK Chickasha ...... Chickasha Muni ...... 0/9774 VOR/DME RNAV RWY 35, AMDT 1 ...
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[FR Doc. 00–21635 Filed 8–23–00; 8:45 am] U.S. Government Printing Office, least 30 days after publication is BILLING CODE 4910±13±M Washington, DC 20402. provided. FOR FURTHER INFORMATION CONTACT: Further, the SIAPs contained in this Donald P. Pate, Flight Procedure amendment are based on the criteria DEPARTMENT OF TRANSPORTATION Standards Branch (AMCAFS–420), contained in the U.S. Standard for Flight Technologies and Programs Terminal Instrument Procedures Federal Aviation Administration Division, Flight Standards Service, (TERPS). In developing these SIAPs, the Federal Aviation Administration, Mike TERPS criteria were applied to the 14 CFR Part 97 Monroney Aeronautical Center, 6500 conditions existing or anticipated at the [Docket No. 30174; Amdt. No. 2006] South MacArthur Blvd., Oklahoma City, affected airports. Because of the close OK 73169 (Mail Address: P.O. Box and immediate relationship between Standard Instrument Approach 25082 Oklahoma City, OK 73125) these SIAPs and safety in air commerce, Procedures; Miscellaneous telephone: (405) 954–4164. I find that notice and public procedure Amendments SUPPLEMENTARY INFORMATION: This before adopting these SIAPs are amendment to part 97 of the Federal impracticable and contrary to the public AGENCY: Federal Aviation interest and, where applicable, that Administration (FAA), DOT. Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or good cause exists for making some ACTION: Final rule. revokes Standard Instrument Approach SIAPs effective in less than 30 days. SUMMARY: This amendment establishes, Procedures (SIAPs). The complete Conclusion regulatory description of each SIAP is amends, suspends, or revokes Standard The FAA has determined that this contained in official FAA form Instrument Approach Procedures regulation only involves an established documents which are incorporated by (SIAPs) for operations at certain body of technical regulations for which reference in this amendment under 5 airports. These regulatory actions are frequent and routine amendments are U.S.C. 552(a), 1 CFR part 51, and § 97.20 needed because of the adoption of new necessary to keep them operationally of the Federal Aviation Regulations or revised criteria, or because of changes current. It, therefore—(1) is not a (FAR). The applicable FAA Forms are occurring in the National Airspace ‘‘significant regulatory action’’ under identified as FAA Forms 8260–3, 8260– System, such as the commissioning of Executive Order 12866; (2) is not a 4, and 8260–5. Materials incorporated new navigational facilities, addition of ‘‘significant rule’’ under DOT by reference are available for new obstacles, or changes in air traffic Regulatory Policies and Procedures (44 examination or purchase as stated requirements. These changes are FR 11034; February 26, 1979); and (3) above. designed to provide safe and efficient does not warrant preparation of a The large number of SIAPs, their use of the navigable airspace and to regulatory evaluation as the anticipated complex nature, and the need for a promote safe flight operations under impact is so minimal. For the same special format make their verbatim instrument flight rules at the affected reason, the FAA certifies that this publication in the Federal Register airports. amendment will not have a significant expensive and impractical. Further, economic impact on a substantial DATES: An effective date for each SIAP airmen do not use the regulatory text of number of small entities under the is specified in the amendatory the SIAPs, but refer to their graphic criteria of the Regulatory Flexibility Act. provisions. depiction on charts printed by Incorporation by reference-approved publishers of aeronautical materials. List of Subjects in 14 CFR Part 97 by the Director of the Federal Register Thus, the advantages of incorporation on December 31, 1980, and reapproved Air Traffic Control, Airports, by reference are realized and Navigation (Air). as of January 1, 1982. publication of the complete description ADDRESSES: Availability of matters of each SIAP contained in FAA form Issued in Washington, DC on August 18, incorporated by reference in the documents is unnecessary. The 2000. amendment is as follows: provisions of this amendment state the L. Nicholas Lacey, For Examination— affected CFR (and FAR) sections, with Director, Flight Standards Service. 1. FAA Rules Docket, FAA the types and effective dates of the Adoption of the Amendment Headquarters Building, 800 SIAPs. This amendment also identifies Independence Avenue, SW., the airport, its location, the procedure Accordingly, pursuant to the Washington, DC 20591; identification and the amendment authority delegated to me, part 97 of the 2. The FAA Regional Office of the number. Federal Aviation Regulations (14 CFR region in which the affected airport is part 97) is amended by establishing, located; or The Rule amending, suspending, or revoking 3. The Flight Inspection Area Office This amendment to part 97 is effective Standard Instrument Approach which originated the SIAP. upon publication of each separate SIAP Procedures, effective at 0901 UTC on For Purchase—Individual SIAP as contained in the transmittal. Some the dates specified, as follows: copies may be obtained from: SIAP amendments may have been 1. FAA Public Inquiry Center (APA– previously issued by the FAA in a PART 97ÐSTANDARD INSTRUMENT 200), FAA Headquarters Building, 800 National Flight Data Center (NFDC) APPROACH PROCEDURES Independence Avenue, SW., Notice to Airmen (NOTAM) as an 1. The authority citation for part 97 is Washington, DC 20591; or emergency action of immediate flight revised to read as follows: 2. The FAA Regional Office of the safety relating directly to published region in which the affected airport is aeronautical charts. The circumstances Authority: 49 U.S.C. 106(g), 40103, 40113, located. which created the need for some SIAP 40120, 44701; and 14 CFR 11.49(b)(2). By Subscription—Copies of all SIAPs, amendments may require making them 2. Part 97 is amended to read as mailed once every 2 weeks, are for sale effective in less than 30 days. For the follows: by the Superintendent of Documents, remaining SIAPs, an effective date at
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§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Baltimore, MD, Baltimore-Washington San Juan, PR, Luis Munoz Marin Intl, 97.35 [Amended] Intl, RNAV Z RWY 15R, Orig RNAV RWY 10, Orig By amending: § 97.23 VOR, VOR/ Baltimore, MD, Baltimore-Washington Appleton, WI, Outagamie County DME, VOR or TACAN, and VOR/DME Intl, RNAV RWY 22, Orig Regional, LOC BC RWY 21, Amdt 1 or TACAN; § 97.25 LOC, LOC/DME, Baltimore, MD, Baltimore-Washington [FR Doc. 00–21634 Filed 8–23–00; 8:45 am] LDA, LDA/DME, SDF, SDF/DME; Intl, GPS RWY 22, Orig, CANCELLED § 97.27 NDB, NDB/DME; § 97.29 ILS, Baltimore, MD, Baltimore-Washington BILLING CODE 4910±13±M ILS/DME, ISMLS, MLS, MLS/DME, Intl, RNAV Y RWY 28, Orig MLS/RNAV; § 97.31 RADAR SIAPs; Baltimore, MD, Baltimore-Washington § 97.33 RNAV SIAPs; and § 97.35 Intl, RNAV Z RWY 28, Orig COMMODITY FUTURES TRADING COPTER SIAPs, identified as follows: Baltimore, MD, Baltimore-Washington COMMISSION Intl, RNAV RWY 33L, Orig 17 CFR Part 1 * * * Effective October 5, 2000 Baltimore, MD, Baltimore-Washington Naples, FL, Naples Muni, GPS RWY 5, Intl, RNAV RWY 33R, Orig RIN 3038±AB54 Orig–A, CANCELLED Baltimore, MD, Baltimore-Washington Naples, FL, Naples Muni, RNAV RWY Intl, ILS RWY 10, Amdt 18 Minimum Financial Requirements for 5, Orig Baltimore, MD, Baltimore-Washington Futures Commission Merchants and Naples, FL, Naples Muni, GPS RWY 23, Intl, ILS RWY 15L, Orig Introducing Brokers; Amendments to Orig–B, CANCELLED Baltimore, MD, Baltimore-Washington the Provisions Governing Naples, FL, Naples Muni, RNAV RWY Intl, ILS RWY 15R, Amdt 15 Subordination Agreements Included in 23, Orig Baltimore, MD, Baltimore-Washington the Net Capital of a Futures Augusta, GA, Daniel Field, RADAR–1, Intl, ILS RWY 28, Amdt 15 Commission Merchant or Independent Amdt 7 Baltimore, MD, Baltimore-Washington Introducing Broker Connersville, IN, Mettel Field, RNAV Intl, ILS RWY 33L, Amdt 9 AGENCY: Commodity Futures Trading RWY 18, Orig Baltimore, MD, Baltimore-Washington Commission. Connersville, IN, Mettel Field, RNAV Intl, ILS RWY 33R, Orig RWY 36, Orig Baltimore, MD, Martin State, VOR/DME ACTION: Final rule. Brainerd, MN, Brainerd-Crow Wing Co. OR TACAN RWY 15, Amdt 5, SUMMARY: The Commodity Futures Regional ILS RWY 23, Amdt 6 CANCELLED Norwood, MA, Norwood Memorial, Trading Commission (‘‘Commission’’ or Baltimore, MD, Martin State, VOR/DME ‘‘CFTC’’) is amending Regulation LOC RWY 35, Amdt 9 OR TACAN Z RWY 15, Orig Norwood, MA, Norwood Memorial, 1.17(h), which governs the net capital Baltimore, MD, Martin State, LOC RWY treatment of subordination agreements. NDB RWY 35, Amdt 9 15, Amdt 1 Baltimore, MD, Baltimore-Washington Currently, futures commission Baltimore, MD, Martin State, NDB RWY merchants (‘‘FCMs’’) and independent Intl, VOR/DME RWY 4, Amdt 3 15, Amdt 9 Baltimore, MD, Baltimore-Washington introducing brokers (‘‘IBIs’’) that are Baltimore, MD, Martin State, NDB RWY members of a self-regulatory Intl, VOR RWY 10, Amdt 17 33, Amdt 8 Baltimore, MD, Baltimore-Washington organization (‘‘SRO’’—i.e., a contract Baltimore, MD, Martin State, ILS RWY Intl, VOR/DME RWY 15L, Amdt 2 market or the National Futures 33, Amdt 6 Baltimore, MD, Baltimore-Washington Association) and that are securities Baltimore, MD, Martin State, VOR/DME Intl, VOR/DME RWY 22, Amdt 11 brokers or dealers registered with the RNAV RWY 15, Amdt 5A, Baltimore, MD, Baltimore-Washington Securities and Exchange Commission CANCELLED Intl, VOR RWY 28, Amdt 24 (‘‘SEC’’) are required to obtain the Baltimore, MD, Martin State, RNAV Baltimore, MD, Baltimore-Washington approval of both a futures SRO and a RWY 15, Orig Intl, VOR/DME RWY 33L, Amdt 3 securities designated examining Baltimore, MD, Martin State, RNAV Baltimore, MD, Baltimore-Washington authority (‘‘DEA’’) for any proposed RWY 33, Orig Intl, VOR/DME–A, Amdt 1, subordination agreement, proposed Harbor Springs, MI, Harbor Springs, CANCELLED prepayment of a subordinated loan, or RNAV RWY 10, Orig Baltimore, MD, Baltimore-Washington proposed reduction in the outstanding Intl, ILS/DME RWY 15L, Amdt 4, Harbor Springs, MI, Harbor Springs, RNAV RWY 28, Orig principal balance of a secured demand CANCELLED note. The Commission is amending its Baltimore, MD, Baltimore-Washington Minneapolis, MN, Minneapolic–St. Paul Intl/Wold Chamberlain, ILS RWY regulations to permit a futures SRO, Intl, VOR/DME RNAV RWY 22, Amdt subject to the conditions set forth below, 6A, CANCELLED 30L, Amdt 43 Minneapolis, MN, Minneapolis–St. Paul to rely on a securities DEA’s review and Baltimore, MD, Baltimore-Washington approval of a proposed subordination Intl, ILS/DME RWY 33R, Amdt 2B, Intl/Wold Chamberlain, ILS PRM RWY 30L, Amdt 4 (Simultaneous agreement, a proposed prepayment of a CANCELLED subordinated loan, or a proposed Baltimore, MD, Baltimore-Washington Close Parallel) Ithaca, NY, Tompkins County, ILS RWY reduction in the outstanding principal Intl, RNAV RWY 4, Orig balance of a secured demand note Baltimore, MD, Baltimore-Washington 32, Amdt 5 submitted to the DEA and SRO by an Intl, GPS RWY 4, Orig, CANCELLED Toledo, OH, Metcalf Field, VOR RWY 4, FCM or IBI. Baltimore, MD, Baltimore-Washington Amdt 9B Intl, RNAV RWY 10, Orig Tillamook, OR, Tillamook, RNAV RWY EFFECTIVE DATE: September 25, 2000. Baltimore, MD, Baltimore-Washington 13, Orig FOR FURTHER INFORMATION CONTACT: Intl, RNAV RWY 15L, Orig San Juan, PR, Luis Munoz Marin Intl, Thomas J. Smith, Special Counsel, Baltimore, MD, Baltimore-Washington GPS RWY 8, Orig–B, CANCELLED Division of Trading and Markets, Intl, GPS RWY 15L, Orig, San Juan, PR, Luis Munoz Marin Intl, Commodity Futures Trading CANCELLED RNAV RWY 8, Orig Commission, Three Lafayette Centre, Baltimore, MD, Baltimore-Washington San Juan, PR, Luis Munoz Marin Intl, 1155 21st Street, N.W., Washington, Intl, RNAV Y RWY 15R, Orig GPS RWY 10, Orig–A, CANCELLED D.C. 20581; telephone (202) 418–5495;
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In accordance with section 154, the apportionment under section 402 of that 3. All Alcoholic Beverages transferred funds are to be used for title, if the State fails to enact and The law must apply to all ‘‘alcoholic alcohol-impaired driving enforce a conforming ‘‘open container’’ beverages.’’ countermeasures or the enforcement of law. If a State does not meet the driving while intoxicated (DWI) laws. statutory requirements on October 1, 4. Applies to All Occupants States may elect instead to use all or a 2000 or October 1, 2001, an amount The law must apply to all occupants portion of the funds for hazard equal to one and one-half percent of the of the motor vehicle, including the elimination activities, under 23 U.S.C. funds apportioned to the State will be driver and all passengers. Section 152. transferred. If a State does not meet the statutory requirements on October 1, 5. Located on a Public Highway or the Background 2002, an amount equal to three percent Right-of-Way of a Public Highway The Problem of Impaired Driving of the funds apportioned to the State The law must apply to a motor Injuries caused by motor vehicle will be transferred. An amount equal to vehicle while it is located anywhere on traffic crashes are the leading cause of three percent will continue to be a public highway or the right-of-way of death in America for people aged 5 to transferred on October 1 of each a public highway. subsequent fiscal year, if the State does 29. Each year, traffic crashes in the 6. Primary Enforcement United States claim approximately not meet the requirements on those 41,000 lives and cost Americans an dates. The State must provide for primary estimated $150 billion, including $19 To avoid the transfer of funds a State enforcement of its law. Under a primary billion in medical and emergency must enact and enforce a law that enforcement law, law enforcement expenses, $42 billion in lost prohibits the possession of any open officials have the authority to enforce productivity, $52 billion in property alcoholic beverage container, and the the law without, for example, the need damage, and $37 billion in other crash- consumption of any alcoholic beverage, to show that they had probable cause to related costs. In 1998, alcohol was in the passenger area of any motor believe that another violation had been involved in approximately 39 percent of vehicle (including possession or committed. A law that provides for fatal traffic crashes. Every 33 minutes, consumption by the driver of the secondary enforcement will not conform someone in this country dies in an vehicle) located on a public highway, or to the requirements of the regulation. alcohol-related crash. Impaired driving the right-of-way of a public highway, in A more detailed discussion of the six is the most frequently committed the State. elements described above is contained violent crime in America. Interim Final Rule in the interim final rule (63 FR 53580– 586). Open Container Law Incentives On October 6 1998, NHTSA and the Demonstrating Compliance State open container laws can serve as FHWA published an interim final rule an important tool in the fight against in the Federal Register to implement Section 154 provides that impaired driving. To encourage States to the Section 154 program (63 FR 53580). nonconforming States will be subject to enact and enforce effective impaired The interim final rule provided that, to the transfer of funds beginning in fiscal driving measures (including open avoid the transfer of funds, a State must year 2001. To avoid the transfer, the container laws), Congress enacted 23 have a law that has been enacted and interim final rule provided that each U.S.C. Section 410 (the Section 410 made effective, and must be actively State must submit a certification by an program) in 1988. Under this program, enforcing the law. In addition, the law appropriate State official that the State States could qualify for supplemental must meet certain basic elements. has enacted and is enforcing an open grant funds if they qualified for a basic Compliance Criteria container law that conforms to 23 U.S.C. Section 410 grant and had an open 154 and part 1270. A more detailed container law that met certain To avoid a transfer of funds under the discussion regarding the certifications is requirements. interim final rule, a State must meet the contained in the interim final rule (63 TEA 21 changed the Section 410 following basic elements: FR 53583). program and removed the open 1. Prohibits Possession of Any Open Enforcement container incentive grant criterion. The Alcoholic Beverage Container and the Section 154 provides that a State must conferees to that legislation had Consumption of Any Alcoholic Beverage intended to create a new open container not only enact a conforming law, but transfer program to encourage States to The law must prohibit the possession must also enforce the law. In the interim enact open container laws, but this new of any open alcoholic beverage final rule, the agencies encouraged the program was inadvertently omitted from container in the passenger area of any States to enforce their open container the TEA 21 conference report. The motor vehicle that is located on a public laws rigorously. In particular, the program was included instead in the highway or right-of-way. The law must agencies recommended that States TEA 21 Restoration Act, which was also prohibit the consumption of any incorporate into their enforcement signed into law on July 22, 1998. alcoholic beverage in the passenger area efforts activities designed to inform law of any motor vehicle that is located on enforcement officers, prosecutors, Section 154 Open Container Law a public highway or right-of-way. members of the judiciary and the public Program about their open container laws. States 2. In the Passenger Area of Any Motor Section 154 provides that the should also take steps to integrate their Vehicle Secretary must transfer a portion of a open container enforcement efforts into State’s Federal-aid highway funds The law must apply whenever such their enforcement of other impaired apportioned under sections 104(b)(1), activity is taking place in the passenger driving laws. (3), and (4) of title 23 of the United area of any motor vehicle, consistent To demonstrate that they are States Code, for the National Highway with the definitions of ‘‘motor vehicle’’ enforcing their laws under the System, Surface Transportation Program and ‘‘passenger area’’ that are included regulation, however, the interim rule and Interstate System, to the State’s in § 1270.3 of the regulation. indicated that States are required only
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State officials to determine the financial List of Subjects in 23 CFR Part 1270 requirements of 23 U.S.C. 154 and 23 CFR 1270.4, (citations to pertinent State statutes, and political ramifications of this Alcohol and alcoholic beverages, regulatory proposal. regulations, case law or other binding legal Grant programs—Transportation, requirements, including definitions, as The agencies do not believe that the Highway Safety. needed), and will become effective and be rule will result in an unfunded mandate In consideration of the foregoing, the enforced as of (effective date of the law). because the Section 154 program is interim final rule published in the * * * * * optional to the States. States may choose Federal Register of October 6, 1998, 63 4. Section 1270.6 is amended by to enact and enforce a conforming open FR 53580, is adopted as final, with the adding paragraph (c) to read as follows: container law and avoid the transfer of following changes: § 1270.6 Transfer of Funds. funds altogether. Alternatively, if States SUBCHAPTER DÐTRANSFER AND choose not to enact and enforce a SANCTION PROGRAMS * * * * * conforming law, funds will be (c) On October 1, the transfers to transferred, but no funds will be PART 1270ÐOPEN CONTAINER LAWS Section 402 apportionments will be withheld from any State. Moreover, the made based on proportionate amounts agencies do not believe that the 1. The authority citation for part 1270 continues to read as follows: from each of the apportionments under resulting cost to States from Sections 104(b)(1), (b)(3) and (b)(4). implementing conforming laws will be Authority: 23 U.S.C. 154; delegation of Then the State’s Department of over $100 million. Prior to the passage authority at 49 CFR 1.48 and 1.50. Transportation will be given until of TEA 21, many States already had § 1270.3 [Amended] October 30 to notify FHWA, through the enacted and were enforcing open appropriate Division Administrator, if container laws. Some of these States 2. Section 1270.3 is amended by they would like to change the have amended their laws to conform to revising paragraph (f) to read as follows: distribution among Section 104(b)(1), the new Section 154 requirements, but * * * * * (b)(3) and (b)(4). (f) Public highway or right-of-way of a such changes will not result in 5. Section 1270.7 is amended by expenditures of over $100 million. For public highway means the width between and immediately adjacent to redesignating paragraphs (c) through (f) States that did not previously have open as paragraphs (d) through (g) and by a container laws, the cost to enact such the boundary lines of every way publicly maintained when any part adding new paragraph (c) to read as laws will be minimal. There may be follows: some costs to provide training to law thereof is open to the use of the public enforcement or other officials or to for purposes of vehicular travel; § 1270.7 Use of Transferred Funds. educate the public about these changes, inclusion of the roadway and shoulders * * * * * is sufficient. but these costs are not likely to be (c) No later than 60 days after the significant. * * * * * funds are transferred under § 1270.6, the In the interim final rule, the agencies 3. Section 1270.5 is amended by Governor’s Representative for Highway recommended that States incorporate revising paragraph (b) to read as follows: Safety and the Secretary of the State’s Department of Transportation for each into their enforcement efforts activities § 1270.5 Certification Requirements. State shall jointly identify, in writing to designed to inform law enforcement (a) * * * officers, prosecutors, members of the the appropriate NHTSA Administrator (b) The certification shall be made by and FHWA Division Administrator, how judiciary and the public about their an appropriate State official, and it shall open container laws. In addition, the the funds will be programmed among provide that the State has enacted and alcohol-impaired driving programs, agencies advised States to take steps to is enforcing an open container law that integrate their open container hazard elimination programs and conforms to 23 U.S.C. 154 and § 1270.4 planning and administration costs. enforcement efforts into their of this part. enforcement of other impaired driving (1) If the State’s open container law is * * * * * laws. If States take these steps, the cost currently in effect and is being enforced, Issued on: August 16, 2000. to enforce such laws would likely be the certification shall be worded as Anthony R. Kane, absorbed into the State’s overall law follows: Executive Director, Federal Highway enforcement budget because the States (Name of certifying official), (position title), Administration. would not be required to conduct of the (State or Commonwealth) of lll, do L. Robert Shelton, separate enforcement efforts to enforce hereby certify that the (State or Executive Director, National Highway Traffic open container laws. Commonwealth) of lll, has enacted and Safety Administration. Accordingly, the agencies do not is enforcing a open container law that [FR Doc. 00–21564 Filed 8–23–00; 8:45 am] conforms to the requirements of 23 U.S.C. believe that it is necessary to prepare a BILLING CODE 4910±59±P 154 and 23 CFR 1270.4, (citations to written assessment of the costs and pertinent State statutes, regulations, case law benefits, or other effects of the rule. or other binding legal requirements, DEPARTMENT OF TRANSPORTATION Executive Order 13132 (Federalism) including definitions, as needed). (2) If the State’s open container law is Coast Guard This action has been analyzed in not currently in effect, but will become accordance with the principles and effective and be enforced by October 1 33 CFR Part 117 criteria contained in Executive Order of the following fiscal year, the 13132, and it has been determined that certification shall be worded as follows: this action does not have sufficient [CGD01±00±205] (Name of certifying official), (position federalism implications to warrant the title), of the (State or Commonwealth) of Drawbridge Operation Regulations: preparation of a federalism assessment. lll, do hereby certify that the (State or Harlem River, NY Accordingly, a Federalism Assessment Commonwealth) of lll, has enacted an has not been prepared. open container law that conforms to the AGENCY: Coast Guard, DOT.
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ACTION: Notice of temporary deviation DEPARTMENT OF TRANSPORTATION hazards associated with the fireworks from regulations. display. Coast Guard SUMMARY: The Commander, First Coast Background and Purpose Guard District, has issued a temporary 33 CFR Part 165 The Coast Guard is establishing a deviation from the drawbridge operation [CGD05±00±035] temporary safety zone for the 1812 regulations for the Third Avenue Bridge, Overture Fireworks Display to be held at mile 1.9, across the Harlem River in RIN 2115±AA97 on a deck barge in Chesapeake Bay New York City. This deviation from the adjacent to Fort Monroe, Hampton, Safety Zone; Chesapeake Bay, regulations allows the bridge owner to Virginia. The safety zone will restrict Hampton, VA. require at least a 48 hour advance notice vessel traffic on a portion of the for openings from 10 a.m. to 5 p.m., AGENCY: Coast Guard, DOT. Chesapeake Bay, within a 1000-foot daily, from August 4, 2000 through ACTION: Temporary final rule. radius of the fireworks deck barge, September 17, 2000. This action is located in approximate position necessary to facilitate manual operation SUMMARY: The Coast Guard is 37°00′03″N, 076°18′26″W (NAD 1983). of the bridge and electrical repairs at the establishing a temporary safety zone for The safety zone is necessary to protect bridge. the 1812 Overture Fireworks display to mariners and spectators from the DATES: This deviation is effective be held on a deck barge in Chesapeake hazards associated with the fireworks August 4, 2000, through September 17, Bay, adjacent to Fort Monroe, Hampton, display. 2000. Virginia. This action is intended to The safety zone is effective from 8 FOR FURTHER INFORMATION CONTACT: Joe restrict vessel traffic on Chesapeake Bay, p.m. until 9 p.m. on August 24, 2000. Arca, Project Officer, First Coast Guard within a 1000-foot radius of a fireworks Entry into this safety zone is prohibited District, at (212) 668–7165. laden barge. The safety zone is unless authorized by the Captain of the SUPPLEMENTARY INFORMATION: The Third necessary to protect mariners and Port Hampton Roads. Public Avenue Bridge, at mile 1.9, across the spectators from the hazards associated notifications will be made prior to the Harlem River has a vertical clearance of with the fireworks display. event via local notice to mariners and 25 feet at mean high water, and 30 feet DATES: This temporary final rule is marine information broadcasts. at mean low water in the closed effective from 8 p.m. until 9 p.m. on position. August 24, 2000. Regulatory Evaluation The existing operating regulations in ADDRESSES: USCG Marine Safety Office This temporary final rule is not a 33 CFR 117.789(a) require the bridge to Hampton Roads maintains the public ‘‘significant regulatory action’’ under open on signal from 10 a.m. to 5 p.m., docket for this rulemaking. Documents section 3(f) of Executive Order 12866 daily. indicated in this preamble as being and does not require an assessment of The bridge owner, the New York City available in this docket, will become potential costs and benefits under Department of Transportation, requested part of this docket and will be available section 6(a)(3) of that Order. The Office a temporary deviation from the for inspection or copying at the Marine of Management and Budget has not drawbridge operating regulations Safety Office, 200 Granby St., Norfolk, reviewed it under that Order. It is not because the electrical operating system VA, 23510 between 8 a.m. and 4 p.m., ‘‘significant’’ under the regulatory for the Third Avenue Bridge has failed Monday through Friday, except Federal policies and procedures of the and the bridge can be opened only by holidays. Department of Transportation (DOT)(44 manual operation. The bridge owner FOR FURTHER INFORMATION CONTACT: FR 11040; February 26, l979). needs at least a 48 hour advance notice Chief Petty Officer Roddy Corr, project We expect the economic impact of to facilitate the mobilization of officer, USCG Marine Safety Office this temporary final rule to be so equipment and personnel to open the Hampton Roads, telephone number minimal that a full Regulatory bridge manually during the time period (757) 441–3290. Evaluation under paragraph 10e of the the electrical operating system is being SUPPLEMENTARY INFORMATION: regulatory policies and procedures of repaired. DOT is unnecessary. This temporary This deviation to the operating Regulatory History final rule will only affect a limited area regulations allows the owner of the A Notice of Proposed Rulemaking for one hour and only affects the waters Third Avenue Bridge to require at least (NPRM) was not published for this of Chesapeake Bay adjacent to Fort a 48 hour advance notice for openings, regulation. In keeping with 5 U.S.C. 553, Monroe within a 1000-foot radius of the 10 a.m. to 5 p.m., August 4, 2000 the Coast Guard finds that good cause fireworks deck barge. Alternative routes through September 17, 2000. Vessels exists for not publishing a NPRM. In exist for maritime traffic, and advance that can pass under the bridge without keeping with the requirements of 5 notification via marine information an opening may do so at all times. U.S.C. 553(d)(3), the Coast Guard also broadcasts will enable mariners to plan In accordance with 33 CFR 117.35(c), finds good cause exists for making this their transit to avoid the safety zones. this work will be performed with all due regulation effective less than 30 days speed in order to return the bridge to Small Entities after publication in the Federal normal operation as soon as possible. Register. The Coast Guard received Under the Regulatory Flexibility Act This deviation from the operating confirmation of this request for a (5 U.S.C. 601 et seq.), we considered regulations is authorized under 33 CFR temporary safety zone on July 6, 2000. whether this rule would have a 117.35. There was insufficient time to publish a significant economic impact on a Dated: August 15, 2000. proposed rule in advance of the event. substantial number of small entities. G.N. Naccara, Publishing an NPRM and delaying the The term ‘‘small entities’’ comprises Rear Admiral, U.S. Coast Guard, Commander, effective date of the regulation would be small businesses, not-for-profit First Coast Guard District. contrary to the public interest, because organizations that are independently [FR Doc. 00–21567 Filed 8–23–00; 8:45 am] immediate action is necessary to protect owned and operated and are not BILLING CODE 4910±15±U the vessels and spectators from the dominant in their fields, and
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Collection of Information requirements, Security measures, DEPARTMENT OF AGRICULTURE Waterways. This proposal calls for no new Forest Service collection of information under the For reasons discussed in the Paperwork Reduction Act of 1995 (44 preamble, the Coast Guard amends 33 36 CFR Part 242 U.S.C. 3501–3520.). CFR part 165 as follows: Federalism DEPARTMENT OF THE INTERIOR PART 165ÐREGULATED NAVIGATION The Coast Guard analyzed this rule AREAS AND LIMITED ACCESS AREAS Fish and Wildlife Service under Executive Order 13132 and has determined that this rule does not have 1. The authority citation for part 165 50 CFR Part 100 federalism implications under that continues to read as follows: order. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Subsistence Management Regulations Unfunded Mandates Reform Act 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 for Public Lands in Alaska, Subpart D; CFR 1.46. Emergency Closures and The Unfunded Mandates Reform Act AdjustmentsÐKuskokwim Drainage, of 1995 (2 U.S.C. 1531–1538) governs 2. Add temporary § 165.T01–203 to Redoubt Lake, and Yukon Drainage the issuance of Federal regulations that read as follows: require unfunded mandates. An AGENCIES: Forest Service, USDA; Fish unfunded mandate is a regulation that § 165.T01±203 Safety Zone: McArdle and Wildlife Service, Interior. requires a State, local, or tribal Bridge, Chesea River, Chelsea, MA. ACTION: Emergency closures and government or the private sector to (a) Location. The following area is a adjustments. incur direct costs without the Federal safety zone: SUMMARY: Government’s having first provided the This provides notice of the funds to pay those unfunded mandate All waters of the Chelsea River 100 Federal Subsistence Board’s emergency costs. This rule will not impose an yards upstream and 100 yards closures and adjustments to protect unfunded mandate. downstream from the centerline of the chinook salmon escapement in the McArdle Bridge. Kuskokwim River drainage, chinook Taking of Private Property and summer chum salmon escapement (b) Effective dates. This rule is in the Yukon River drainage, and This rule will not effect a taking of effective Friday, August 11, 2000 private property or otherwise have sockeye salmon escapement in Redoubt through Friday, October 11, 2000. Lake. These closures and adjustments taking implications under E.O. 12630, During the effective dates, the channel Governmental Actions and Interference provide an exception to the Subsistence will be closed Monday through Management Regulations for Public with Constitutionally Protected Property Thursday from sunset to sunrise, and Rights. Lands in Alaska, published in the Friday at sunset until Monday at sunrise Federal Register on January 8, 1999. Civil Justice Reform each week. Monday through Friday Those regulations redefined the area This rule meets applicable standards from sunrise to sunset each day, the subject to the subsistence priority for in sections 3(a) and 3(b)(2) of E.O. channel will be open with construction rural residents of Alaska under Title VIII 12988, Civil Justice Reform, to minimize on-going. of the Alaska National Interest Lands litigation, eliminate ambiguity, and (c) Regulations. Conservation Act of 1980, and also reduce burden. established regulations for seasons, (1) Entry into or movement within harvest limits, methods, and means Protection of Children this zone is prohibited unless relating to the taking of fish and authorized by the Captain of The Port shellfish for subsistence uses during the We have analyzed this rule under E.O. Boston. 13045, Protection of Children from 2000 regulatory year. Environmental Health Risks and Safety (2) All persons and vessels shall DATES: The Kuskokwim River drainage Risks. This rule is not an economically comply with the instructions of the closure and restrictions are effective significant rule and does not pose an COTP or the designated on-scene U.S. July 10, 2000, through September 10, environmental risk to health or risk to Coast Guard patrol personnel. U.S. 2000. The Redoubt Lake closure is safety that may disproportionately affect Coast Guard patrol personnel include effective July 13, 2000, through August children. commissioned, warrant, and petty 31, 2000. The Yukon River drainage officers of the Coast Guard. restrictions are effective July 19, 2000, Environment through September 17, 2000. (3) The general regulations covering The Coast Guard considered the safety zones in § 165.23 of this part FOR FURTHER INFORMATION CONTACT: environmental impact of this final rule apply. Thomas H. Boyd, Office of Subsistence and concluded that under Figure 2–1, Management, U.S. Fish and Wildlife paragraph 34(g), of Commandant Dated: August 9, 2000. Service, telephone (907) 786–3888. For Instruction M16475.1C, this rule is M.E. Landry, questions specific to National Forest categorically excluded from further Commander, U.S. Coast Guard, Acting System lands, contact Ken Thompson, environmental documentation. A Captain of the Port, Boston, Massachusetts. Subsistence Program Manager, USDA— Categorical Exclusion Determination is [FR Doc. 00–21568 Filed 8–23–00; 8:45 am] Forest Service, Alaska Region, available in the docket for inspection or BILLING CODE 4910±15±U telephone (907) 786–3592. copying where indicated under SUPPLEMENTARY INFORMATION: ADDRESSES. Background List of Subjects in 33 CFR Part 165 Title VIII of the Alaska National Harbors, Marine safety, Navigation Interest Lands Conservation Act (water), Reporting and recordkeeping (ANILCA) (16 U.S.C. 3111–3126)
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Redoubt Lake wildlife on such lands for other in Sections 3(a) and 3(b)(2) of Executive Based on sockeye salmon returns to purposes, unless restriction is necessary Order 12988. Redoubt Lake, State and Federal to conserve healthy fish and wildlife In accordance with Executive Order managers project an escapement of populations. A Section 810 analysis was 13132, these emergency closures and 2,300 fish for the 2000 season. This completed as part of the FEIS process. adjustments do not have sufficient projection represents 6% of the average The final Section 810 analysis federalism implications to warrant the escapement of 36,000 sockeye during determination appeared in the April 6, preparation of a Federalism Assessment. the period 1989–1999. Since the 1992, ROD which concluded that the Title VIII of ANILCA precludes the State projected escapement is well below Federal Subsistence Management from exercising management authority desired levels for this system, the Program, under Alternative IV with an over wildlife resources on Federal system is being closed to provide for annual process for setting hunting and lands. spawning escapement needs. The fishing regulations, may have some local In accordance with the President’s Federal Subsistence Board on July 13 impacts on subsistence uses, but the memorandum of April 29, 1994, closed the Federal freshwater sockeye program is not likely to significantly ‘‘Government-to-Government Relations subsistence fishery at Redoubt Lake due restrict subsistence uses. with Native American Tribal Governments’’ (59 FR 22951) and 512 to the very low escapement numbers. Paperwork Reduction Act This action parallels ADF&G action that DM 2, we have evaluated possible closed both sport and subsistence These emergency closures and effects on Federally recognized Indian harvest for sockeye salmon in Redoubt adjustments do not contain information tribes and have determined that there Lake and Bay. collection requirements subject to Office are no effects. The Bureau of Indian The Board finds that additional public of Management and Budget (OMB) Affairs is a participating agency in this notice and comment requirements approval under the Paperwork rulemaking. under the Administrative Procedures Reduction Act of 1995. Drafting Information Act (APA) for these emergency closures Other Requirements William Knauer drafted this and adjustments are impracticable, document under the guidance of unnecessary, and contrary to the public These emergency closures and Thomas H. Boyd, of the Office of interest. Lack of appropriate and adjustments are not subject to OMB Subsistence Management, Alaska immediate conservation measures could review under Executive Order 12866. Regional Office, U.S. Fish and Wildlife seriously affect the continued viability The Regulatory Flexibility Act of 1980 Service, Anchorage, Alaska. Curt of fish populations, adversely impact (5 U.S.C. 601 et seq.) requires Wilson, Alaska State Office, Bureau of future subsistence opportunities for preparation of flexibility analyses for Land Management; Greg Bos, Alaska rural Alaskans, and would generally fail rules that will have a significant effect Regional Office, U.S. Fish and Wildlife to serve the overall public interest. on a substantial number of small Service; Sandy Rabinowitch, Alaska Therefore, the Board finds good cause entities, which include small Regional Office, National Park Service; pursuant to 5 U.S.C. 553(d) to waive businesses, organizations, or Ida Hildebrand, Alaska Regional Office, additional public notice and comment governmental jurisdictions. The Bureau of Indian Affairs; and Ken procedures prior to implementation of Departments determined that these Thompson, USDA-Forest Service, these actions. emergency closures and adjustments will not have a significant economic provided additional guidance. Conformance with Statutory and effect on a substantial number of small Authority: 16 U.S.C. 3, 472, 551, 668dd, Regulatory Authorities entities within the meaning of the 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. National Environmental Policy Act Regulatory Flexibility Act. 1733. Compliance These emergency closures and Dated: August 18, 2000. A Final Environmental Impact adjustments will impose no significant Kenneth E. Thompson, Statement (FEIS) was published on costs on small entities. Subsistence Program Leader, USDA-Forest February 28, 1992, and a Record of Title VIII of ANILCA requires the Service. Decision (ROD) signed April 6, 1992. Secretaries to administer a subsistence Thomas H. Boyd, The final rule for Subsistence preference on public lands. The scope of Acting Chair, Federal Subsistence Board. Management Regulations for Public this program is limited by definition to [FR Doc. 00–21613 Filed 8–23–00; 8:45 am] Lands in Alaska, Subparts A, B, and C certain public lands. Likewise, these BILLING CODE 3410±11±P; 4310±55±P (57 FR 22940–22964, published May 29, emergency closures and adjustments 1992) implemented the Federal have no potential takings of private Subsistence Management Program and property implications as defined by ENVIRONMENTAL PROTECTION included a framework for an annual Executive Order 12630. AGENCY cycle for subsistence hunting and The Service has determined and fishing regulations. A final rule that certifies pursuant to the Unfunded 40 CFR Part 180 Mandates Reform Act, 2 U.S.C. 1502 et redefined the jurisdiction of the Federal [OPP±301038; FRL±6738±1] Subsistence Management Program to seq., that these emergency closures and include waters subject to the adjustments will not impose a cost of RIN 2070±AB78 subsistence priority was published on $100 million or more in any given year DIMETHENAMID; PESTICIDE TOLERANCES January 8, 1999, (64 FR 1276.) on local or State governments or private entities. The implementation is by FOR EMERGENCY EXEMPTIONS Compliance with Section 810 of Federal agencies, and no cost is AGENCY: ANILCA Environmental Protection involved to any State or local entities or Agency (EPA). Tribal governments. The intent of all Federal subsistence ACTION: Final rule. regulations is to accord subsistence uses The Service has determined that these of fish and wildlife on public lands a emergency closures and adjustments SUMMARY: This regulation establishes priority over the taking of fish and meet the applicable standards provided time-limited tolerances for residues of
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TABLE 1.ÐSUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR DIMETHENAMID FOR USE IN HUMAN RISK ASSESSMENT
FQPA SF* and level of Exposure scenario Dose used in risk assess- concern for risk assess- Study and toxicological effects ment, UF ment
Acute dietary females 13±50 NOAEL = 215 mg/kg/day; FQPA SF = 10x; aPAD = Developmental toxicity, rat; LOAEL is 425 mg/ years of age UF = 100; Acute RfD = acute RfD ÷ FQPA SF = kg/day based on early resorption. 2.15 mg/kg/day 0.215 mg/kg/day
Acute Dietary general popu- NOAEL = 215 mg/kg/day; FQPA SF = 10x aPAD = Developmental toxicity, rat; LOAEL is 425 mg/ lation including infants and UF = 100; Acute RfD = acute RfD ÷ FQPA SF = kg/day based on early resorption. children 2.15 mg/kg/day 0.215 mg/kg/day
Chronic dietary all populations NOAEL = 5.1 mg/kg/day; FQPA SF = 10x; cPAD = Chronic rat study; LOAEL is 36 mg/kg/day UF = 100; Chronic RfD = chronic RfD ÷ FQPA SF (males) based on increased incidences of 0.05 mg/kg/day = 0.005 mg/kg/day non-neoplastic alterations in liver, parathyroid and stomach of males and ovary of females, as well as decreased food efficiency in fe- males.
Short-Term dermal (1 to 7 days) None None None (residential)
intermediate-Term dermal (1 None None None week to several months) (resi- dential)
long-Term dermal (several None None None months to lifetime) (residen- tial)
Short-Term Inhalation (1 to 7 None None None days) (residential)
intermediate-Term Inhalation (1 None None None week to several months) (resi- dential)
long-Term Inhalation (several None None None months to lifetime) (residen- tial)
Cancer (oral, dermal, inhalation) NOAEL = 5.1 mg/kg/day; Category ``C'' (possible Chronic rat study; increased tumor incidence UF = 100; Chronic RfD = human carcinogen) only in rats (not mice). Significant increasing 0.05 mg/kg/day dose-related trend in combined benign and/ or malignant liver tumor rates in males (not significant pair-wise comparison). In females, significantly increasing dose-related trend in ovarian adenomas (not significant pair-wise comparison). Incidence at 80 mg/kg/day (HDT) about twice the average of historical incidence. Quantitative cancer risk assess- ment not required. * The reference to the FQPA Safety Factor refers to any additional safety factor retained due to concerns unique to the FQPA.
B. Exposure Assessment residues of dimethenamid, in or on dry occupational exposure will result from beans, corn, sweet corn, peanuts, the use of dimethenamid. Risk 1. Dietary exposure from food and sorghum and soybeans. Currently, assessments were conducted by EPA to feed uses. Dimethenamid is registered dimethenamid is not registered on any assess dietary exposures from for use on various agricultural use sites which would result in non- dimethenamid in food as follows: commodities. Tolerances have been dietary, non-occupational exposure. i. Acute exposure. Acute dietary risk established (40 CFR 180.464) for the Therefore, EPA expects only dietary and assessments are performed for a food-
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TABLE 2.Ð AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO DIMETHENAMID
Surface Ground Acute Population subgroup aPAD (mg/ % aPAD (Food) water EEC water EEC DWLOC kg) (ppb) (ppb) (ppb)
U.S. Population 0.215 Less than 1% 65.5 0.412 7,500 Females (13±19 years old) 0.215 Less than 1% 65.5 0.412 6,500 All Infants 0.215 Less than 1% 65.5 0.412 2,200
2. Chronic risk. Using the exposure and 1% of the cPAD for children 1–6 them to conservative model estimated assumptions described in this unit for years old (the most highly exposed environmental concentrations of chronic exposure, EPA has concluded children subpopulation). There are no dimethenamid in surface and ground that exposure to dimethenamid from registered residential uses for water. EPA does not expect the food will utilize less than 1% of the dimethenamid. In addition, despite the aggregate exposure to exceed 100% of cPAD for the U.S. population, 2% of the potential for chronic dietary exposure to the cPAD, as shown in the following cPAD for non-nursing infants (the most dimethenamid in drinking water, after Table 3. highly exposed infant subpopulation) calculating the DWLOCs and comparing
TABLE 3.Ð AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO DIMETHENAMID
Surface Ground Chronic Population subgroup cPAD mg/ % cPAD (Food) water EEC Water EEC DWLOC kg/day (ppb) (ppb) (ppb)
U.S. population 0.005 Less than 1% 17 0.412 180 Non-Nursing infants 0.005 2% 17 0.412 50 Children, 1±6 years old 0.005 1% 17 0.412 49
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3. Short-term risk. Short-term limits for dimethenamid in/on onions, CFR 178.27). Information submitted in aggregate exposure takes into account dry bulb and sugar beet, tops and sugar connection with an objection or hearing residential exposure plus chronic beet, roots. request may be claimed confidential by exposure to food and water (considered marking any part or all of that C. Conditions to be a background exposure level). information as CBI. Information so Dimethenamid is not registered for use A 30–day pre-harvest interval will be marked will not be disclosed except in on any sites that would result in observed for dry bulb onions. No pre- accordance with procedures set forth in residential exposure. Therefore, the harvest interval is required for sugar 40 CFR part 2. A copy of the aggregate risk is the sum of the risk from beets due to the timing of the information that does not contain CBI food and water, which were previously applications. must be submitted for inclusion in the addressed. VI. Conclusion public record. Information not marked 4. Intermediate-term risk. confidential may be disclosed publicly intermediate-term aggregate exposure Therefore, the tolerance is established by EPA without prior notice. takes into account non-dietary, non- for residues of dimethenamid, 2-chloro- Mail your written request to: Office of occupational exposure plus chronic N-[(1-methyl-2-methoxy)ethyl]-N-(2,4- the Hearing Clerk (1900), Environmental exposure to food and water (considered dimethylthien-3-yl)-acetamide, in or on Protection Agency, 1200 Pennsylvania to be a background exposure level). dry bulb onions at 0.01 ppm, sugar beets Ave., NW., Washington, DC 20460. You Dimethenamid is not registered for use roots and tops at 0.01 ppm and sugar may also deliver your request to the on any sites that would result in beet dry pulp and molasses at 0.05 ppm. Office of the Hearing Clerk in Rm. C400, residential exposure. Therefore, the VII. Objections and Hearing Requests Waterside Mall, 401 M St.,SW., aggregate risk is the sum of the risk from Washington, DC 20460. The Office of Under section 408(g) of the FFDCA, as food and water, which were previously the Hearing Clerk is open from 8 a.m. amended by the FQPA, any person may addressed. to 4 p.m., Monday through Friday, file an objection to any aspect of this 5. Aggregate cancer risk for U.S. excluding legal holidays. The telephone regulation and may also request a population. Dimethenamid has been number for the Office of the Hearing hearing on those objections. The EPA classified as a Category ‘‘C’’ (possible Clerk is (202) 260–4865. procedural regulations which govern the human carcinogen). Based on increased 2. Tolerance fee payment. If you file submission of objections and requests tumor incidence only in rats (not mice). an objection or request a hearing, you for hearings appear in 40 CFR part 178. The Agency determined that a must also pay the fee prescribed by 40 Although the procedures in those quantitative cancer risk assessment is CFR 180.33(i) or request a waiver of that regulations require some modification to not required. The RfD approach was fee pursuant to 40 CFR 180.33(m). You reflect the amendments made to the used to estimate cancer risk. Therefore, must mail the fee to: EPA Headquarters FFDCA by the FQPA of 1996, EPA will the chronic (non-cancer) risk Accounting Operations Branch, Office continue to use those procedures, with assessment, which was previously of Pesticide Programs, P.O. Box appropriate adjustments, until the addressed, is adequately protective for 360277M, Pittsburgh, PA 15251. Please necessary modifications can be made. identify the fee submission by labeling cancer risk as well as other chronic The new section 408(g) provides it ‘‘Tolerance Petition Fees.’’ effects. essentially the same process for persons EPA is authorized to waive any fee 6. Determination of safety. Based on to ‘‘object’’ to a regulation for an requirement ‘‘when in the judgement of these risk assessments, EPA concludes exemption from the requirementof a the Administrator such a waiver or that there is a reasonable certainty that tolerance issued by EPA under new refund is equitable and not contrary to no harm will result to the general section 408(d), as was provided in the the purpose of this subsection.’’ For population,and to infants and children old FFDCA sections 408 and 409. additional information regarding the from aggregate exposure to However, the period for filing objections waiver of these fees, you may contact dimethenamid residues. is now 60 days, rather than 30 days. James Tompkins by phone at (703) 305– V. Other Considerations 5697, by e-mail at A. What Do I Need to Do to File an [email protected], or by mailing a A. Analytical Enforcement Methodology Objection or Request a Hearing? request for information to Mr. Tompkins Adequate analytical methodology is You must file your objection or at Registration Division (7505C), Office available to enforce the tolerance request a hearing on this regulation in of Pesticide Programs, Environmental expression. Nitrogen Phosphorus accordance with the instructions Protection Agency, 1200 Pennsylvania Detection-Gas Liquid Chromatography provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460. (NPD-GLC) method (AM–0884–0193–1) 178. To ensure proper receipt by EPA, If you would like to request a waiver has been submitted (7/89) for you must identify docket control of the tolerance objection fees, you must publication in the Pesticide Analytical number OPP–301038 in the subject line mail your request for such a waiver to: Manual, Volume II, to enforce tolerances on the first page of your submission. All James Hollins, Information Resources for residues of dimethenamid in/on requests must be in writing, and must be and Services Division (7502C), Office of plant and soil samples. The method may mailed or delivered to the Hearing Clerk Pesticide Programs, Environmental be requested from: Calvin Furlow, on or before October 23, 2000. Protection Agency, 1200 Pennsylvania PRRIB, IRSD (7502C), Office of Pesticide 1. Filing the request. Your objection Ave., NW., Washington, DC 20460. Programs, Environmental Protection must specify the specific provisions in 3. Copies for the Docket. In addition Agency, 1200 Pennsylvania Ave., NW, the regulation that you object to, and the to filing an objection or hearing request Washington, DC 20460; telephone grounds for the objections (40 CFR with the Hearing Clerk as described in number: (703) 305–5229; e-mail address: 178.25). If a hearing is requested, the Unit VII.A., you should also send a copy [email protected]. objections must include a statement of of your request to the PIRIB for its the factual issues(s) on which a hearing inclusion in the official record that is B. International Residue Limits is requested, the requestor’s contentions described in Unit I.B.2. Mail your There are no established Codex, on such issues, and a summary of any copies, identified by the docket control Mexican, or Canadian maximum residue evidence relied upon by the objector (40 number OPP–301038, to: Public
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Information and Records Integrity Agency action under Executive Order States prior to publication of this final Branch, Information Resources and 13045, entitled Protection of Children rule in the Federal Register This final Services Division (7502C), Office of from Environmental Health Risks and rule is not a ‘‘major rule’’ as defined by Pesticide Programs, Environmental Safety Risks (62 FR 19885, April 23, 5 U.S.C. 804(2). Protection Agency, 1200 Pennsylvania 1997). This action does not involve any Ave., NW., Washington, DC 20460. In technical standards that would require List of Subjects in 40 CFR Part 180 person or by courier, bring a copy to the Agency consideration of voluntary Environmental protection, location of the PIRIB described in Unit consensus standards pursuant to section Administrative practice and procedure, I.B.2. You may also send an electronic 12(d) of the National Technology Agricultural commodities, Pesticides copy of your request via e-mail to: opp- Transfer and Advancement Act of 1995 and pests, Reporting and recordkeeping [email protected]. Please use an ASCII (NTTAA), Public Law 104–113, section requirements. file format and avoid the use of special 12(d) (15 U.S.C. 272 note). Since characters and any form of encryption. tolerances and exemptions that are August 15, 2000. Copies of electronic objections and established on the basis of a FIFRA Peter Caulkins, hearing requests will also be accepted section 18 exemption under FFDCA Acting Director, Registration Division, Office on disks in WordPerfect 6.1/8.0 file section 408, such as the tolerances in of Pesticide Programs. format or ASCII file format. Do not this final rule, do not require the include any CBI in your electronic copy. issuance of a proposed rule, the Therefore, 40 CFR chapter I is You may also submit an electronic copy requirements of the Regulatory amended as follows: of your request at many Federal Flexibility Act (RFA) (5 U.S.C. 601 et PART 180Ð [AMENDED] Depository Libraries. seq.) do not apply. In addition, the Agency has determined that this action B. When Will the Agency Grant a will not have a substantial direct effect 1. The authority citation for part 180 Request for a Hearing? on States, on the relationship between continues to read as follows: A request for a hearing will be granted the national government and the States, Authority: 21 U.S.C. 321(q), (346a) and if the Administrator determines that the or on the distribution of power and 371. material submitted shows the following: responsibilities among the various There is a genuine and substantial issue levels of government, as specified in 2. Section 180.464 is revised to read of fact; there is a reasonable possibility Executive Order 13132, entitled as follows: that available evidence identified by the Federalism, August 10, 1999 (64 FR requestor would, if established resolve 43255). Executive Order 13132 requires § 180.464 Dimethenamid, 2-chloro-N-[(1- one or more of such issues in favor of EPA to develop an accountable process methyl-2-methoxy)ethyl]-N-(2,4- dimethylthien-3-yl)-acetamide the requestor, taking into account to ensure ‘‘meaningful and timely input uncontested claims or facts to the by State and local officials in the (a) General. Tolerances are contrary; and resolution of the factual development of regulatory policies that established for residues of the herbicide issues(s) in the manner sought by the have federalism implications.’’ ‘‘Policies dimethenamid, 1(R,S)-2-chloro-N-[(1- requestor would be adequate to justify that have federalism implications’’ is methyl-2-methoxy)ethyl]-N-(2,4- the action requested (40 CFR 178.32). defined in the Executive Order to dimethylthien-3-yl)-acetamide in or on VIII. Regulatory Assessment include regulations that have the following food commodities: Requirements ‘‘substantial direct effects on the States, on the relationship between the national This final rule establishes time government and the States, or on the limited tolerances under FFDCA section distribution of power and Parts per 408. The Office of Management and responsibilities among the various Commodity million Budget (OMB) has exempted these types levels of government.’’ This final rule of actions from review under Executive directly regulates growers, food Beans, dry ...... 0.01 Order 12866, entitled Regulatory processors, food handlers and food Corn, fodder ...... 0.01 Planning and Review (58 FR 51735, retailers, not States. This action does not Corn, forage ...... 0.01 October 4, 1993). This final rule does alter the relationships or distribution of Corn, grain ...... 0.01 not contain any information collections power and responsibilities established Corn, sweet, fodder (stover) ..... 0.01 subject to OMB approval under the by Congress in the preemption Corn, sweet, forage ...... 0.01 Paperwork Reduction Act (PRA), 44 provisions of FFDCA section 408(n)(4). Corn, sweet (kernels plus cobs U.S.C. 3501 et seq., or impose any with husks removed) ...... 0.01 enforceable duty or contain any IX. Submission to Congress and the Peanut, hay ...... 0.01 unfunded mandate as described under Comptroller General Peanut, nutmeat ...... 0.01 Title II of the Unfunded Mandates The Congressional Review Act, 5 Sorghum, grain, fodder ...... 0.01 Reform Act of 1995 (UMRA) (Public U.S.C. 801 et seq., as added by the Small Sorghum, grain, forage ...... 0.01 Law 104–4). Nor does it require any Business Regulatory Enforcement Sorghum, grain ...... 0.01 prior consultation as specified by Fairness Act of 1996, generally provides Soybeans ...... 0.01 Executive Order 13084, entitled that before a rule may take effect, the Consultation and Coordination with agency promulgating the rule must (b) Section 18 emergency exemptions. Indian Tribal Governments (63 FR submit a rule report, which includes a Time-limited tolerances are established 27655, May 19, 1998); special copy of the rule, to each House of the for residues of the herbicide considerations as required by Executive Congress and to the Comptroller General dimethenamid in connection with the Order 12898, entitled Federal Actions to of the United States. EPA will submit a use of the pesticide under section 18 Address Environmental Justice in report containing this rule and other emergency exemptions granted by EPA. Minority Populations and Low-Income required information to the U.S. Senate, These tolerances will expire and are Populations (59 FR 7629, February 16, the U.S. House of Representatives, and revoked on the dates specified in the 1994); or require OMB review or any the Comptroller General of the United following table.
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Commission decision is available for ADDRESSES: Federal Communications inspection and copying during normal Commission, Washington, D.C. 20554. Commodity Parts per Expiration/rev- business hours in the FCC’s Reference FOR FURTHER INFORMATION CONTACT: million ocation date Information Center at Portals II, CY– Kathleen Scheuerle, Mass Media A257, 445 12th Street, SW, Washington, Beet, sugar ... 0.01 12/31/02 Bureau, (202) 418–2180. Beet, sugar, DC. The complete text of this decision SUPPLEMENTARY INFORMATION: This is a dried pulp .. 0.05 12/31/02 may also be purchased from the summary of the Commission’s Report Beet, sugar, Commission’s copy contractors, and Order, adopted August 2, 2000, and molasses ... 0.05 12/31/02 International Transcription Service, released August 11, 2000. The full text Beet, sugar, Inc., (202) 857–3800, located at 1231 of this Commission decision is available tops ...... 0.01 12/31/02 20th Street, NW., Washington, DC for inspection and copying during Onion, dry 20036. bulb ...... 0.01 12/31/02 normal business hours in the List of Subjects in 47 CFR Part 73 Commission’s Reference Center, 445 (c) Tolerances with regional Radio broadcasting. 12th Street, SW, Washington, D.C. The registrations. [Reserved] complete text of this decision may also Part 73 of Title 47 of the Code of be purchased from the Commission’s (d) Indirect or inadvertent residues. Federal Regulations is amended as [Reserved] copy contractors, International follows: Transcription Service, Inc., 1231 20th [FR Doc. 00–21672 Filed 8–23–00; 8:45 am] PART 73Ð[AMENDED] Street, NW, Washington, DC. 20036, BILLING CODE 6560±50±S (202) 857–3800, facsimile (202) 857– 1. The authority citation for Part 73 3805. continues to read as follows: FEDERAL COMMUNICATIONS List of Subjects in 47 CFR Part 73 Authority: 47 U.S.C. 154, 303, 334, 336. COMMISSION Radio broadcasting. § 73.202 [Amended] Part 73 of title 47 of the Code of 47 CFR Part 73 2. Section 73.202(b), the Table of FM Federal Regulations is amended as [DA 00±1754; MM Docket No. 98±99; RM± Allotments under Wyoming, is amended follows: 9283 and RM±9695] by adding Shoshoni, Channels 290C and PART 73Ð[AMENDED] 244A, and Dubois, Channel 231A. Radio Broadcasting Services; Shoshoni and Dubois, Wyoming Federal Communications Commission. 1. The authority citation for part 73 John A. Karousos, continues to read as follows: AGENCY: Federal Communications Chief, Allocations Branch, Policy and Rules Authority: 47 U.S.C. 154, 303, 334 and 336. Commission. Division, Mass Media Bureau. ACTION: Final rule. [FR Doc. 00–21575 Filed 8–23–00; 8:45 am] § 73.202 [Amended] SUMMARY: In response to a Notice of BILLING CODE 6712±01±P 2. Section 73.202(b), the Table of FM Proposed Rule Making, 63 FR 36199 Allotments under California, is (July 2, 1998), this document allots amended by removing Channel 253B FEDERAL COMMUNICATIONS Channels 290C and 244A to Shoshoni, and adding Channel 253B1 at Delano COMMISSION Wyoming as the community’s first and and by removing Channel 237B1 and adding Channel 237B at Fort Bragg. second local transmission services. The 47 CFR Part 73 coordinates for those channels are 43– 3. Section 73.202(b), the Table of FM 14–06 North Latitude and 108–06–36 Radio Broadcasting Services; Various Allotments under Colorado, is amended West Longitude. This document also Locations by removing Channel 288A and adding allots Channel 231A to Dubois, Channel 289C3 at Sterling. AGENCY: Wyoming as that community’s first local Federal Communications 4. Section 73.202(b), the Table of FM service. The coordinates for Channel Commission. Allotments under Georgia, is amended 231A are 43–32–36 North Latitude and ACTION: Final rule. by removing Channel 235C and adding 109–37–48 West Longitude. Channel 235C1 at Atlanta. SUMMARY: The Commission, on its own DATES: Effective September 18, 2000. motion, editorially amends the Table of 5. Section 73.202(b), the Table of FM Filing windows for channels 290C and FM Allotments to specify the actual Allotments under Idaho, is amended by 244A at Shoshoni and Channel 231A at classes of channels allotted to various removing Channel 271A and adding Dubois will not be opened at this time. communities. The changes in channel Channel 271C1 at Driggs and by Instead, the issue of opening a filing classifications have been authorized in removing Channel 296A and adding window for those channels will be response to applications filed by Channel 296C1 at Idaho Falls. addressed by the Commission in a licensees and permittees operating on 6. Section 73.202(b), the Table of FM subsequent Order. these channels. This action is taken Allotments under Illinois, is amended ADDRESSES: Federal Communications pursuant to Revision of Section by removing Channel 236A and adding Commission, Washington, DC 20554. 73.3573(a)(1) of the Commission’s Rules Channel 236B1 at Carterville. FOR FURTHER INFORMATION CONTACT: R. Concerning the Lower Classification of 7. Section 73.202(b), the Table of FM Barthen Gorman, Mass Media Bureau, an FM Allotment, 4 FCC Rcd 2413 Allotments under Kansas, is amended (202) 418–2180. (1989), and the Amendment of the by removing Channel 265A and adding SUPPLEMENTARY INFORMATION: This is a Commission’s Rules to permit FM Channel 265C3 at Clay Center. synopsis of the Commission’s Report Channel and Class Modifications 8. Section 73.202(b), the Table of FM and Order, MM Docket No. 98–99, [Upgrades] by Applications, 8 FCC Rcd Allotments under Kentucky, is amended adopted July 26, 2000, and released 4735 (1993). by removing Channel 221C3 and adding August 4, 2000. The full text of this DATES: Effective August 24, 2000. Channel 221C2 at Carlisle and by
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In response to these concerns, the Harvests by pot and hook-and-line Whereas Amendment 64 establishes Council initiated an analysis at its April catcher vessels less than 60 ft LOA will allocations for different sectors of the 1999 meeting of the effects of splitting accrue against the 1.4-percent allocation fixed-gear fishery, upcoming the fixed gear allocation of Pacific cod only after pot vessels and hook-and-line Amendment 67 would limit the in the BSAI among hook-and-line catcher vessels harvest the respective participants to those who meet certain catcher/processor vessels, hook-and-line 18.3 percent and 0.3 percent allocations. historical criteria. Prior to the expiration catcher vessels, and catcher vessels and Managing the allocations in this manner date, the Council intends to reconsider catcher/processors using pot gear. At its will ensure that cod is available to the the issue in light of other proposed June 1999 meeting, the Council smaller catcher vessels even after the changes impending for the BSAI Pacific reviewed the analysis and drafted the larger vessels in their gear sector have cod groundfish fisheries, including following problem statement to guide taken their allocation. Nevertheless, if proposed gear or species endorsements further analysis of alternatives for the pot gear fishery lasts longer than the on permits issued under the license Amendment 64: hook-and-line fishery, then the small limitation program. The hook-and-line and pot fisheries for hook-and-line catcher vessels could In adopting Amendment 64, the Pacific cod in the Bering Sea/Aleutian begin (and possibly finish) harvesting Council recognized that a separate Islands are fully utilized. Competition for the 1.4-percent allocation before catcher regulatory amendment would be needed this resource has increased for a variety of vessels under 60 ft LOA using pot gear to apportion the 900 mt Pacific halibut reasons, including increased market value of have an opportunity to harvest any of prohibited species mortality limit cod products and a declining acceptable the 1.4-percent allocation set aside for established for nontrawl gear in biological catch and total allowable catch. regulations at § 679.21(e)(2) among Longline and pot fishermen who have made smaller catcher vessels. significant long-term investments, have long Because a sector of the BSAI Pacific catcher vessels and catcher/processor catch histories, and are significantly cod fishery may not be able to harvest vessels fishing for Pacific cod using dependent on the BSAI cod fisheries need its entire allocation in a year due to hook-and-line gear. Current regulations protection from others who have little or halibut bycatch constraints or, in the authorize only a separate Pacific halibut limited history and wish to increase their case of the jig fishery, insufficient effort bycatch allowance to the ‘‘Pacific cod participation in the fishery. This requires in the fishery, the Council also provided hook-and-line fishery’’ defined at § prompt action to promote stability in the direction on how projected unharvested 679.21(e)(4)(ii)(A). Thus, catcher/ BSAI fixed gear cod fishery until amounts of a gear’s directed fishing processor vessels using hook-and-line comprehensive rationalization is completed. allowance may be transferred to a gear to fish for Pacific cod could attain The subsequent analysis reviewed, in different user group. Unharvested amounts of halibut bycatch mortality addition to the status quo, alternatives amounts (roll-overs) from the jig or that would result in prohibition of for separate Pacific cod allocations for trawl gear allocations will be directed fishing for Pacific cod by all the different hook-and-line and pot gear apportioned between catcher-processors vessels using hook-and-line gear, users that approximate their historical using hook-and-line gear and vessels including catcher vessels using this gear catches over the past 4 years. The equal to or greater than 60 ft LOA using type under a separate Pacific cod options analyzed determined those pot gear according to the actual harvest directed fishing allowance. percentages based on catch histories of roll-overs by these two sectors during To respond to this concern, the from (1) 1996 and 1997, (2) 1997 and the 3-year period from 1996 to 1998. Council has requested staff to develop 1998, (3) 1996 through 1998, and (4) Projections based on information in the an analysis of regulatory measures that 1995 through 1998. In general, the analysis for this action indicate that 94.7 would authorize further allocation of allocations that would result from these percent of the cod will be allocated to the Pacific halibut mortality limits options ranged between 80 and 85 the hook-and-line catcher-processor among vessels using hook-and-line or percent to hook-and-line vessels and fleet and the remaining 5.3 percent to pot gear. If the Council adopts such between 15 and 20 percent to pot the pot fleet. In addition, any amounts regulatory measures in the future, a vessels. of Pacific cod annually allocated to proposed rule a proposed rule would be At its October 1999 meeting, the catcher vessels using hook-and-line gear published for public review and Council adopted Amendment 64 to set or to vessels less than 60 ft LOA that are comment. Pacific cod directed fishing allowances projected to remain unharvested will be Incidental Catch Allowance (ICA) for the different hook-and-line and pot rolled over to the hook-and-line catcher- gear users (sectors) in the following processor fleet in September. Pacific cod also are taken incidentally percentages: Hook-and-line catcher/ The Pacific cod directed fishing in directed fisheries using hook-and-line processor vessels, 80 percent; hook-and- allowances established by Amendment or pot gear for other species. To the line catcher vessels, 0.3 percent; pot 64 for the different fixed gear sectors extent practicable, NMFS credits this gear vessels, 18.3 percent; and hook- terminate on December 31, 2003. incidental harvest against the TAC to and-line or pot catcher vessels less than Continuing the allocation percentages of ensure that Pacific cod are not 60 ft LOA, 1.4 percent. These Pacific cod set forth in Amendment 64 overharvested. This final rule requires percentages represent divisions of the or changing them after that date will the Regional Administrator of NMFS, hook-and-line or pot gear TAC after a require Council adoption and NMFS’ Alaska Region, to annually establish an deduction of estimated incidental catch approval of a new FMP amendment. In incidental catch allowance for Pacific of Pacific cod in other groundfish hook- adopting an expiration date for the cod taken in other directed hook-and- and-line or pot gear fisheries. proposed amendment, the Council line and pot fisheries for groundfish. Amendment 64 requires that specific reasoned that 3 years would be The incidental catch allowance will be provisions for the accounting of these sufficient time to evaluate the impact of deducted from the overall hook-and-line directed fishing allowances and the this action in light of other impending or pot gear allocation of the Pacific cod transfer of unharvested amounts of these changes for the BSAI fixed-gear fishery, TAC before that allocation is divided allowances to other vessels using hook- such as upcoming Amendment 67 to among the different hook-and-line and and-line or pot gear be set forth in require Pacific cod and gear pot gear user groups. regulations. This final rule sets forth endorsements on permits issued under The incidental catch of Pacific cod these provisions. the License Limitation Program (LLP). occurs in non-groundfish fisheries such
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TABLE 1.ÐYEAR 2000 GEAR SHARES AND SEASONAL APPORTIONMENTS OF THE BSAI PACIFIC COD HOOK-AND-LINE AND POT GEAR ALLOCATION
2 Harvest (mt) Adjusted Seasonal apportionment Gear Sector Percent Share (mt) as of 7/13/ 1 2000 Share (mt) Date Amount (mt)
Hook-and-Line Catcher-Processors 80 72,438 40,433 70,558 Jan 1-Apr 30 ..... 50,237 May 1-Aug 31 ... --- Sept 1-Dec 31 .. 20,321 Hook-and-Line Catcher-Vessels 0.3 272 318 -- Jan 1-Dec 31 .... 272 Pot Gear Vessels 18.3 16,570 18,442 -- Jan 1-Dec 31 .... 16,570 Catcher Vessels under 60 feet LOA using 1.4 1,268 ...... 1,230 Jan 1-Dec 31 .... 1,230 Hook-and-line or Pot Gear
Sub-total ...... 100 90,548 ...... 90,548
Incidental Catch Allowance ...... 500 ...... 500 Total hook-and-line and pot gear alloca- ...... 91,048 ...... 91,048 tion of Pacific cod TAC 1 Shares are adjusted proportionately to account for overages by the hook-and-line catcher vessel and pot gear sectors. 2 Any unused portion of the first seasonal Pacific cod allowance specified for catcher/processors using hook-and-line fishery will be reappor- tioned to the third seasonal allowance.
Response to Comments this action and should, therefore, be the ‘‘universe of small entities’’ potentially NMFS received a total of 14 letters of sole focus of any measures to mitigate impacted by the action. comment, all of which are summarized this action’s impact on small entities. (4) The EA/RIR/IRFA for Amendment 64 and responded to in this section. Of the Amendment 64 does not adhere to the presented alternatives with different total, the 11 letters that support the conservation and community goals of percentage allocations, each of which amendment and make essentially the the Magnson-Stevens Act, as required represented tradeoffs in terms of same comment are summarized under by national standard 4 (allocations shall impacts. Some small entities may be comment 1. Of the three letters be fair and equitable), national standard negatively impacted, and others opposing the amendment, the two 5 (conservation and management positively impacted. Amendment 64, signed by a single author, make the measures shall consider efficiency, but the Council’s preferred alternative, same objections to the amendment and not have economic allocation as their represents the Council’s deliberate are summarized under comment 2; the sole purpose), and national standard 8 intent to minimize impacts on small third letter is summarized under (conservation and management entities by allocating more cod to comment 3. measures shall provide for the sustained catcher vessels delivering to shore-based Comment 1. Amendment 64 is participation of fishing communities processors than they have historically necessary to the stability and overall and minimize adverse impacts on such harvested. That allocation will tend to rationalization of the fixed gear Pacific communities). benefit small entities. Conversely, the cod fishery in the BSAI, especially with Response. Section 603(b)(3) of the freezer longline fleet, with the highest the likely increase of fishing effort by RFA requires that an IRFA contain ‘‘a percentage of large entities, will receive vessels formerly targeting crab. All description of and, where feasible, an a smaller allocation to balance the comment writers encourage prompt estimate of the number of small increase given to small entities. implementation of the amendment, and entities’’ to which an action will apply. Amendment 64 is consistent with all six letters explicitly entreat NMFS to The IRFA and supplemental IRFA for the national standards, including 4, 5, implement the amendment by Amendment 64 contain such a and 8 under the Magnson-Stevens Act. September 1. description and a reasonable estimate of National standard 4 requires that Response. NMFS agrees and is the number of affected small entities, as expediting implementation of the conservation and management measures defined by the RFA (see Classification amendment. not discriminate between residents of for a summary of the IRFA and the Comment 2. Amendment 64 and its different states and that allocations be estimated numbers of affected small implementing rule are opposed for the fair and equitable, be reasonably entities). following four reasons: (1) The Initial calculated to promote conservation, and Regulatory Flexibility Analysis (IRFA) For purposes of the RFA, a small implemented in such a manner that no for Amendment 64 does not satisfy the entity is defined as a business that is entity receive an excessive share of requirements of the Regulatory independently owned and operated, is fishing privileges. The allocations in Flexibility Act (RFA) because the IRFA not dominant in its field of operation, Amendment 64 are made based on gear estimates the number of small entities and has combined annual receipts not sectors and do not result in the impacted by this action, rather than in excess of $3 million. The IRFA acquisition of any particular share of the specifying their exact number. (2) identifies such entities in the BSAI fixed privilege by any individual entity. Because the exact number of affected gear Pacific cod fishery, many of which These allocations reflect historical small entities is unknown, NMFS could are not pot vessels. Construing pot gear shares of the Pacific cod annually not adequately consider measures that vessels alone as the entire ‘‘universe’’ of harvested by vessels using hook-and- would minimize any impacts on small affected small entities would fail to line or pot gear. As such, NMFS believes entities. (3) For purposes of the RFA, satisfy the agency’s requirements under that these allocations reflect historical pot vessels constitute the ‘‘universe of the RFA. Those requirements are met by participation in the fishery, promote small entities’’ potentially impacted by considering all small entities as the stability within the Pacific cod fishery,
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Proposed Rules Federal Register Vol. 65, No. 165
Thursday, August 24, 2000
This section of the FEDERAL REGISTER subject line and need not be submitted submitted in response to this notice contains notices to the public of the proposed in triplicate. Comments sent via the must submit a self-addressed, stamped issuance of rules and regulations. The Internet as attached electronic files must postcard on which the following purpose of these notices is to give interested be formatted in Microsoft Word 97 for statement is made: ‘‘Comments to persons an opportunity to participate in the Windows or ASCII text. Docket Number 2000–NM–227–AD.’’ rule making prior to the adoption of the final The service information referenced in rules. The postcard will be date stamped and the proposed rule may be obtained from returned to the commenter. Airbus Industrie, 1 Rond Point Maurice Availability of NPRMs DEPARTMENT OF TRANSPORTATION Bellonte, 31707 Blagnac Cedex, France. This information may be examined at Any person may obtain a copy of this Federal Aviation Administration the FAA, Transport Airplane NPRM by submitting a request to the Directorate, 1601 Lind Avenue, SW., FAA, Transport Airplane Directorate, 14 CFR Part 39 Renton, Washington. ANM–114, Attention: Rules Docket No. FOR FURTHER INFORMATION CONTACT: 2000–NM–227–AD, 1601 Lind Avenue, [Docket No. 2000±NM±227±AD] Norman B. Martenson, Manager, SW., Renton, Washington 98055–4056. RIN 2120±AA64 International Branch, ANM–116, FAA, Discussion Transport Airplane Directorate, 1601 Airworthiness Directives; Airbus Model Lind Avenue, SW., Renton, Washington The FAA has received numerous A319, A320, and A321 Series Airplanes 98055–4056; telephone (425) 227–2110; reports of severe electrical arcing of the fax (425) 227–1149. fuel boost pump wires located under the AGENCY: Federal Aviation wings on Airbus Model A319, A320, SUPPLEMENTARY INFORMATION: Administration, DOT. and A321 series airplanes. In many ACTION: Notice of proposed rulemaking Comments Invited cases, the wing skin was damaged by (NPRM). Interested persons are invited to the arcing, and, in one case, participate in the making of the approximately two-thirds of the SUMMARY: This document proposes the proposed rule by submitting such thickness of the wing skin had been adoption of a new airworthiness written data, views, or arguments as eroded. The exact cause of the arcing is directive (AD) that is applicable to all they may desire. Communications shall unknown, although reports have Airbus Model A319, A320, and A321 identify the Rules Docket number and indicated that the wires could have been series airplanes. This proposal would be submitted in triplicate to the address damaged from being pinched by the require a revision to the Airplane Flight specified above. All communications wing fairing during installation and/or Manual; inspection to detect damage of received on or before the closing date chafed in service from vibration. Such the wiring and adjacent structure along for comments, specified above, will be electrical arcing of the fuel boost pump the length of the fairing of the fuel boost considered before taking action on the wire, if not corrected, could result in pump; corrective actions, if necessary; proposed rule. The proposals contained wing structural damage, fire, and/or fuel and modification of the fuel pump wire in this notice may be changed in light vapor explosion. and fairing. This action is necessary to of the comments received. U.S. Type Certification of the Airplanes prevent electrical arcing of the fuel Submit comments using the following boost pump wire, which could result in format: These airplane models are wing structural damage, fire, and/or fuel • Organize comments issue-by-issue. manufactured in France and are type vapor explosion. This action is intended For example, discuss a request to certificated for operation in the United to address the identified unsafe change the compliance time and a States under the provisions of section condition. request to change the service bulletin 21.29 of the Federal Aviation reference as two separate issues. Regulations (14 CFR 21.29) and the DATES: Comments must be received by • September 25, 2000. For each issue, state what specific applicable bilateral airworthiness change to the proposed AD is being agreement. ADDRESSES: Submit comments in requested. triplicate to the Federal Aviation • Include justification (e.g., reasons or Explanation of Requirements of Administration (FAA), Transport data) for each request. Proposed Rule Airplane Directorate, ANM–114, Comments are specifically invited on Since an unsafe condition has been Attention: Rules Docket No. 2000–NM– the overall regulatory, economic, identified that is likely to exist or 227–AD, 1601 Lind Avenue, SW., environmental, and energy aspects of develop on other airplanes of the same Renton, Washington 98055–4056. the proposed rule. All comments type design registered in the United Comments may be inspected at this submitted will be available, both before States, the proposed AD would require: location between 9:00 a.m. and 3:00 and after the closing date for comments, • A revision of the FAA-approved p.m., Monday through Friday, except in the Rules Docket for examination by Airplane Flight Manual to advise the Federal holidays. Comments may be interested persons. A report flightcrew not to reset any tripped submitted via fax to (425) 227–1232. summarizing each FAA-public contact circuit breaker of a wing tank fuel boost Comments may also be sent via the concerned with the substance of this pump. Internet using the following address: 9- proposal will be filed in the Rules • An initial inspection to detect [email protected]. Comments Docket. damage of the wiring and adjacent sent via fax or the Internet must contain Commenters wishing the FAA to structure along the length of the fairing ‘‘Docket No. 2000–NM–227–AD’’ in the acknowledge receipt of their comments of the fuel boost pump; conditional
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What are the provisions of this service Cost Impact not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not bulletin? How many airplanes does this proposed a ‘‘significant rule’’ under Department of AD impact? The service bulletin describes Transportation Regulatory Policies and procedures for inspecting for proper We estimate that the proposed AD Procedures (44 FR 11034, February 26, routing of the rudder control assemblies. would affect 842 airplanes in the U.S. 1979); and (3) if put into effect, will not registry. The FAA’s Determination and an have a significant economic impact, positive or negative, on a substantial Explanation of the Provisions of the What is the cost impact of the proposed number of small entities under the Proposed AD action for the affected airplanes on the U.S. Register? criteria of the Regulatory Flexibility Act. What has FAA decided? We have placed a copy of the draft We estimate that it would take regulatory evaluation prepared for this approximately 1 workhour per airplane After examining the circumstances action in the Rules Docket. You may to accomplish the proposed inspection, and reviewing all available information obtain a copy of it by contacting the at an average labor rate of $60 an hour. related to the incidents described above, Rules Docket at the location provided Based on the figures presented above, we have determined that: under the caption ADDRESSES. we estimate that the total cost impact of —the unsafe condition referenced in the proposed inspection on U.S. List of Subjects in 14 CFR Part 39 this document exists or could develop operators is $50,520, or $60 per on other Raytheon Beech Models A36, airplane. Air transportation, Aircraft, Aviation B36TC, and 58 airplanes of the same We estimate that it would take safety, Safety. type design; approximately 4 workhours per airplane The Proposed Amendment to accomplish the proposed rudder —these airplanes should have the control replacement, at an average labor actions specified in the above service Accordingly, pursuant to the rate of $60 an hour. Based on the cost authority delegated to me by the bulletin incorporated; and factors presented above, we estimate Administrator, the Federal Aviation —the FAA should take AD action in that the total cost impact of the Administration proposes to amend part order to correct this unsafe condition. proposed rudder control replacement on 39 of the Federal Aviation Regulations U.S. operators is $240 per airplane. (14 CFR part 39) as follows: What does this proposed AD require? We estimate that it would take This proposed AD would require you approximately 2 workhours per airplane PART 39ÐAIRWORTHINESS to: to accomplish the proposed rudder DIRECTIVES pulley bracket replacement, at an —inspect for misrouted rudder control average labor rate of $60 an hour. 1. The authority citation for part 39 cables; Raytheon will provide parts at no cost continues to read as follows: —replace any worn or damaged guard to the owners/operators of the affected Authority: 49 U.S.C. 106(g), 40113, 44701. pins; airplanes. Based on the cost factors presented above, we estimate that the § 39.13 [Amended] —replace any pulley brackets that are total cost impact of the proposed rudder 2. FAA amends Section 39.13 by damaged or worn; and pulley bracket replacement on U.S. adding a new airworthiness directive —replace any misrouted rudder control operators is $120 per airplane. (AD) to read as follows: cables. The manufacturer will also allow warranty credit for labor to the extent Raytheon Aircraft Company: What are the differences between the noted in the service bulletin. Docket No. 2000–CE–06–AD. service bulletin and the proposed AD? (a) What airplanes are affected by this AD? Regulatory Impact The following Beech Models and serial Raytheon Aircraft requires you to Does this proposed AD impact relations number airplanes, certified in any category: inspect and, if necessary, replace guard between Federal and State pins, pulley brackets, and rudder governments? Model Serial Nos. control cables at the next scheduled inspection after receipt of the Service The proposed regulations would not A36 ...... E±2519 through E±3140. Bulletin, but no later than the next 50 have substantial direct effects on the B36TC ...... EA±501 through EA±608. States, on the relationship between the 58 ...... TH±1576 through TH±1838. flight hours. We propose a requirement national government and the States, or that you inspect and, if necessary, on the distribution of power and (b) Who must comply with this AD? replace guard pins, pulley brackets, and responsibilities among the various Anyone who wishes to operate any of the rudder control cables within the next 50 levels of government. We have above airplanes on the U.S. Register must hours time-inservice (TIS) of operation determined that this proposed rule comply with this AD. after the effective date of the proposed (c) What problem does this AD address? would not have federalism implications The actions specified by this AD are intended AD. We believe that 50 hours TIS will under Executive Order 13132. give the owners/operators of the affected to correct the misrouted rudder control cable and consequent guard pin wear or fraying of airplanes enough time to have the Does this proposed AD involve a significant rule or regulatory action? the cables with loss of rudder control. proposed actions accomplished without (d) What must I do to address this compromising the safety of the For the reasons discussed above, I problem? To address this problem, you must airplanes. certify that this proposed action (1) is accomplish the following actions:
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Actions Compliance times Procedures
(1) Inspect rudder control cables that are rout- Inspect within the next 50 hours time-in-serv- Accomplish this inspection in accordance with ed around the pulley and through the brack- ice after the effective date of this AD, and the ACCOMPLISHMENT INSTRUCTIONS ets. accomplish all follow-on actions, such as re- paragraph of Raytheon Mandatory Service placements before further flight after the in- Bulletin SB 27±3265, Issued: January 2000, spection. and the applicable airplane Maintenance Manual or Shop Manual. (i) Replace any worn or damaged guard pins. (ii) Inspect pulley brackets for wear and dam- age, and replace as necessary. (iii) If rudder cables are routed properly, check the airplane log book to determine if a misrouted control cable was detected during maintenance and the misrouting was cor- rected. (2) If a misrouting has been recorded or found Before further flight after the inspection ...... Accomplish this action in accordance with the during this inspection, install replacement ACCOMPLISHMENT INSTRUCTIONS rudder control cables in accordance with the paragraph of Raytheon Mandatory Service following: Bulletin SB 27±3265, Issued: January 2000, and the applicable airplane Maintenance Manual or Shop Manual. (i) Apply corrosion preventive compounds, as necessary, to provide corrosion protection. (ii) Install rudder control cables. (iii) Adjust rudder control cables to correct ten- sion and adjust control surface travel. (iv) Perform an operational checkout of the flight control system to ensure proper oper- ation of installed rudder control cables, pulley brackets, guard pins and attaching hardware.
(e) Can I comply with this AD in any other 21.199) to operate your airplane to a location ACTION: Proposed rule. way? where you can accomplish the requirements You may use an alternative method of of this AD. SUMMARY: EPA is proposing to approve compliance or adjust the compliance time if: (h) How do I get copies of the documents a statewide NOX rule to reduce the (1) Your alternative method of compliance referenced in this AD? You may get the emissions of nitrogen oxides (NO ) and provides an equivalent level of safety; and X service information referenced in the AD establish a NO emissions trading (2) The Manager, Wichita Aircraft from Raytheon Aircraft Company, P.O. Box X Certification Office (ACO), approves your 85, Wichita, Kansas 67201–0085; telephone: program for the state of Missouri. This alternative. Submit your request through an (800) 429–5372 or (316) 676–3140; on the rule is a critical element in the state’s FAA Principal Maintenance Inspector, who Internet at
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Have the requirements for approval of a All state regulations and supporting The rule also establishes a trading SIP revision been met? information approved by EPA under program for the state of Missouri to What action is EPA taking? section 110 of the CAA are incorporated allow the affected EGUs’ flexibility in into the Federally approved SIP. meeting the requirements of this rule. What Is a SIP? Records of such SIP actions are The trading program establishes Section 110 of the Clean Air Act maintained in the Code of Federal allowances for each affected NOX unit (CAA) requires states to develop air Regulations (CFR) at Title 40, Part 52, for each control period. The system then pollution regulations and control entitled ‘‘Approval and Promulgation of tracks the balance of the allowances for strategies to ensure that state air quality Implementation Plans.’’ The actual state each unit. At the end of the control meets the national ambient air quality regulations which are approved are not period, units with remaining allowances standards established by EPA. These reproduced in their entirety in the CFR can either bank the allowances for ambient standards are established under outright but are ‘‘incorporated by future years or trade the allowances to section 109 of the CAA, and they reference,’’ which means that we have units with a deficit (overdraft accounts.) currently address six criteria pollutants. approved a given state regulation with Other features of the trading program These pollutants are: carbon monoxide, a specific effective date. include the following: nitrogen dioxide, ozone, lead, What Does Federal Approval of a State 1. the availability of early reduction particulate matter, and sulfur dioxide. Regulation Mean to Me? credits for affected NOX units which Each state must submit these reduce their NO emissions rate prior to Enforcement of the state regulation X regulations and control strategies to us May 1, 2003; before and after it is incorporated into for approval and incorporation into the 2. an individual EGU opt-in provision the Federally approved SIP is primarily Federally enforceable SIP. which allows EGU units that are not a state responsibility. However, after the Each Federally approved SIP protects initially affected by the rule to opt in to regulation is Federally approved, we are the NO trading program, thereby air quality primarily by addressing air authorized to take enforcement action X subjecting them to the rule, including pollution at its point of origin. These against violators. Citizens are also the trading program; and SIPs can be extensive, containing state offered legal recourse to address 3. geographic flow control to regulations or other enforceable violations as described in section 304 of discourage the flow of allowances from documents and supporting information the CAA. such as emission inventories, west to east and to encourage more monitoring networks, and modeling What Is Being Addressed in This reductions in the vicinity of the St. demonstrations. Document? Louis area. What Is the Federal Approval Process We are proposing to approve, as an The rule specifies appropriate for a SIP? amendment to Missouri’s SIP, rule 10 compliance methods, reporting and CSR 10–6.350, ‘‘Emissions Limitations recordkeeping sufficient to determine In order for state regulations to be and Emissions Trading of Oxides of compliance, referencing the incorporated into the Federally Nitrogen,’’ submitted to us on June 29, requirements of 40 CFR part 75 (EPA’s enforceable SIP, states must formally 2000. The basis for our proposed monitoring requirements for acid rain adopt the regulations and control approval of the rule is described in this sources). We believe that this portion of strategies consistent with state and document, and in more detail in the the rule meets the applicable Federal requirements. This process technical support document (TSD) enforceability requirements. generally includes a public notice, prepared for this proposal. The TSD is This rule is a critical element in the public hearing, public comment period, available at the address identified state’s plan to attain the ozone standard and a formal adoption by a state- above. Because the rule is not yet in the St. Louis ozone nonattainment authorized rulemaking body. effective under state law, the submittal area. The St. Louis ozone nonattainment Once a state rule, regulation, or from Missouri requested that we area includes Franklin, Jefferson, St. control strategy is adopted, the state propose approval of the regulation by Charles, and St. Louis counties and St. submits it to us for inclusion into the parallel processing. Louis City in Missouri; and Madison, SIP. We must provide public notice and The rule requires reductions in NOX Monroe, and St. Clair counties in seek additional public comment emissions by establishing NOX Illinois. As part of the control strategy regarding the proposed Federal action emissions limitations for large electric for the attainment of the ozone standard on the state submission. If adverse generating units (EGU) which includes in the St. Louis area, Missouri and comments are received, they must be any EGU with a nameplate capacity Illinois included NOX reductions for addressed prior to any final Federal greater than 25 megawatts across the certain sources throughout the two action by us. state, beginning May 1, 2003. EGUs states. This rule is being parallel processed. located in the eastern third of the state Full approval of the ozone attainment Parallel processing means that EPA will are limited to an emission rate of 0.25 demonstration for St. Louis is propose approval of a rule before it is lbs. NOX per million British thermal dependent upon the adoption of final (or in this case legally binding) units per hour (mmBtu) of heat input regional NOX emissions control under state law. Under parallel during the control period. The EGUs regulations, sufficient to achieve processing, EPA proposes action on a located in the western two-thirds of the attainment of the ozone standard based state submission before it is final or state are limited to the less stringent rate on the attainment demonstration. EPA’s effective, and will take final action on of 0.35 lbs. NOX mmBtu of heat input proposal on the attainment its proposal if the final state submission during the control period. The control demonstration is in 65 FR 20404, April is substantially unchanged from the period begins on May 1 and ends on 17, 2000. That proposal includes a submission on which the proposal is September 30 of the same calendar year. detailed discussion of the role of based, or if significant changes in the The control period is limited to this regional NOX emission reductions in final state submission are anticipated period because this is the time of year attainment of the ozone standard in the and adequately described in EPA’s when ozone formation is most likely to St. Louis area. The target levels proposal. occur at unhealthful levels. established in the NOX rule, described
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ENVIRONMENTAL PROTECTION For additional Docket addresses and VIII. Executive Order 12898 AGENCY further details on their contents, see A. What is Executive Order 12898? section II, ‘‘Public Review/Public B. Does Executive Order 12898 Apply to 40 CFR Part 300 Comment,’’ of the SUPPLEMENTARY this Proposed Rule? IX. Executive Order 13045 [FRL±6856±7] INFORMATION portion of this preamble. FOR FURTHER INFORMATION CONTACT: A. What Is Executive Order 13045? National Priorities List for Uncontrolled Yolanda Singer, phone (703) 603–8835, B. Does Executive Order 13045 Apply to Hazardous Waste Sites; Proposed Rule State, Tribal and Site Identification This Proposed Rule? Center, Office of Emergency and X. Paperwork Reduction Act AGENCY: Environmental Protection Remedial Response (Mail Code 5204G); A. What Is the Paperwork Reduction Act? Agency. U.S. Environmental Protection Agency; B. Does the Paperwork Reduction Act ACTION: Apply to This Proposed Rule? Proposed rule. 1200 Pennsylvania Avenue NW; Washington, DC 20460; or the XI. Executive Orders on Federalism SUMMARY: The Comprehensive What Are the Executive Orders on Superfund Hotline, Phone (800) 424– Environmental Response, Federalism and Are They Applicable to 9346 or (703) 412–9810 in the Compensation, and Liability Act This Proposed Rule? Washington, DC, metropolitan area. (‘‘CERCLA’’ or ‘‘the Act’’), requires that XII. Executive Order 13084 the National Oil and Hazardous SUPPLEMENTARY INFORMATION: What Is Executive Order 13084 and Is It Substances Pollution Contingency Plan Applicable to This Proposed Rule? (‘‘NCP’’) include a list of national Table of Contents priorities among the known releases or I. Background I. Background threatened releases of hazardous A. What are CERCLA and SARA? substances, pollutants, or contaminants B. What is the NCP? A. What Are CERCLA and SARA? throughout the United States. The C. What is the National Priorities List (NPL)? In 1980, Congress enacted the National Priorities List (‘‘NPL’’) D. How are Sites Listed on the NPL? constitutes this list. The NPL is Comprehensive Environmental E. What Happens to Sites on the NPL? Response, Compensation, and Liability intended primarily to guide the F. How are Site Boundaries Defined? Environmental Protection Agency G. How are Sites Removed From the NPL? Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or (‘‘EPA’’ or ‘‘the Agency’’) in determining H. Can Portions of Sites be Deleted from ‘‘the Act’’), in response to the dangers of which sites warrant further the NPL as they are Cleaned Up? uncontrolled releases of hazardous investigation to assess the nature and I. What is the Construction Completion List substances. CERCLA was amended on extent of public health and (CCL)? October 17, 1986, by the Superfund environmental risks associated with the II. Public Review/Public Comment Amendments and Reauthorization Act A. Can I Review the Documents Relevant (‘‘SARA’’), Public Law 99–499, 100 Stat. site and to determine what CERCLA- to this Proposed Rule? financed remedial action(s), if any, may B. How do I Access the Documents? 1613 et seq. be appropriate. This proposed rule C. What Documents are Available for B. What Is the NCP? proposes to add two new sites to the Public Review at the Headquarters NPL; both to the General Superfund Docket? To implement CERCLA, EPA Section of the NPL. The two sites are the D. What Documents are Available for promulgated the revised National Oil Alabama Plating Company, Inc. site Public Review at the Regional Dockets? E. How do I Submit My Comments? and Hazardous Substances Pollution (located in Vincent, Alabama) and the Contingency Plan (‘‘NCP’’), 40 CFR part Malone Service Company, Inc. site F. What Happens to My Comments? G. What Should I Consider When 300, on July 16, 1982 (47 FR 31180), (located in Texas City, Texas). Preparing My Comments? pursuant to CERCLA section 105 and DATES: Comments regarding any of these H. Can I Submit Comments After the Executive Order 12316 (46 FR 42237, proposed listings must be submitted Public Comment Period Is Over? August 20, 1981). The NCP sets (postmarked) on or before October 23, I. Can I View Public Comments Submitted guidelines and procedures for 2000. by Others? J. Can I Submit Comments Regarding Sites responding to releases and threatened ADDRESSES: By Postal Mail: Mail Not Currently Proposed to the NPL? releases of hazardous substances, original and three copies of comments III. Contents of This Proposed Rule pollutants, or contaminants under (no facsimiles or tapes) to Docket A. Proposed Additions to the NPL CERCLA. EPA has revised the NCP on Coordinator, Headquarters; U.S. B. Status of NPL several occasions. The most recent Environmental Protection Agency; IV. Executive Order 12866 comprehensive revision was on March CERCLA Docket Office; (Mail Code A. What is Executive Order 12866? 8, 1990 (55 FR 8666). 5202G); 1200 Pennsylvania Avenue NW; B. Is This Proposed Rule Subject to Executive Order 12866 Review? As required under section Washington, DC 20460. By Express Mail or Courier: Send V. Unfunded Mandates 105(a)(8)(A) of CERCLA, the NCP also A. What is the Unfunded Mandates Reform original and three copies of comments includes ‘‘criteria for determining Act (UMRA)? priorities among releases or threatened (no facsimiles or tapes) to Docket B. Does UMRA Apply to This Proposed Coordinator, Headquarters; U.S. Rule? releases throughout the United States Environmental Protection Agency; VI. Effect on Small Businesses for the purpose of taking remedial CERCLA Docket Office; 1235 Jefferson A. What Is the Regulatory Flexibility Act? action and, to the extent practicable, Davis Highway; Crystal Gateway #1, B. Has EPA Conducted a Regulatory taking into account the potential First Floor; Arlington, VA 22202. Flexibility Analysis for This Rule? urgency of such action for the purpose By E-Mail: Comments in ASCII format VII. National Technology Transfer and of taking removal action.’’ ‘‘Removal’’ only may be mailed directly to Advancement Act actions are defined broadly and include A. What is the National Technology [email protected]. E-mailed Transfer and Advancement Act? a wide range of actions taken to study, comments must be followed up by an B. Does the National Technology Transfer clean up, prevent or otherwise address original and three copies sent by mail or and Advancement Act Apply to This releases and threatened releases (42 express mail. Proposed Rule? U.S.C. 9601(23)).
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C. What Is the National Priorities List pose a threat to human health or the limited purpose of the NPL (to identify (NPL)? environment. On December 14, 1990 (55 releases that are priorities for further The NPL is a list of national priorities FR 51532), EPA promulgated revisions evaluation), for it to do so. Although a CERCLA ‘‘facility’’ is among the known or threatened releases to the HRS partly in response to broadly defined to include any area of hazardous substances, pollutants, or CERCLA section 105(c), added by where a hazardous substance release has contaminants throughout the United SARA. The revised HRS evaluates four ‘‘come to be located’’ (CERCLA section States. The list, which is appendix B of pathways: Ground water, surface water, 101(9)), the listing process itself is not the NCP (40 CFR part 300), was required soil exposure, and air. As a matter of intended to define or reflect the under section 105(a)(8)(B) of CERCLA, Agency policy, those sites that score boundaries of such facilities or releases. as amended by SARA, section 28.50 or greater on the HRS are eligible Of course, HRS data (if the HRS is used 105(a)(8)(B) defines the NPL as a list of for the NPL; (2) Each State may designate a single site as its top priority to list a site) upon which the NPL ‘‘releases’’ and the highest priority placement was based will, to some ‘‘facilities’’ and requires that the NPL be to be listed on the NPL, regardless of the HRS score. This mechanism, provided extent, describe the release(s) at issue. revised at least annually. The NPL is That is, the NPL site would include all intended primarily to guide EPA in by the NCP at 40 CFR 300.425(c)(2) requires that, to the extent practicable, releases evaluated as part of that HRS determining which sites warrant further analysis. investigation to assess the nature and the NPL include within the 100 highest priorities, one facility designated by When a site is listed, the approach extent of public health and generally used to describe the relevant environmental risks associated with a each State representing the greatest danger to public health, welfare, or the release(s) is to delineate a geographical release of hazardous substances. The area (usually the area within an NPL is only of limited significance, environment among known facilities in the State (see 42 U.S.C. 9605(a)(8)(B)); installation or plant boundaries) and however, as it does not assign liability identify the site by reference to that to any party or to the owner of any (3) The third mechanism for listing, included in the NCP at 40 CFR area. As a legal matter, the site is not specific property. Neither does placing coextensive with that area, and the a site on the NPL mean that any 300.425(c)(3), allows certain sites to be listed regardless of their HRS score, if boundaries of the installation or plant remedial or removal action necessarily are not the ‘‘boundaries’’ of the site. need be taken. See Report of the Senate all of the following conditions are met: • The Agency for Toxic Substances Rather, the site consists of all Committee on Environment and Public and Disease Registry (ATSDR) of the contaminated areas within the area used Works, Senate Rep. No. 96–848, 96th U.S. Public Health Service has issued a to identify the site, as well as any other Cong., 2d Sess. 60 (1980), 48 FR 40659 health advisory that recommends location to which contamination from (September 8, 1983). dissociation of individuals from the that area has come to be located, or from For purposes of listing, the NPL release. which that contamination came. includes two sections, one of the sites • EPA determines that the release In other words, while geographic that are generally evaluated and cleaned poses a significant threat to public terms are often used to designate the site up by EPA (the ‘‘General Superfund health. (e.g., the ‘‘Jones Co. plant site’’) in terms Section’’), and one of sites that are • EPA anticipates that it will be more of the property owned by a particular owned or operated by other Federal cost-effective to use its remedial party, the site properly understood is agencies (the ‘‘Federal Facilities authority than to use its removal not limited to that property (e.g., it may Section’’). With respect to sites in the authority to respond to the release. extend beyond the property due to Federal Facilities section, these sites are EPA promulgated an original NPL of contaminant migration), and conversely generally being addressed by other 406 sites on September 8, 1983 (48 FR may not occupy the full extent of the Federal agencies. Under Executive 40658). The NPL has been expanded property (e.g., where there are Order 12580 (52 FR 2923, January 29, since then, most recently on July 27, uncontaminated parts of the identified 1987) and CERCLA section 120, each 2000 (65 FR 46096). property, they may not be, strictly Federal agency is responsible for speaking, part of the ‘‘site’’). The ‘‘site’’ carrying out most response actions at E. What Happens to Sites on the NPL? is thus neither equal to nor confined by facilities under its own jurisdiction, A site may undergo remedial action the boundaries of any specific property custody, or control, although EPA is financed by the Trust Fund established that may give the site its name, and the responsible for preparing an HRS score under CERCLA (commonly referred to name itself should not be read to imply and determining whether the facility is as the ‘‘Superfund’’) only after it is that this site is coextensive with the placed on the NPL. EPA generally is not placed on the NPL, as provided in the entire area within the property the lead agency at Federal Facilities NCP at 40 CFR 300.425(b)(1). boundary of the installation or plant. Section sites, and its role at such sites (‘‘Remedial actions’’ are those The precise nature and extent of the site is accordingly less extensive than at ‘‘consistent with permanent remedy, are typically not known at the time of other sites. taken instead of or in addition to listing. Also, the site name is merely used to help identify the geographic D. How Are Sites Listed on the NPL? removal actions. * * * ’’ 42 U.S.C. 9601(24).) However, under 40 CFR location of the contamination. For There are three mechanisms for 300.425(b)(2) placing a site on the NPL example, the ‘‘Jones Co. plant site,’’ placing sites on the NPL for possible ‘‘does not imply that monies will be does not imply that the Jones company remedial action (see 40 CFR 300.425(c) expended.’’ EPA may pursue other is responsible for the contamination of the NCP): (1) A site may be included appropriate authorities to remedy the located on the plant site. on the NPL if it scores sufficiently high releases, including enforcement action EPA regulations provide that the on the Hazard Ranking System (‘‘HRS’’), under CERCLA and other laws. ‘‘nature and extent of the problem which EPA promulgated as a appendix presented by the release’’ will be A of the NCP (40 CFR part 300). The F. How are Site Boundaries Defined? determined by a Remedial Investigation/ HRS serves as a screening device to The NPL does not describe releases in Feasibility Study (‘‘RI/FS’’) as more evaluate the relative potential of precise geographical terms; it would be information is developed on site uncontrolled hazardous substances to neither feasible nor consistent with the contamination (40 CFR 300.5). During
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XI. Executive Orders on Federalism requires EPA to provide to the Office of which carriers must notify NECA of Management and Budget, in a separately changes in their participation in NECA’s What Are the Executive Orders on identified section of the preamble to the access tariffs. Specifically, the carrier Federalism and Are They Applicable to rule, a description of the extent of EPA’s election deadline would be changed This Proposed Rule? prior consultation with representatives from December 31 of the previous year Executive Order 13132, entitled of affected tribal governments, a to March 1 of the tariff year. NECA ‘‘Federalism’’ (64 FR 43255, August 10, summary of the nature of their concerns, asserts that, because of streamlined tariff 1999), requires EPA to develop an and a statement supporting the need to notification periods and electronic data accountable process to ensure issue the regulation. In addition, collection methods, it no longer requires ‘‘meaningful and timely input by State Executive Order 13084 requires EPA to six months advance notice of tariff and local officials in the development of develop an effective process permitting participation changes. Moving the regulatory policies that have federalism elected officials and other notice deadline from December to 31 of implications.’’ ‘‘Policies that have representatives of Indian tribal the previous year to March 1 of the tariff federalism implications’’ is defined in governments ‘‘to provide meaningful year will provide carriers more time in the Executive Order to include and timely input in the development of which to make their tariff participation regulations that have ‘‘substantial direct regulatory policies on matters that decisions. effects on the States, on the relationship significantly or uniquely affect their DATES: Comments are due on or before between the national government and communities.’’ September 8, 2000, and reply comments the States, or on the distribution of This proposed rule does not are due on or before September 18, power and responsibilities among the significantly or uniquely affect the 2000. various levels of government.’’ communities of Indian tribal ADDRESSES: Federal Communications Under Section 6 of Executive Order governments because it does not Commission, 445 12th Street, SW., 13132, EPA may not issue a regulation significantly or uniquely affect their Washington, DC 20554. that has federalism implications, that communities. Accordingly, the FOR FURTHER INFORMATION CONTACT: imposes substantial direct compliance requirements of section 3(b) of Jennifer McKee, (202) 418–1520. costs, and that is not required by statute, Executive Order 13084 do not apply to SUPPLEMENTARY INFORMATION: Under 47 unless the Federal government provides this proposed rule. the funds necessary to pay the direct CFR 69.3, NECA is responsible for filing compliance costs incurred by State and List of Subjects in 40 CFR Part 300 an access service tariff as agent for all telephone companies that participate in local governments, or EPA consults with Environmental protection, Air the association tariff. The association State and local officials early in the pollution control, Chemicals, Hazardous tariff is to be filed with a scheduled process of developing the proposed substances, Hazardous waste, effective date of July 1. To provide regulation. EPA also may not issue a Intergovernmental relations, Natural NECA with sufficient notice, carriers are regulation that has federalism resources, Oil pollution, Penalties, currently required to notify NECA of implications and that preempts State Reporting and recordkeeping any change in their association tariff law, unless the Agency consults with requirements, Superfund, Water participation by December 31 of the year State and local officials early in the pollution control, Water supply. preceding the filing of the tariff. process of developing the proposed Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. In 1997 the Commission streamlined regulation. 9601–9657; Executive Order 12777, 56 FR its tariff filing rules, allowing carriers to This proposed rule does not have 54757, 3 CFR, 1991 Comp., p. 351; Executive file their annual access tariffs on 15 federalism implications. It will not have Order 12580, 52 FR 2923, 3 CFR, 1987 days notice, rather than on 90 days substantial direct effects on the States, Comp., p. 193. notice. 63 FR 13132, March 18, 1998. on the relationship between the national Dated: August 17, 2000. The streamlined notice requirement government and the States, or on the Timothy Fields, Jr., applies to NECA’s association access distribution of power and Assistant Administrator, Office of Solid Waste service tariff, allowing NECA to file the responsibilities among the various and Emergency Response. tariff on June 16, rather than on April 2, levels of government, as specified in [FR Doc. 00–21524 Filed 8–23–00; 8:45 am] for an effective date of July 1. In Executive Order 13132. Thus, the addition to the streamlined notice requirements of section 6 of the BILLING CODE 6560±50±P period, NECA now employs electronic Executive Order do not apply to this data collection and processing routines rule. FEDERAL COMMUNICATIONS that were not in use when 47 CFR 69.3 XII. Executive Order 13084 COMMISSION was adopted. These more efficient data collection techniques significantly What Is Executive Order 13084 and Is It 47 CFR Part 69 reduce the time required to assemble Applicable to This Proposed Rule? and analyze data for NECA’s tariff filing. Under Executive Order 13084, EPA [CC Docket No. 99±316; FCC 99±307] According to NECA, the tariff may not issue a regulation that is not Shortening Notice Period for Changes streamlining rules and improvements in required by statute, that significantly or in Participation in NECA's Access data collection management eliminate uniquely affects the communities of Tariffs the need for carriers to provide six Indian tribal governments, and that months advance notice to NECA of imposes substantial direct compliance AGENCY: Federal Communications planned tariff participation changes. costs on those communities, unless the Commission. Therefore, NECA filed a petition for Federal government provides the funds ACTION: Notice of proposed rulemaking. rulemaking seeking to change the carrier necessary to pay the direct compliance notification date from December 31 of costs incurred by the tribal SUMMARY: This document seeks the previous year to March 1 of the tariff governments, or EPA consults with comment on the National Exchange year. those governments. If EPA complies by Carrier Association, Inc.’s (NECA’s) We agree with NECA that changes in consulting, Executive Order 13084 proposal to extend the deadline by tariff notification periods and
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In this IRFA, we consider the telephone operators, providers of compensation, because NECA is potential impact of the NPRM on all telephone toll service, providers of required to file proposed revisions to local exchange carriers (‘‘LECs’’) that telephone exchange service, and these schedules by December 31. The could consider participating in NECA’s resellers. extension of the tariff election deadline association tariffs. Neither the There are two principal providers of will provide carriers more time to Commission nor the SBA has developed local telephone service; incumbent LECs analyze NECA’s proposed revisions a definition for small LECs. The closest and competing local service providers. before making tariff participation applicable definition under the SBA However, under 47 CFR part 69, decisions. We seek comment on our rules is for Standard Industrial participation in NECA’s access service tentative conclusions and proposals, Classification (‘‘SIC’’) category 4813, tariffs is limited to incumbent LECs, and on additional actions we might take telephone communications companies therefore the proposed rule changes will in this regard. other than radiotelephone (wireless) not affect competing local service Federal Rules that May Duplicate, companies. 13 CFR 121.201. For this providers. 47 CFR 69.2(hh). According Overlap, or Conflict With the Proposed category, the SBA has defined a small to the most recent Locator data, 1,410 Rules business to be a small entity having no filers identified themselves as more than 1,500 employees. 13 CFR incumbent LECs. Data set forth in the There are no federal rules that may 121.201. FCC Preliminary Statistics of duplicate, overlap, or conflict with the We have included small incumbent Communications Common Carriers proposed rules. LECs in this RFA analysis. As noted (‘‘SOCC’’) lists 32 incumbent LECs that Filing of Comments and Reply above, a ‘‘small business’’ under the have more than 1,500 employees. We do Comments RFA is one that, inter alia, meets the not have data specifying the number of pertinent small business size standard these carriers that are either dominant Pursuant to 47 CFR 1.415, 1.419, (e.g., a telephone communications in their field of operations or are not interested parties may file comments on business having 1,500 or fewer independently owned and operated, and or before September 8, 2000, and reply employees), and ‘‘is not dominant in its thus are unable at this time to estimate comments on or before September 18, field of operation.’’ 5 U.S.C. 601(3). The with greater precision the number of 2000. Comments may be filed using the SBA’s Office of Advocacy contends that, incumbent LECs that would qualify as Commission’s Electronic Comment for RFA purposes, small incumbent small business concerns under the Filing System (‘‘ECFS’’) or by filing LECs are not dominant in their field of SBA’s definition. Consequently, we paper copies. operation because any such dominance estimate that fewer than 1,378 Comments filed through the ECFS can is not ‘‘national’’ in scope. Letter from incumbent LECs are small entities that be sent as an electronic file via the Jere W. Glover, Chief Counsel for may be affected by the proposed rules, Internet to
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Federal Communications Commission. from the Commission’s copy contractor, eiders and Steller’s eiders, which John A. Karousos, International Transcription Services, previously closed on August 31, 2000, Chief, Allocations Branch, Policy and Rules Inc., (202) 857–3800, 1231 20th Street, now close on September 25, 2000. Division, Mass Media Bureau. NW, Washington, DC 20036. Comments from all interested parties [FR Doc. 00–21573 Filed 8–23–00; 8:45 am] Provisions of the Regulatory must be received by the closing date. BILLING CODE 6712±01±P Flexibility Act of 1980 do not apply to Any comments that are received after this proceeding. the closing date may not be considered Members of the public should note in the final decision on these proposals. that from the time a Notice of Proposed FEDERAL COMMUNICATIONS ADDRESSES: Copies of the draft Rule Making is issued until the matter COMMISSION economic analyses are available on the is no longer subject to Commission Internet at ‘‘www.r7.fws.gov/es/te.html’’ 47 CFR Part 73 consideration or court review, all ex or by contacting the U.S. Fish and parte contacts are prohibited in [DA 00±1839, MM Docket No. 00±144, RM± Wildlife Service at the appropriate field Commission proceedings, such as this 9925] office listed below. Submit written data one, which involve channel allotments. or comments on the spectacled eider to Radio Broadcasting Services; See 47 CFR 1.1204(b) for rules the Field Supervisor, Ecological Groveton, NH governing permissible ex parte contacts. Services Field Office, Anchorage, U.S. For information regarding proper Fish and Wildlife Service, 605 W. 4th AGENCY: Federal Communications filing procedures for comments, see 47 Ave. Rm G–62, Anchorage, AK 99501; Commission. CFR 1.415 and 1.420. ACTION: Proposed rule. fax: 907/271–2786. Submit written data Federal Communications Commission. or comments on the Steller’s eider to SUMMARY: The Commission requests John A. Karousos, Ted Swem, Northern Alaska Ecological comments on a petition filed by Linda Chief, Allocations Branch, Policy and Rules Services, 101 12th Ave., Rm 110, Davidson seeking the allotment of Division, Mass Media Bureau. Fairbanks, AK 99701; fax 907/456–0208. Channel 268A to Groveton, NH, as the [FR Doc. 00–21572 Filed 8–23–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: For community’s second local FM service. BILLING CODE 6712±01±P the proposed rule and economic Channel 268A can be allotted to analysis concerning spectacled eiders, Groveton in compliance with the contact Ann G. Rappoport, Field Commission’s minimum distance DEPARTMENT OF THE INTERIOR Supervisor, Ecological Services Field separation requirements with a site Office, Anchorage at the above address, restriction of 7.2 kilometers (4.4 miles) Fish and Wildlife Service phone: 907/271–2787 or toll-free 800/ northeast, at coordinates 44–37–43 NL; 272–4174; fax: 907/271–2786. For the 71–25–55 WL, to avoid a short-spacing 50 CFR Part 17 proposed rule and economic analysis to Station WYKR–FM, Channel 267A, RIN 1018±AF92; RIN 1018±AF95 concerning Steller’s eiders, contact Ted Haverhill, NH, and Station WBHG, Swem, Endangered Species Branch, at Channel 268A, Meredith, NH. Canadian Endangered and Threatened Wildlife Northern Alaska Ecological Services at concurrence in the allotment must be and Plants; Extension of Comment the above address, phone: 907/456– obtained since Groveton is located Periods and Notice of Availability of 0441; fax: 907/456–0208. within 320 kilometers (200 miles) of the Draft Economic Analyses on Proposed SUPPLEMENTARY INFORMATION: U.S.-Canadian border. Critical Habitat Determinations for the DATES: Comments must be filed on or Spectacled Eider and Steller's Eider Background before October 2, 2000, and reply comments on or before October 17, AGENCY: Fish and Wildlife Service, The spectacled eider is a large 2000. Interior. seaduck found in marine waters and ACTION: Proposed rule; notice of coastal areas from the Nushagak ADDRESSES: Federal Communications extension of comment period and notice Peninsula of southwestern Alaska north Commission, 445 12th Street, SW., of availability of draft economic to Barrow and east nearly to the Room TW–A325, Washington, DC analyses. Canadian Border. The species is 20554. In addition to filing comments threatened by habitat degradation, lead with the FCC, interested parties should SUMMARY: We, the U.S. Fish and poisoning, increased predation rates, serve the petitioner, or its counsel or Wildlife Service, announce the and hunting and other human consultant, as follows: Linda A. availability of draft economic analyses disturbance. The Steller’s eider is a Davidson, 2134 Oak St., Unit C, Santa of the proposed designation of critical seaduck found in coastal and marine Monica, CA 90405 (Petitioner). habitat for the spectacled eider waters from the eastern Aleutian Islands FOR FURTHER INFORMATION CONTACT: (Somateria fischeri) and the Alaska- around the western and northern coasts Leslie K. Shapiro, Mass Media Bureau, breeding population of the Steller’s of Alaska to the Canada border. The (202) 418–2180. eider (Polysticta stelleri). We also Alaska-breeding population of this SUPPLEMENTARY INFORMATION: This is a provide notice that we are extending the species is thought to have decreased synopsis of the Commission’s Notice of comment periods on the proposals to significantly, but the causes of the Proposed Rule Making, MM Docket No. allow all interested parties to submit suspected decline are unknown. On 00–144, adopted August 2, 2000, and written comments on the proposals and February 8, 2000, the Service published released August 11, 2000. The full text on the draft economic analyses. a proposed rule (65 FR 6114) to of this Commission decision is available Comments previously submitted need designate critical habitat for the for inspection and copying during not be resubmitted as they will be spectacled eider, and on March 13, normal business hours in the FCC incorporated into the public records and 2000, the Service published a proposed Reference Center, 445 12th Street, SW, will be fully considered in the final rule. rule (65 FR 13262) to designate critical Washington, DC. The complete text of DATES: The comment periods for the habitat for the Alaska-breeding this decision may also be purchased proposed rules concerning spectacled population of the Steller’s eider.
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Section 4(b)(2) of the Act requires that Our practice is to make comments, DEPARTMENT OF THE INTERIOR we designate or revise critical habitat including names and home addresses of based upon the best scientific data respondents, available for public review Fish and Wildlife Service available and after taking into during regular business hours. consideration the economic impact of Individual respondents may request that 50 CFR Part 17 specifying any particular area as critical we withhold their home address from habitat. We may exclude an area from Endangered and Threatened Wildlife the rulemaking record, which we will and Plants; 90-day Finding and critical habitat if we determine that the honor to the extent allowable by law. In benefits of excluding the area outweigh Commencement of Status Review for a certain circumstances, we would Petition To List the Western Sage the benefits of including the area as withhold from the rulemaking record a critical habitat, provided such exclusion Grouse in Washington as Threatened respondent’s identity, as allowable by or Endangered will not result in the extinction of the law. If you wish for us to withhold your species. Based upon the previously name and/or address, you must state AGENCY: Fish and Wildlife Service, published proposals to designate critical this request prominently at the Interior. habitat for the spectacled eider and beginning of your comment. However, ACTION: Notice of petition finding and Steller’s eider and comments previously initiation of status review. received during the comment periods, we will not consider anonymous we have conducted a draft economic comments. We will make all SUMMARY: We, the U.S. Fish and analysis of the proposed critical habitat submissions from organizations or Wildlife Service (Service) announce a designations. businesses, and from individuals 90-day finding on a petition to list the The comment period for the proposed identifying themselves as western sage grouse (Centrocercus rule designating critical habitat for representatives or officials of urophasianus phaios) in Washington as spectacled eiders originally closed on organizations or businesses, available an endangered or threatened species May 8, 2000. The comment period for for public inspection in their entirety. pursuant to the Endangered Species Act the proposed rule designating critical The deadline for requesting public of 1973, as amended. We find that the petition presents substantial scientific habitat for Steller’s eiders originally hearings on the proposed rule regarding or commercial information indicating closed on May 12, 2000. We critical habitat for the spectacled eider subsequently extended the comment that listing western sage grouse in was March 24, 2000. The deadline for Washington, as a distinct population periods for both species to June 30, requesting public hearings for the 2000, in response to concerns expressed segment, may be warranted. We are proposed rule regarding critical habitat initiating a status review to determine if by several parties that the original for Steller’s eider was April 27, 2000. comment periods did not allow listing this population segment is We have not extended these deadlines. warranted. adequate time for review and comment In order to be considered valid, requests by affected individuals and DATES: The finding announced in this for public hearings must have been communities. Additionally, we document was made August 18, 2000. submitted in writing and received at the anticipated that the comment periods To be considered in the 12-month appropriate office by the relevant for the economic analyses associated finding for this petition, information with the proposed critical habitat deadline. and comments should be submitted to designations would be open during June Author us by October 23, 2000. 2000, and we wished to solicit ADDRESSES: Information, comments, or comments on the proposed rules and The primary author of this notice is questions concerning this petition their respective economic analyses Susan Detwiler, U.S. Fish and Wildlife should be submitted to the Supervisor, simultaneously. The development of the Service, Division of Endangered Upper Columbia River Basin Field economic analyses for the proposed Species, 1011 E. Tudor Rd., Anchorage, Office, U.S. Fish and Wildlife Service, critical habitat designations was AK 99503. 11103 E. Montgomery Drive, Spokane, unexpectedly delayed, and we Washington 99206. The petition finding, subsequently extended the comment Authority supporting data, and comments are periods through August 31, 2000, with The authority for this action is the available for public inspection, by the expectation that the economic Endangered Species Act of 1973 (16 appointment, during normal business analyses would be available by August U.S.C. 1531 et seq.). hours at the above address. 1, 2000. FOR FURTHER INFORMATION CONTACT: We solicit comments on the draft Dated: August 16, 2000. Chris Warren (See ADDRESSES section) economic analysis as described in this Gary Edwards, or telephone (509) 893–8020. notice, as well as any other aspect of the Acting Regional Director, Region 7, Fish and SUPPLEMENTARY INFORMATION: proposed designation of critical habitat Wildlife Service. for the spectacled eider and Steller’s [FR Doc. 00–21589 Filed 8–23–00; 8:45 am] Background eider. Our final determination on the BILLING CODE 4310±55±P Section 4(b)(3)(A) of the Endangered proposed critical habitat will take into Species Act of 1973 (Act), as amended consideration comments and any (16 U.S.C. 1531 et seq.), requires that we additional information received by the make a finding on whether a petition to date specified above. All previous list, delist, or reclassify a species, or to comments and information submitted revise a critical habitat designation, during the comment period need not be presents substantial scientific or resubmitted. The comment period is commercial information to demonstrate extended to September 25, 2000. that the petitioned action may be Written comments may be submitted to warranted. To the maximum extent the appropriate Service office as practicable, this finding is to be made specified in the ADDRESSES section. within 90 days of receipt of the petition,
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(CSGWG) 1997). Currently, sage grouse from historic population levels, and province calculated by males on leks in occur in 11 States and 2 Canadian much of the overall decline occurred the spring (Table 1). In order to estimate provinces: ranging from extreme from the late 1800s to the mid 1900s the total current range-wide abundance southeastern Alberta and southwestern (Hornaday 1916, Crawford and Lutz of sage grouse, the following estimates Saskatchewan, south to western 1985, Drut 1994, WDFW 1995, Coggins of maximum abundance for the four Colorado, and west to eastern California, and Crawford 1996, Braun 1998, States containing over 20,000 sage Oregon, and Washington. In addition to Schroeder et al. 1999a). grouse were made from the available these States, sage grouse occur in A number of studies since the mid- information. For Oregon, the high southern Idaho, northern Nevada, 1900s provide sage grouse density population estimate of approximately western and northern Utah, Wyoming, estimates for a range of habitats 66,000 for 1993 was used (after Willis et considered of low to high quality southern and eastern Montana, and al. 1993). For the remaining three States, (Johnsgard 1973, Drut et al. 1994a, extreme western North and South it was assumed that the most recent Dakota. Sage grouse have been WDFW 1995). Assuming 1 grouse per square kilometer (km2) (0.4 square mi available harvest estimates (Idaho 1996, extirpated from Nebraska, Kansas, 2 Wyoming 1998, Montana 1998) Oklahoma, New Mexico, and Arizona, (mi ) as an approximate lower limit, 10 grouse per km2 (0.4 mi2) as an accounted for roughly 10 percent (after and from British Columbia, Canada approximate upper limit (Michael Zablan 1993) of the total State (Braun 1998). Range wide, sage grouse Schroeder, WDFW, pers. comm. 1999), population. These assumptions result in distributions have declined in a number and the most recent estimate of historic upper limit estimates of 189,000, of areas, most notably along the sage grouse distribution, roughly 151,000, and 72,000 sage grouse in the periphery of their historic range. between 1.6 million and 16 million sage spring breeding population (i.e., post- Little substantiated information is grouse would have occurred rangewide harvest) in Idaho, Wyoming, and available regarding the historic prior to European expansion across Montana, respectively. Considering abundance of sage grouse throughout western North America. Table 1 and the above information, their range. However, within the Braun (1998) provides a range of currently there are approximately literature, the general consensus is that values for current breeding sage grouse 100,000–500,000 sage grouse range considerable declines have occurred abundance by State and Canadian wide.
TABLE 1. CURRENT ESTIMATED SAGE GROUSE ABUNDANCE (INDIVIDUALS IN THE 1998 BREEDING POPULATION) IN VARIOUS AREAS OF NORTH AMERICA (AFTER BRAUN 1998).
500± < 2,000 < 10,000 <20,000 >20,000
Alberta North Dakota California Colorado Idaho Saskatchewan South Dakota Nevada Oregon Washington Utah Montana Wyoming
Based on the best available eastern/western taxonomic split (circa Oregon border (Yocom 1956). Historic information, the most conservative 1940s) was based on plumage coloration references indicate there were large estimate indicates that there has been and relatively few specimens numbers of sage grouse in Washington roughly a 69 percent reduction from representing the western birds, (Sveum 1995, WDFW 1995), and annual historic range-wide sage grouse including seven from Oregon, three State harvests averaged roughly 1,800 abundance. Given a worst-case scenario, from Washington, and one from birds from 1951 to 1973. Harvest rates sage grouse abundance has declined California (Aldrich 1946). With regard declined from 900 in 1974 to 18 in 1987, more than 99 percent from historic to current taxonomic standards and and Washington closed the sage grouse levels. The true decline in sage grouse information generated over the last few hunting season in 1988 (WDFW 1995). abundance likely falls between these decades, these subspecies designations Western sage grouse have been upper and lower limits. may be inappropriate (Johnsgard 1983, extirpated from seven counties in The historic distribution of western Schroeder et al. 1999a). Considering Washington and currently occupy sage grouse (Centrocercus urophasianus recent work on other populations of approximately 10 percent of their phaios) extended from extreme south- sage grouse (i.e., in southwestern historic range in the State. central British Columbia southward Colorado and southeastern Utah) and through eastern Washington and the uncertainties surrounding the Two populations of western sage Oregon, except in extreme southeastern subspecific designations, the taxon is grouse remain in Washington, roughly Oregon near the Idaho/Nevada borders. likely to undergo formal reevaluation totaling 1,000 birds (WSGWG 1998). Sage grouse inhabiting California and and ordering in the near future. This One occurs primarily on private and extreme western Nevada are thought to reevaluation is likely to split the taxon State-owned lands in Douglas County represent an intermediate form between into two separate species, discontinuing (approximately 650 birds); the other the western and eastern (C.u. recognition of the eastern and western occurs at the Yakima Training Center urophasianus) subspecies (Aldrich subspecies and recognizing only the (YTC), administered by the Army, in 1963). Currently, western sage grouse northern sage grouse and Gunnison sage Kittitas and Yakima Counties occur in southeastern Oregon and grouse in Colorado and Utah (WSSGTC (approximately 350 birds). These two central Washington (Johnsgard 1973, 1999). populations are isolated from the Drut 1994, WDFW 1995). Historically, western sage grouse in Oregon population (WDFW 1995, Currently, two subspecies of sage Washington ranged from Oroville in the Livingston 1998) and nearly isolated grouse are recognized by the American north, west to the Cascade foothills, east from one another (Schroeder, pers. Ornithologists’ Union (AOU 1957). The to the Spokane River, and south to the comm. 1999).
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Except for Wallowa County, western its listing status under the Act are (3) evidence that the discrete population sage grouse were distributed throughout determined during status reviews, segment represents the only surviving central and eastern Oregon in which are initiated after 90-day petition natural occurrence of a taxon that may sagebrush-dominated areas until the findings that find there is substantial be more abundant elsewhere as an early 1900s (Gabrielson and Jewett information to indicate that a listing introduced population outside its 1940). Presently, Malheur, Harney, and may be warranted. historic range; and (4) evidence that the Lake Counties harbor the bulk of Two criteria are used to determine if discrete population segment differs western sage grouse in Oregon (roughly a population segment may be markedly from other population 24,000 to 58,000 birds), with the considered discrete from the remainder segments in its genetic characteristics. remaining portion (roughly 3,000 to of the taxon. The first is isolation from Those factors that may have bearing on 8,000 birds) split among Baker, Crook, other populations as a consequence of the sage grouse that occur in Deschutes, Grant, Klamath, Union, and physical, physiological, ecological, or Washington are addressed separately Wheeler Counties (after Willis et al. behavioral factors. The second is if the below. 1993). Sage grouse in extreme southern population segment can be delimited by Sage grouse in Douglas County, in Malheur and Harney Counties fall international governmental boundaries north-central Washington, appear to within the recognized range of the within which differences in control of display a greater reproductive effort eastern subspecies (Drut 1994). exploitation, management of habitat, compared with other populations Estimates of the historic abundance of conservation status, or regulatory throughout the species’ range western sage grouse range from roughly mechanisms exist that are significant in (Schroeder 1997). This increased effort 200,000 to 2,000,000 birds. Further, it is light of section 4(a)(1)(D) of the Act. As includes more eggs laid per nest and estimated that the northwestern western sage grouse have been higher rates of nesting and renesting extension of sage grouse range (i.e., extirpated from British Columbia, attempts. Such differences in behavioral central Oregon northward), which Canada, the international boundary and reproduction ecology suggest that includes nearly all of the Columbia criterion is not addressed for the this area represents an unusual and Plateau biogeographic zone (after purposes of this 90-day petition finding. unique ecological setting compared to Wisdom et al. 1998), historically Until recently, the two populations of the rest of the species’ range. However, harbored roughly 100,000 to 1,000,000 sage grouse that remain in Washington it is difficult to distinguish whether birds. The historic population in were considered relatively continuous, these results represent a regional Washington is estimated to have been and may now represent isolated difference within the species, or if they between 60,000 and 600,000. Using components of a single metapopulation may be related to the habitat quality or best- and worst-case scenarios, western (WDFW 1995, Schroeder et al. 1999b). type available, variable environmental sage grouse abundance has declined Sporadic sightings outside current conditions, anthropogenic influences between 67 and 97 percent from historic concentrations indicate some minimal unique to the area (e.g., reduced and levels. Estimates of the decline from interaction and, possibly, genetic fragmented habitats, disturbance), or historic abundance for the northwestern interchange between them (WDFW even study design. Identifying the extension of the species’ range as a 1995; Schroeder; pers. comm. August cause(s) of a true increased reproductive whole, and for sage grouse in 18, 1999; Pounds, pers. comm. effort may hold important implications Washington in particular, are equal to or September 2, 1999). However, a number for the region’s sage grouse, and exceed 97 percent. of telemetry studies have not conservation of the species in general. While the petitioners requested that documented their intermixing A number of studies address the we list the western sage grouse under (Schroeder; pers. comm. 1999; Pounds, potential influences of biogeography on the Act as a threatened or endangered pers. comm. 1999), and it is likely that a species. The following provides species in the State of Washington, we they are effectively isolated due to a preliminary support to the claim that do not base listing decisions on political variety of human influences. loss of the potential DPS would result subdivisions, except international The next closest sage grouse in a significant gap in the range of the boundaries. However, as discussed population is located over 240 km (150 taxon. earlier, we have developed policy that mi) to the south, in central Oregon. With The extent to which biogeographic provides for the recognition of distinct regard to sage grouse life history (e.g., zones have acted to differentiate population segments (DPSs) of seasonal movements, dispersal regional sage grouse populations is vertebrate species and subspecies for behavior) and recent census currently unclear. However, the consideration under the Act (61 FR information, the Washington birds may different habitat use patterns exhibited 4722). be considered fully discrete from the by sage grouse may have significant Under our DPS policy, two elements Oregon populations (WDFW 1995; consequences for the fitness of are used to assess whether a population Schroeder, pers. comm. 1999; Pounds, populations occupying different zones, under consideration for listing may be pers. comm. 1999). and for future management decisions recognized as a DPS. These elements Based on this information, we find addressing the species’ conservation. are: (1) A population segment’s that the population of sage grouse that These consequences may include discreteness from the remainder of the occurs in Washington may be discrete differing diet and nutritional taxon, and (2) the population segment’s from the remainder of the taxon. preferences (Johnson and Boyce 1990, significance to the taxon to which it The DPS policy describes a number of Welch et al. 1991, Drut et al. 1994b, belongs. If we determine that a factors, singly or in combination, that Barnett and Crawford 1994), responses population being considered for listing may demonstrate the significance of a to fire or predation (DeLong et al. 1995, may represent a DPS, then the level of discrete population segment to its taxon, Fischer et al. 1996, Pyle and Crawford threat to the population is evaluated including: (1) Persistence of the discrete 1996), and seasonal movement patterns based on the five listing factors population segment in an ecological (Connelly et al. 1988, Schroeder et al. established by the Act to determine if setting unusual or unique for the taxon; 1999a). listing as either threatened or (2) evidence that loss of the discrete The significance test under the DPS endangered may be warranted. Formal population segment would result in a policy can also be met if there is recognition of a DPS and evaluation of significant gap in the range of the taxon; evidence that the population segment
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Notices Federal Register Vol. 65, No. 165
Thursday, August 24, 2000
This section of the FEDERAL REGISTER ranchers); (2) methods of maximizing The Committee meets at least once a contains documents other than rules or the number of new farming and year and all meetings are open to the proposed rules that are applicable to the ranching opportunities created through public. Committee meetings provide an public. Notices of hearings and investigations, the program; (3) methods of encouraging opportunity for members to exchange committee meetings, agency decisions and ideas on ways to increase opportunities rulings, delegations of authority, filing of States to participate in the program; (4) petitions and applications and agency the administration of the program; and for beginning farmers and ranchers statements of organization and functions are (5) other methods of creating new through Federal-State partnerships. examples of documents appearing in this farming or ranching opportunities. Members discuss various issues and section. The law requires that members draft numerous recommendations, include representatives from the which are submitted to the Secretary in following groups: (1) The Farm Service writing. DEPARTMENT OF AGRICULTURE Agency (FSA); (2) State beginning Signed in Washington, D.C. on August 18, 2000. Farm Service Agency farmer programs (as defined in section 309(i)(5) of the Consolidated Farm and Parks Shackleford, Advisory Committee on Beginning Rural Development Act); (3) commercial Acting Administrator, Farm Service Agency. Farmers and Ranchers lenders; (4) private nonprofit [FR Doc. 00–21645 Filed 8–23–00; 8:45 am] organizations with active beginning BILLING CODE 3410±05±P AGENCY: Farm Service Agency, USDA. farmer or rancher programs; (5) the ACTION: Notice requesting nominations. Cooperative State Research, Education, and Extension Service; (6) Community DEPARTMENT OF COMMERCE SUMMARY: The Secretary of Agriculture colleges or other educational intends to renew the charter of the institutions with demonstrated International Trade Administration Advisory Committee on Beginning experience in training beginning farmers Farmers and Ranchers (Committee). The or ranchers; and (7) other entities or North American Free-Trade Committee provides advice to the persons providing lending or technical Agreement, Article 1904 NAFTA Panel Secretary on ways to encourage Federal assistance to qualified beginning Reviews; Request for Panel Review and State beginning farmer programs to farmers or ranchers. The Secretary has AGENCY: NAFTA Secretariat, United provide joint financing to beginning also appointed farmers and ranchers to States Section, International Trade farmers and ranchers. Nominations of the Committee. persons to serve on the Committee are Administration, Department of invited. Departmental Regulation 1042–119 Commerce. dated November 25, 1998, formally DATES: Nominations will be accepted ACTION: Notice of First Request for Panel established the Committee and Review. through September 25, 2000, and should designated FSA to provide support. FSA be submitted to Mark Falcone, is now accepting nominations of SUMMARY: On August 11, 2000, Designated Federal Official (DFO) for individuals to serve for a 2-year term on the Committee, at the address below. Whirlpool Corporation filed a First the Committee, which is comprised of Request for Panel Review with the ADDRESSES: Mark Falcone, DFO for the 18 individuals. One-third of the existing Canadian Section of the NAFTA Advisory Committee on Beginning Committee membership will be replaced Secretariat pursuant to Article 1904 of Farmers and Ranchers, Farm Service when the Committee charter expires on the North American Free Trade Agency, U.S. Department of Agriculture, November 25, 2000. The Committee will Agreement. Panel review was requested 1400 Independence Avenue, SW., Room be reestablished with the 12 old and six of the final determination made by the 5438-S, STOP 0522, Washington, DC new members thereafter. Canada Customs and Revenue Agency, 20250–0522; telephone (202) 720–1632; Reappointments are made to assure respecting Certain Top-Mount Electric FAX (202) 690–1117; e-mail effectiveness and continuity of _ Refrigerators, Electric Household mark [email protected]. operations. The duration of the Dishwashers, and Gas or Electric FOR FURTHER INFORMATION CONTACT: Committee is indefinite. No member, Laundry, Dryers, Originating in or Mark Falcone at (202) 720–1632. other than a USDA employee, can serve Exported from the United States of SUPPLEMENTARY INFORMATION: Section 5 for more than 6 consecutive years. America and Produced by, or on Behalf of the Agricultural Credit Improvement Appointments to the Committee will of, White Consolidated Industries, Inc. Act of 1992 (Pub. L. 102–554) required be made by the Secretary of Agriculture. and Whirlpool Corporation, Their the Secretary of Agriculture to establish Equal opportunity practices, in line Respective Affiliates, Successors and the Committee for the purpose of with USDA policies, will be followed in Assigns. This determination was advising the Secretary on the following: all appointments to the Committee. To published in the Canada Gazette, Part I, (1) the development of a program of ensure that the recommendations of the (Vol. 134, No. 29, pp. 2229–2230) on coordinated financial assistance to Committee have taken into account the July 15, 2000. The NAFTA Secretariat qualified beginning farmers and needs of the diverse groups served by has assigned Case Number CDA–USA– ranchers under section 309(i) of the the Department, membership should 00–1904–03 to this request. Consolidated Farm and Rural include, to the extent practicable, FOR FURTHER INFORMATION CONTACT: Development Act (Federal and State individuals with demonstrated ability to Caratina L. Alston, United States beginning farmer programs provide joint represent minorities, women, persons Secretary, NAFTA Secretariat, Suite financing to beginning farmers and with disabilities, and senior citizens. 2061, 14th and Constitution Avenue,
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Washington, D.C. 20230, (202) 482– DEPARTMENT OF COMMERCE [email protected]; web site: 5438. www.ts.nist.gov/tsap and www.oiml.org National Institute of Standards and SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: Chapter Technology 19 of the North American Free-Trade International Organization of Legal Metrology (OIML) is an Agreement (‘‘Agreement’’) establishes a Public Meeting on U.S. Technical intergovernmental treaty organization in mechanism to replace domestic judicial Participation in 11th Quadrennial which the United States and 56 other review of final determinations in Conference of the International nations participate. Its principal antidumping and countervailing duty Organization of Legal Metrology purpose is to harmonize national laws cases involving imports from a NAFTA (OIML) country with review by independent and regulations pertaining to testing and binational panels. When a Request for AGENCY: National Institute of Standards verifying the performance of legal Panel Review is filed, a panel is and Technology, Commerce. measuring instruments used for equity established to act in place of national ACTION: Meeting Announcement. in commerce, for public and worker courts to review expeditiously the final health and safety, and for monitoring SUMMARY: The National Institute of and protecting the environment. The determination to determine whether it Standards and Technology (NIST) will conforms with the antidumping or harmonized results promote the hold a public meeting to discuss U.S. international trade of measuring countervailing duty law of the country technical participation in the 11th that made the determination. instruments and products affected by Quadrennial Conference of the measurement. Under Article 1904 of the Agreement, International Organization of Legal Fifteen Recommendations will be which came into force on January 1, Metrology (OIML). The pre-conference presented for ratification by the 1994, the Government of the United public meeting is open to all interested Conference in the following two States, the Government of Canada and parties. categories: (1) Those already approved the Government of Mexico established The principal focus will be on 15 by the International Committee of Legal Rules of Procedure for Article 1904 OIML Recommendations on legal Metrology (CIML) between 1997 and Binational Panel Reviews (‘‘Rules’’). measuring instruments that will be 1997; and (2) those that are expected to These Rules were published in the presented for ratification by the be submitted directly to the Conference Federal Register on February 23, 1994 Conference. These Recommendations for approval. These Recommendations (59 FR 8686). and OIML-member nations’ technical and the OIML-member nations holding A first Request for Panel Review was comments on them will be reviewed the responsible secretariat for their filed with the Canadian Section of the with interested parties who will be development are as follows: NAFTA Secretariat, pursuant to Article given an opportunity to present their 1904 of the Agreement, on May 12, views on the Recommendations and Category 1 2000, requesting panel review of the other relevant issues of the Conference. R49 Water meters intended for the final determination described above. Participants with an expressed metering of cold potable water The Rules provide that: interest in particular topics may obtain (United Kingdom) (a) a Party or interested person may copies of the OIML Conference R60 Metrological regulation for load challenge the final determination in technical agenda, including copies of cells (USA) whole or in part by filing a Complaint the Recommendations to be ratified. R65 Force measuring system of in accordance with Rule 39 within 30 Interested parties should schedule oral uniaxial material testing machines days after the filing of the first Request presentations for the pre-conference (USA) for Panel Review (the deadline for filing meeting, providing a written summary R81 Dynamic measuring devices and a Complaint is September 11, 2000); of comments, no later than 22 systems for cryogenic liquids (USA) September 2000 with the NIST R85 Automatic level gauges for (b) a Party, investigating authority or Technical Standards Activities Program. measuring the level of liquid in fixed interested person that does not file a Written comments are welcome at any storage tanks (Austria) Complaint but that intends to appear in time. R93 Focimeters (Hungary) support of any reviewable portion of the DATES: Pre-conference meeting at the R99 Instruments for measuring final determination may participate in exhaust emissions (Netherlands) the panel review by filing a Notice of National Institute of Standards and Technology: 26 September 2000 from R125 Measuring systems for the mass Appearance in accordance with Rule 40 of liquids in tanks (Australia) within 45 days after the filing of the first 10:00 a.m. to 12:00 noon; Eleventh OIML International Conference of Legal R126 Evidential breath analyzers Request for Panel Review (the deadline (France) for filing a Notice of Appearance is Metrology in London, England: 9–13 October 2000. R127 Radiochromic film dosimetry September 25, 2000); and system for ionizing radiation ADDRESSES: (c) the panel review shall be limited Pre-conference meeting: processing of materials and products to the allegations of error of fact or law, National Institute of Standards and (USA) including the jurisdiction of the Technology (NIST North), Conference R128 Ergometers for foot crank work investigating authority, that are set out Room 152, 80 West Diamond Avenue, (Germany) in the Complaints filed in the panel Gaithersburg, MD; International R129 Multi-dimensional measuring review and the procedural and Conference: Queen Elizabeth II instruments (Australia) Conference Centre, London, England. substantive defenses raised in the panel Category 2 review. FOR FURTHER INFORMATION CONTACT: Mr. Ralph Richter, Technical Standards —Draft OIML Recommendation: Octave- Dated: August 15, 2000. Activities Program, Office of Standards band and one-third octave-band filters Caratina L. Alston, Services, National Institute of Standards (Germany) United States Secretary, NAFTA Secretariat. and Technology, Gaithersburg, MD —Draft OIML Recommendation: [FR Doc. 00–21588 Filed 8–23–00; 8:45 am] 2099–2150; telephone: 301/975–4025; Polymethylmethacrylate dosimetry BILLING CODE 3510±GT±P fax: 301/975–5414; e-mail: system for ionizing radiation
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processing of materials and products to prevent fishing. The bulk of the DEPARTMENT OF COMMERCE (USA) information requirements associated —Draft OIML Recommendation: with this program are approved under National Oceanic and Atmospheric Alanine EPR dosimetry system for OMB Control Number 0648-0376. In Administration ionizing radiation processing of May of 2000, however, NOAA obtained [I.D. 081800C] materials and products (USA) emergency clearance from OMB to August 16, 2000. conduct advanced referenda concerning Individual Fishing Quota (IFQ) Prior Karen Brown, buyback programs. Certain other Notice of Landing Report existing requirements were clarified. Deputy Director. AGENCY: National Oceanic and NOAA is now requesting OMB for [FR Doc. 00–21622 Filed 8–23–00; 8:45 am] Atmospheric Administration (NOAA). regular Paperwork Reduction Act BILLING CODE 3510±33±M ACTION: approval for these requirements. Proposed information collection; comment request. II. Method of Collection DEPARTMENT OF COMMERCE SUMMARY: The Department of Hard copies of material will usually Commerce, as part of its continuing National Oceanic and Atmospheric be submitted. effort to reduce paperwork and Administration respondent burden, invites the general III. Data [I.D. 081800E] public and other Federal agencies to OMB Number: 0648-0413. take this opportunity to comment on Fishing Capacity Reduction Program proposed and/or continuing information Advanced Referenda and Other Form Number: None. collections, as required by the Requirements Type of Review: Regular submission. Paperwork Reduction Act of 1995, Affected Public: Business and other Public Law 104–13 (44 U.S.C. AGENCY: National Oceanic and 3506(c)(2)(A)). Atmospheric Administration (NOAA). for-profit organizations, individuals and households. DATES: Written comments must be ACTION: Proposed collection; comment submitted on or before October 23, request. Estimated Number of Respondents: 800. 2000. SUMMARY: The Department of Estimated Time Per Response: 4 ADDRESSES: Direct all written comments Commerce, as part of its continuing hours. to Linda Engelmeier, Departmental effort to reduce paperwork and Forms Clearance Officer, Department of respondent burden, invites the general Estimated Total Annual Burden Commerce, Room 6086, 14th and public and other Federal agencies to Hours: 3,200. Constitution Avenue NW, Washington take this opportunity to comment on Estimated Total Annual Cost to DC 20230 (or via Internet at proposed and/or continuing information Public: $0. [email protected]). collections, as required by the FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, IV. Request for Comments Requests for additional information or Public Law 104–13 (44 U.S.C. Comments are invited on: (a) Whether copies of the information collection 3506(c)(2)(A)). the proposed collection of information instrument(s) and instructions should DATES: Written comments must be is necessary for the proper performance be directed to Patsy A. Bearden, submitted on or before October 23, of the functions of the agency, including National Marine Fisheries Service, 2000. whether the information shall have Alaska Region, P.O. Box 21668, Juneau, ADDRESSES: Direct all written comments practical utility; (b) the accuracy of the Alaska 99802, Telephone number 907– to Linda Engelmeier, Departmental agency ’sestimate of the burden 586–7008. Forms Clearance Officer, Department of (including hours and cost) of the SUPPLEMENTARY INFORMATION: proposed collection of information; Commerce, Room 6086, 14th and I. Abstract Constitution Avenue NW, Washington (c)ways to enhance the quality, utility, DC 20230 (or via Internet at and clarity of the information to be The National Marine Fisheries Service [email protected]). collected; and (d) ways to minimize the is requesting comments on a revision to burden of the collection of information a collection of information that supports FOR FURTHER INFORMATION CONTACT: the Individual Fishing Quota (IFQ) Requests for additional information or on respondents, including through the use of automated collection techniques Program for fixed-gear Pacific halibut copies of the information collection and sablefish fisheries off Alaska. Vessel instrument(s) and instructions should or other forms of information technology. operators would be required to report be directed to Richard Roberts, OFA1x1, IFQ regulatory area on the IFQ Prior Station 8118, NOAA, 1305 East West Comments submitted in response to Notice of Landing (PNOL) report in Highway, Silver Spring, MD 20910 (301- this notice will be summarized and/or addition to the currently required 713-3525, ext. 115). included in the request for OMB information about the anticipated IFQ SUPPLEMENTARY INFORMATION: approval of this information collection; offload. they also will become a matter of public I. Abstract record. II. Method of Collection The National Oceanic and Dated: August 17, 2000 An IFQ vessel operator provides the Atmospheric Administration (NOAA) information by telephone to a NOAA Madeleine Clayton, conducts a program to reduce excess Enforcement Officer or U.S. Coast Guard fishing capacity by paying fishermen to Management Analyst, Office of the Chief Officer prior to IFQ offloading. (1) surrender their fishing permits, or (2) Information Officer. to both surrender their permits and [FR Doc. 00–21680 Filed 8–23–00; 8:45 am] III. Data either scrap or restrict their vessel titles Billing Code: 3510±22±F OMB Number: 0648–0272.
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Form Number: None. guidance for siting and operating Conduct as a starting point for the Type of Review: Regular submission. aquaculture facilities in the Exclusive development of regulatory standards in Affected Public: Business and other Economic Zone (EEZ) seaward of coastal the future. for-profit organizations. state boundaries and authorities. NMFS The United States was an active Estimated Number of Respondents: is holding three workshops to gather 4,700. participant in the 1993-1995 information that will be used to develop consultations that led to the adoption by Estimated Time Per Response: 8 a draft Code of Conduct. The workshops the Food and Agriculture Organization seconds for added data element. are open to the public. Estimated Total Annual Burden of the United Nations (FAO) of the Code DATES: The meeting dates are: of Conduct for Responsible Fisheries Hours: 33. 1. Seattle, WA, September 7, 2000, 10 Estimated Total Annual Cost to (FAO Code). While the FAO Code is a a.m.–3 p.m. Public: $0. 2. Danvers, MA, September 14, 2000, voluntary and non-binding instrument, the United States has consistently IV. Request for Comments 10 a.m.–3 p.m. 3. Galveston, TX; September 20, 2000, supported its usefulness as an Comments are invited on: (a) Whether 10 a.m.–3 p.m. internationally agreed upon statement of the proposed collection of information principles that should govern the is necessary for the proper performance ADDRESSES: The workshop locations are: 1. Seattle: National Marine Fisheries policies of FAO members in all sectors of the functions of the agency, including of the fishing industry, including whether the information shall have Service, NMFS, Northwest Fisheries Science Center, 2725 Montlake aquaculture, which is addressed in practical utility; (b) the accuracy of the Article 9 of the FAO Code. Although the agency’s estimate of the burden Boulevard E., Seattle, WA. 98112. 2. Danvers: King’s Grant Inn, Route Code of Conduct being developed for (including hours and cost) of the 128 at Trask Lane, Danvers, MA 01923 the U.S. EEZ does not have to follow the proposed collection of information; (c) 3. Galveston: National Marine FAO model, the FAO Code is an ways to enhance the quality, utility, and Fisheries Service, Galveston Laboratory, important reference instrument. A copy clarity of the information to be 4700 Avenue U, Galveston, TX 77551. of the aquaculture section (Article 9) of collected; and (d) ways to minimize the FOR FURTHER INFORMATION CONTACT: the FAO Code can be obtained from the burden of the collection of information Edwin Rhodes at (301) 713–2334 or contact persons listed here, and can be on respondents, including through the found on the internet at http:// use of automated collection techniques Colin Nash at (360) 871–8309. For www.fao.org/fi/agreem/codecond/ or other forms of information specific workshop information contact: ficonde.asp technology. Seattle, WA, Colin Nash, (360) 871– Comments submitted in response to 8309; Danvers, MA, Harry Mears, (978) NMFS will develop the Code of this notice will be summarized and/or 281–9243; Galveston, TX, Roger Conduct in steps. The first step is to get included in the request for OMB Zimmerman, (409) 766–3500. stakeholder input in September, 2000, approval of this information collection; SUPPLEMENTARY INFORMATION: to assist in Code of Conduct they also will become a matter of public development. NMFS, in consultation Background record. with other Federal agencies with NMFS has Federal responsibility for Dated: August 17, 2000. authorities in Federal waters, will the living marine resources of the Madeleine Clayton, consider this stakeholder input in United States. Under authorities of the producing a draft Code of Conduct, Management Analyst, Office of the Chief Magnuson-Stevens Fishery Information Officer. which will be made available for public Conservation and Management Act, comment through a Federal Register [FR Doc. 00–21682 Filed 8–23–00; 8:45 am] NMFS has responsibility for Federally notice early in 2001. Public comments BILLING CODE 3510±22±F managed species and for the will be addressed in formulating a final conservation and enhancement of Code of Conduct, which will be essential fish habitat in the zone DEPARTMENT OF COMMERCE published in the Federal Register before seaward of coastal state boundaries to January, 2002. National Oceanic and Atmospheric the 200 nautical mile limit of the EEZ. Regional Workshops Administration NMFS has additional responsibilities for threatened and endangered species and [I.D. 081700A] for marine mammals under authorities NMFS will hold three regional of the Endangered Species Act and the workshops to receive stakeholder input Development of a Code of Conduct for Marine Mammal Protection Act. NMFS for development of the Code of Conduct. Responsible Aquaculture in the United anticipates increasing aquaculture NMFS seeks input on the scope, States Exclusive Economic Zone; activity in the EEZ. In order to provide content, specificity and use of a Code of Public Workshops guidance to potential users of the U.S. Conduct that can be used to help guide aquaculture development in the EEZ. AGENCY: National Marine Fisheries EEZ for aquaculture, NMFS, with broad Service (NMFS), National Oceanic and stakeholder input, will produce a Code Areas for discussion include, but are not Atmospheric Administration (NOAA), of Conduct for Responsible Aquaculture limited to, species choices, siting, Commerce. in the United States Exclusive Economic transboundary considerations, design and construction of facilities, disease ACTION: Notice of public workshops. Zone. It is the purpose of such a Code of Conduct to provide general guidance prevention and control, feeds and SUMMARY: NMFS publishes information to the aquaculture industry for siting feeding protocols, effluents and regarding stakeholder input to the and operating aquaculture facilities in pollution,interactions with wild species development of a Code of Conduct for this zone, and to provide NMFS with a and protected resources, general Responsible Aquaculture in the U.S. framework that can be used to ensure a operations, stock enhancement, use Exclusive Economic Zone (Code of more consistent review of aquaculture conflict resolution, and on-shore Conduct). It is the purpose of such a projects that require agency actions. impacts. The workshops are open to all Code of Conduct to provide general NMFS may also use the Code of interested persons.
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Special Accommodations SUPPLEMENTARY INFORMATION: The Marine Reserves Committee will meet to review informal meeting, public Meeting Dates The workshops will by physically scoping meeting and Marine Reserves accessible to people with disabilities. September 18, 2000, 1:30 p.m.–3:30 AP input and comments and develop Requests for sign language p.m.—Joint Executive/Finance recommendations to Council and staff, interpretation or other auxiliary aids Committee Meeting; develop Committee recommendations should be directed to Edwin Rhodes at The Executive and Finance on the Gray’s Reef Memorandum of least 5 days prior to the meeting date. Committees will meet jointly to review Understanding (MOU), develop an update on the CY (Calendar Year) Dated: August 21, 2000. Committee comments/recommendations 2000 budget, review and approve the Bruce C. Morehead, on NMFS White Paper and discuss the proposed CY 2001 activities schedule, closed area law suit in the Gulf of Acting Director, Office of Sustainable budget and Operations Plan. The Mexico. Fisheries, National Marine Fisheries Service. committees will also discuss Atlantic September 20, 2000, 2:30 p.m.–5:30 [FR Doc. 00–21678 Filed 8–23–00; 8:45 am] Coastal Cooperative Statistic Program p.m.—Dolphin Wahoo Committee BILLING CODE 3510±22±F (ACCSP) funding. Meeting; September 18, 2000, 3:30 p.m.–5:00 The Dolphin Wahoo Committee will p.m.—Advisory Panel Selection meet to review comments on the DEPARTMENT OF COMMERCE Committee (closed); The Advisory Panel Selection Dolphin Wahoo FMP from the public National Oceanic and Atmospheric Committee will meet to review hearings, written material received, Administration membership applications and develop advisory panel members and NMFS. recommendations. The Committee will also review Gulf and Caribbean Council actions. [I.D. 081700D] September 19, 2000, 8:30 a.m. to 10:00 a.m.—Shrimp Committee September 21, 2000, 8:30 a.m.–12:00 South Atlantic Fishery Management Meeting; noon—Dolphin Wahoo Committee Council; Public Meetings The Shrimp Committee will meet to Meeting (continued); develop recommendations on the The Dolphin Wahoo Committee will AGENCY: National Marine Fisheries revised NMFS BRD Protocol, review continue its meeting and develop final Service (NMFS), National Oceanic and input from the Rock Shrimp AP and Committee recommendations on the Atmospheric Administration (NOAA), discuss controlled access for the rock Dolphin Wahoo Fishery Management Commerce. shrimp fishery, develop Plan. recommendations for the Controlled September 21, 2000, 1:30 p.m.–6:15 ACTION: Notice of public meetings. Access Committee, review the proposal p.m.—Council Session; to use traps to fish for royal red shrimp From 1:30 p.m.–1:45 p.m., the Council SUMMARY: The South Atlantic Fishery in the Exclusive Economic Zone and will call the meeting to order, adopt the Management Council (Council) will develop a committee recommendation. agenda and approve minutes from the hold meetings of its Advisory Panel September 19, 2000, 10:00 a.m.–12:00 June 2000 meeting. (AP) Selection Committee (closed), noon—Controlled Access Committee From 1:45 p.m.–2:15 p.m., the Council Shrimp Committee, Controlled Access Meeting; will hold elections to decide on a new Committee, Snapper Grouper The Controlled Access Committee Chairman and Vice-Chairman and make Committee, Habitat Committee, Marine will meet to hear a presentation on presentations. Reserves Committee, Dolphin Wahoo vessel capacity issues and develop From 2:15 p.m.- 2:45 p.m., the Committee and a joint meeting of the committee recommendations regarding Council will hear a Coast Guard Executive and Finance Committees. vessel capacity issues. The Committee presentation from Admiral Allen. Public comment periods will be held on will also develop options for rock From 2:45 p.m.–3:15 p.m., the Council the proposed Dolphin Wahoo Fishery shrimp controlled access and provide will consider a request from the South Management Plan (FMP) and the direction to Council staff. Carolina Aquarium for an extension of September 19, 2000, 1:30 p.m.–5:00 Bycatch Reduction Device (BRD) their Exempted Fisheries Permit (EFP). p.m.—Snapper Grouper Committee Testing Protocol Manual. There will Meeting; From 3:15 p.m.–5:15 p.m., the Council also be a Council Session. The Snapper Grouper Committee will will hold a public comment period regarding the Dolphin Wahoo FMP DATES: The meetings will be held from meet and hear an update on Maximum (beginning at 3:15 p.m.), hear a report September 18–22, 2000. See Sustainable Yield and overfishing definitions, discuss the status of the red from the Dolphin Wahoo Committee, SUPPLEMENTARY INFORMATION for specific finalize the FMP and approve it for dates and times. porgy assessment and projections peer review, and review the status of data submission to the Secretary of ADDRESSES: The meetings will be held at available on the harvest of snapper Commerce. the Town & Country Inn, 2008 grouper species with powerheads. From 5:15 p.m.–5:45 p.m., the Council Savannah Highway, Charleston, SC September 20, 2000, 8:30 a.m.–10:30 will hold a public comment period on 29407; telephone: (843) 571–1000 or 1– a.m.—Habitat Committee Meeting; the BRD Testing Protocol Manual 800–334–6660. The Habitat Committee will meet to (beginning at 5:15 p.m.), hear a report Council address: South Atlantic review and comment on permits as from the Shrimp Committee, finalize Fishery Management Council, One required, hear a report on the Habitat and approve the revised BRD Testing Protocol Manual and make a decision Southpark Circle, Suite 306; Charleston, Advisory Panel meeting, discuss on the proposal to use traps to fish for SC 29407–4699. development of an ecosystem plan and discuss development of a beach royal red shrimp. FOR FURTHER INFORMATION CONTACT: Kim renourishment policy. From 5:45 p.m.–6:15 p.m., the Council Iverson, Public Information Officer; September 20, 2000, 10:30 a.m.–12:00 will hear a report from the Executive/ telephone: (843) 571–4366; fax: (843) noon, 1:30 p.m.–2:30 p.m.—Marine Finance Committee, approve CY 2001 769–4520; email: [email protected] Reserves Committee Meeting; Activities Schedule, approve the CY
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2001 budget and approve the Council public has been notified of the Council’s State, NMFS publishes, for public Operations Plan. intent to take final action to address the review and comment, summaries of September 22, 2000, 8:30 a.m.–12:30 emergency. applications received by the Secretary of p.m.—Council Session State requesting permits for foreign Special Accommodations From 8:30 a.m.–8:45 a.m., the Council fishing vessels to fish in the U.S. EEZ will hear a report from the Advisory These meetings are physically under provisions of the Magnuson- Panel Selection Committee and appoint accessible to people with disabilities. Stevens Act (16 U.S.C. 1801 et seq.). new advisory panel members. Requests for sign language This notice concerns the receipt of an From 8:45 a.m.–9:00 a.m., the Council interpretation or other auxiliary aids application from the Government of will hear a report from the Snapper should be directed to the Council office Lithuania requesting authorization to Grouper Committee. (see ADDRESSES) by September 8, 2000. conduct joint venture (JV) operations in From 9:00 a.m.–9:30 a.m., the Council Dated: August 17, 2000. 2001 in the Northwest Atlantic Ocean will hear a report from the Controlled for Atlantic mackerel and Atlantic Richard W. Surdi, Access Committee, make herring. The large stern trawler/ recommendations on vessel capacity Acting Director, Office of Sustainable processors MAIRONIS and UTENA are Fisheries, National Marine Fisheries Service. issues and make a decision on identified as the Lithuanian vessels that proceeding with rock shrimp controlled [FR Doc. 00–21683 Filed 8–23–00; 8:45 am] would receive Atlantic mackerel and access. BILLING CODE 3510±22±F Atlantic herring from U.S. vessels in JV From 9:30 a.m.–9:45 a.m., the Council operations. The application also will hear a report from the Habitat requests that the Government of DEPARTMENT OF COMMERCE Committee and consider permits as Lithuania be allocated 2,000 metric tons required. National Oceanic and Atmospheric (mt) of Atlantic mackerel and 1,000 mt From 9:45 a.m.–10:15 a.m., the Administration of Atlantic herring for harvest by the Council will hear a report from the named vessels in 2001. [I.D. 081100C] Marine Reserves Committee, take action Dated: August 16, 2000. on considering the Gray’s Reef MOU, Bruce C. Morehead, develop comments and Permits; Foreign Fishing Acting Director, Office of Sustainable recommendations on the NMFS White AGENCY: National Marine Fisheries Fisheries, National Marine Fisheries Service Paper and direct Council staff on how Service (NMFS), National Oceanic and [FR Doc. 00–21544 Filed 8–23–00; 8:45 am] to proceed. Atmospheric Administration (NOAA), Billing Code: 3510±22±S From 10:15 a.m.–10:45 a.m., the Commerce. Council will hear a presentation on the ACTION: Notice of receipt of foreign Southeast Region’s Permitting System. fishing application. From 10:45 a.m.–11:15 a.m., the DEPARTMENT OF DEFENSE Council will hear a report on the SUMMARY: NMFS publishes for public Department of the Air Force southeastern shark drift net fishery. review and comment a summary of an From 11:15 a.m.–11:30 a.m., the application submitted by the Proposed Collection; Comment Council will hear an update on ACCSP. Government of Lithuania requesting Request From 11:30 a.m.–12:00 noon, the authorization to conduct fishing Council will hear updates on economic operations in the U.S. Exclusive AGENCY: Department of the Air Force, and social issues. Economic Zone (EEZ) in 2001 under DoD. From 12:00 noon–12:30 p.m., the provisions of the Magnuson-Stevens ACTION: Notice. Council will hear NMFS Status Reports Fishery Conservation and Management In compliance with section on 2000/2001 Mackerel Framework, Act (Magnuson-Stevens Act). Mackerel Amendment 12, Greater 3506(c)(2)(A) of the Paperwork ADDRESSES: Comments may be Amberjack trip limit resubmittal and Reduction Act of 1995, the Office of submitted to NMFS, Office of Georgia Special Management Zones Admissions announces the proposed Sustainable Fisheries, International (SMZs). Council will also hear NMFS reinstatement of a public information Fisheries Division, 1315 East-West Status Reports on Landings for Atlantic collection and seeks public comment on Highway, Silver Spring, MD 20910; and/ king mackerel, Gulf king mackerel the provisions thereof. Comments are or to the Regional Fishery Management (eastern zone), Atlantic Spanish invited on: (a) Whether the proposed Councils listed below: collection of information is necessary mackerel, Snowy grouper & Golden Paul J. Howard, Executive Director, tilefish, wreckfish, greater amberjack for the proper performance of the New England Fishery Management functions of the agency, including and south Atlantic Octocorals. Council, 50 Water Street, Mill 2, From 12:30 p.m.–1:00 p.m., Council whether the information shall have Newburyport, MA 01905, Phone (978) will hear agency and liaison reports and practical utility; (b) the accuracy of the 465-0492, Fax (978) 465-3116; discuss other business and upcoming agency’s estimate of the burden of the Daniel T. Furlong, Executive Director, proposed information collection; (c) meetings. Mid-Atlantic Fishery Management Although non-emergency issues not ways to enhance the quality, utility, and Council, Federal Building, Room 2115, contained in this agenda may come clarity of the information to be 300 South New Street, Dover, DE 19904, before this Council for discussion, those collected; and (d) ways to minimize the Phone (302) 674-2331, Fax (302) 674- issues may not be the subjects of formal burden of the information collection on 4136. Council action during this meeting. respondents, including the use of Council action will be restricted to those FOR FURTHER INFORMATION CONTACT: automated collection techniques or issues specifically listed in this notice Robert A. Dickinson, Office of other forms of information technology. and any issues arising after publication Sustainable Fisheries, (301) 713-2276. DATES: Consideration will be given to all of this notice that require emergency SUPPLEMENTARY INFORMATION: In comments received by October 23, 2000. action under section 305 (c) of the accordance with a Memorandum of ADDRESSES: Written comments and Magnuson-Stevens Act, provided the Understanding with the Secretary of recommendations on the proposed
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DEPARTMENT OF DEFENSE entitled ‘‘Self-Piercing Pulse Oximeter Government as represented by the Sensor Assembly’’, filed September 3, Secretary of the Army. Department of the Army 1999. Foreign rights are also available. ADDRESSES: Commander, U.S. Army This patent application has been Medical Research and Materiel Availability for Non-Exclusive, assigned to the United States Command, ATTN: Command Judge Exclusive, or Partially Exclusive Government as represented by the Advocate, MCMR–JA, 504 Scott Street, Licensing of U.S. Patent Application Secretary of the Army. Fort Detrick, Frederick, Maryland Concerning Protective Monoclonal 21702–5012. Antibody Against Botulinum ADDRESSES: Commander, U.S. Army FOR FURTHER INFORMATION CONTACT: Neurotoxin Serotype F Medical Research and Materiel For Command, ATTN: Command Judge patent issues, Ms. Elizabeth Arwine, AGENCY: U.S. Army Medical Research Advocate, MCMR-JA, 504 Scott Street, Patent Attorney, (301) 619–7808. For and Materiel Command, DoD. Fort Detrick, Frederick, Maryland licensing issues, Paul Mele, Office of ACTION: Notice. 21702–5012. Research & Technology Assessment, (301) 619–6664. Both at telefax (301) FOR FURTHER INFORMATION CONTACT: For SUMMARY: In accordance with 37 CFR 619–5034. 404.6, announcement is made of the patent issues, Ms. Elizabeth Arwine, Patent Attorney, (301) 619–7808. For SUPPLEMENTARY INFORMATION: The availability for licensing of U.S. Patent α licensing issues, Paul Mele, Office of invention is related to use of PMPA, - Application Serial Number 08/504,969 β Research & Technology Assessment, NAAG and -NAAG to prevent and treat entitled ‘‘Protective Monoclonal conditions arising from exposure of Antibody Against Botulinum (301) 619–6664. Both at telefax (301) 619–5034. neuronal tissue to toxins, injury, Neurotoxin Serotype F’’, filed July 20, ischemia and hypoxia. Target tissues 1995. This patent has been assigned to SUPPLEMENTARY INFORMATION: A self- include the brain, spinal cord and the United States Government as piercing pulse oximeter sensor for retina. represented by the Secretary of the attachment to a subject. The device Army. includes a flexible pulse oximeter Gregory D. Showalter, Army Federal Register Liaison Officer. ADDRESSES: Commander, U.S. Army sensor, an earring post, and a grommet. Medical Research and Materiel The earring post may be used as a [FR Doc. 00–21658 Filed 8–23–00; 8:45 am] Command, ATTN: Command Judge piercing device if there is not a pierced BILLING CODE 3710±08±P Advocate, MCMR–JA, 504 Scott Street, body part suitable for attaching the Fort Detrick, Frederick, Maryland pulse oximeter sensor to the body. DEPARTMENT OF DEFENSE 21702–5012. Otherwise the earring post may be slid into the pierced hole. In either case, the FOR FURTHER INFORMATION CONTACT: For tip of the earring post engages a Department of the Army; Corps of patent issues, Ms. Elizabeth Arwine, grommet once passing through the body Engineers Patent Attorney, (301) 619–7808. For part. Thus, the pulse oximeter sensor licensing issues, Paul Mele, Office of Notice of Intent To Prepare Draft functions in a transilluminance mode by Research & Technology Assessment, Supplement No. 1 to the Final transmitting light through the pierced (301) 619–6664. Both at telefax (301) Environmental Impact Statement body part. 619–5034. [FEIS] for Operation and Maintenance, SUPPLEMENTARY INFORMATION: The Gregory D. Showalter, Lake Greeson, Lake Ouachita, and subject application invention relates to Army Federal Register Liaison Officer. DeGray Lake, Arkansas a monoclonal antibody protective [FR Doc. 00–21656 Filed 8–23–00; 8:45 am] AGENCY: U.S. Army Corps of Engineers, against botulinum neurotoxin serotype BILLING CODE 3710±08±U Vicksburg District, DOD. F, and to methods of preparation and ACTION: Notice of intent. use thereof. DEPARTMENT OF DEFENSE Gregory D. Showalter, SUMMARY: The purpose of the proposed action is to evaluate the environmental Army Federal Register Liaison Officer. Department of the Army impacts of the U.S. Army Corps of [FR Doc. 00–21659 Filed 8–23–00; 8:45 am] Engineers proposed continued operation BILLING CODE 3710±08±U Availability for Non-Exclusive, Exclusive, or Partially Exclusive and maintenance activities at Lake Licensing of U.S. Patent Application Greeson, Lake Ouachita, and DeGray DEPARTMENT OF DEFENSE Concerning Treatment or Prophylaxis Lake, Arkansas. of Retinal Pathology and Spinal Cord FOR FURTHER INFORMATION CONTACT: Mr. Department of the Army Injury Wendell King (telephone (601) 631– 5967), CEMVK–PP–PQ, 4155 Clay Availability for Non-Exclusive, AGENCY: U.S. Army Medical Research Street, Vicksburg, Mississippi 39183– Exclusive, or Partially Exclusive and Materiel Command, DoD. 3435. Licensing of U.S. Patent Application ACTION: Notice. SUPPLEMENTARY INFORMATION: Lake Concerning Self-Piercing Pulse Greeson, Lake Ouachita, and DeGray Oximeter Sensor Assembly SUMMARY: In accordance with 37 CFR Lake are part of a comprehensive plan AGENCY: U.S. Army Medical Research 404.6, announcement is made of the for flood control, navigation, and and Materiel Command, DoD. availability for licensing of U.S. Patent hydroelectric power production for the ACTION: Notice. Application Serial Number 09/133,805 Ouachita River Basin. Lake Greeson is entitled ‘‘Treatment or Prophylaxis of located on the Little Missouri River in SUMMARY: In accordance with 37 CFR Retinal Pathology and Spinal Cord Pike County, Arkansas, 6 miles north of 404.6, announcement is made of the Injury’’, filed August 13, 1998. Foreign Murfreesboro, and 64 miles southwest availability for licensing of U.S. Patent rights are also available. This patent has of Hot Springs. Lake Ouachita is located Application Serial Number 09/389,347 been assigned to the United States on the Ouachita River in Garland and
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Montgomery Counties, Arkansas, 13 scoping meetings are tentatively intervene or protest should be filed on miles west of Hot Springs. DeGray Lake scheduled to be held in Arkansas in or before September 8, 2000. Protests is located on the Caddo River in Clark September 2000. The Environmental will be considered by the Commission and Hot Spring Counties, Arkansas, 8 Protection Agency, U.S. Fish and in determining the appropriate action to miles north of Arkadelphia. Wildlife Service, Natural Resources be taken but will not serve to make Lake Greeson was authorized by the Conservation Service, Arkansas protestants parties to the proceeding. Flood Control Act of 18 August 1941, Department of Environmental Quality, Any person wishing to become a party Public Law 228, 77th Congress, 1st and Arkansas Game and Fish must file a motion to intervene. Copies Session, as amended by the Flood Commission will be invited to become of this filing are on file with the Control Act of 22 December 1944. It is cooperating agencies. All interested Commission and are available for public now officially named ‘‘Narrows Dam- agencies, groups, tribes,and individuals inspection. Lake Greeson.’’ Lake Ouachita was will be sent copies of the Draft David P. Boergers, authorized by the Flood Control Act of Supplemental EIS and FEIS. 22 December 1944, Public Law 534, The Draft Supplemental EIS is Secretary. 78th Congress, Chapter 655, 2nd scheduled to be completed in October [FR Doc. 00–21602 Filed 8–23–00; 8:45 am] Session, House Report No. 4485, which 2001. BILLING CODE 6717±01±M adopted the plan as set forth in House Document No. 647. It is now officially Robert Crear, ‘‘Blakely Mountain Dam-Lake Colonel, Corps of Engineers, District Engineer. DEPARTMENT OF ENERGY Ouachita.’’ DeGray Lake was authorized [FR Doc. 00–21654 Filed 8–23–00; 8:45 am] by Congress in the Rivers and Harbors BILLING CODE 3710±PU±M Federal Energy Regulatory Act of 1950. Commission The authorized purposes of Lake [Docket No. CP00±434±000] Greeson and Lake Ouachita are flood DEPARTMENT OF ENERGY control and hydroelectric power Columbia Gulf Transmission production. This authority was Federal Energy Regulatory Company; Application amended by Section 4 of the Flood Commission August 18, 2000. Control Act of 1944 to include public [Docket No. CP00±438±000] recreation on these projects. Authority Take notice that on August 9, 2000, to construct, maintain, and operate Columbia Gas Transmission Columbia Gulf Transmission Company public parks and recreational facilities Corporation; Filing (Columbia Gulf), 2603 Augusta, Suite at water resource development projects 125, Houston, Texas 77057–5637, filed under the control of the Department of August 18, 2000. in Docket No. CP00–434–000 an the Army was granted under section 207 Take notice that on August 14, 2000, application pursuant to Sections 7(c) of the Flood Control Act of 1962. The Columbia Gas Transmission Corporation and 7(b) of the Natural Gas Act for authorized purposes of DeGray Lake are (Columbia) filed an application permission and approval for Columbia flood control, hydroelectric power, requesting permission under NGA Gulf to construct and operate certain water supply, navigation, and Section 7(b) to abandon by sale 3.54 replacement natural gas facilities and to recreation. Lake Greeson became BCF of base gas located in Columbia’s abandon the facilities being replaced operational in 1950; Lake Ouachita Storage system. The application may be due to the age and condition of the became operational in 1953; and DeGray viewed on the web at www.ferc.fed.us/ facilities, located in Powell County, Lake was placed into operation in 1972. online/rims.htm. Call (202) 208–2222 Kentucky, all as more fully set forth in The FEIS for Operation and for assistance. the application which is on file with the Maintenance, Lake Greeson, lake It is stated that operational Commission and open to public Ouachita, and DeGray Lake, Arkansas, efficiencies within various Storage inspection. This filing may be viewed was completed by the Corps in Fields have reduced Columbia’s need to on the web at http://www.ferc.fed.us/ September 1977. The proposed action maintain the historic levels of base gas. online/rims.htm (call 202–208–2222 for will evaluate the environmental impacts The disposition of proceeds from the assistance). of Corps continued conduct of operation proposed sale of the base gas will be Columbia Gulf proposes to construct and maintenance activities in support of made pursuant to Section C, of Article and operate one 14,470 horsepower (HP) the authorized project purposes for the IV, of Stipulation II of the Settlement in compressor unit and appurtenances and lakes. Docket No. RP95–408 Columbia Gas abandon one 12,050 HP compressor unit The significant issues tentatively Transmission Corp., 79 FERC Paragraph and appurtenances, located in Powell identified for evaluation of the 61,044 (1997). This settlement defines County, Kentucky. environmental impacts of operation and future additional sales of base gas no Columbia Gulf states that the unit maintenance activities include (1) longer needed by Columbia as a result proposed for replacement, designated as impacts of flood control storage, (2) of more efficient operation of its storage Columbia Gulf’s Unit 105, is part of impacts of hydroelectric generation, (3) fields. Columbia will comply with the their Stanton Compressor Station, impacts to water supply storage, and (4) annual reporting requirements provided which currently consists of six impacts to resource management, for in Section D of Article IV. compressor units. Columbia Gulf asserts including concession expansions. Any person desiring to be heard or to that the unit is a Pratt and Whitney The National Environmental Policy protest said filing should file a motion GG3C–1 gas turbine unit with a rating Act (40 CFR part 1501.7) requires all to intervene or protest with the Federal of 12,050 HP, constructed and placed in Federal agencies preparing EIS’s to Energy Regulatory Commission, 888 service in 1964, under the authority conduct a process termed ‘‘scoping.’’ First Street, NE., Washington, DC 20426, granted in Docket No. CP64–1. This scoping process determines the in accordance with Rules 211 or 214 of Columbia Gulf states that due to the issues to be addressed and identifies the the Commission’s Rules of Practice and age of the unit, replacement parts are significant issues related to a proposed Procedure (18 CFR Section 385.211 or not readily available, making repairs action. To accomplish this, public Section 385.214). All such motions to and maintenance difficult. Columbia
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El Paso requests expedited treatment compressor unit, comprising a total of proceeding or to participate as a party of the abandonment application to 26,250 ISO horsepower; and (2) in any hearing therein must file a facilitate the transfer of the subject interconnecting drive units, with motion to intervene in accordance with compression facilities and to provide for appurtenant piping and related the Commission’s Rules. a seamless operational transition. equipment (Waha Field Compression A person obtaining intervenor status El Paso indicates that on November Facilities). As a consequence, El Paso will be placed on the service list 10, 1999, the Commission issued an states that it does not desire to own and maintained by the Commission and will order in response to the Williams Field operate these Waha Field Compression Services Group, Inc. (Williams) Facilities as ‘‘gathering facilities’’ since receive copies of all documents filed by compliant at Docket No. RP99–471–000. the ownership and operation of the the Applicant and by every one of the El Paso also indicates that the gathering facilities by El Paso would not intervenors. An intervenor can file for Commission found that the ‘‘A’’ Plant at be consistent with its past corporate rehearing of any Commission order and El Paso’s Blanco Compressor Station in restructuring which involved the spin- can petition for court review of any such San Juan County, New Mexico was down of gathering facilities to Field order. However, an intervenor must properly functionalized as a Services. submit copies of comments or any other transmission facility, but the ‘‘C’’ and El Paso says that it believes that the filing it makes with the Commission to ‘‘D’’ Plants, which El Paso had abandonment of these compression every other intervenor in the functionalized as transmission facilities, facilities by transfer to Field Services proceeding, as well as 14 copies with were in fact performing primarily a will provide for a smooth, seamless the Commission. gathering function. Further, El Paso transition of services without any A person does not have to intervene, indicates that subsequently, in an Order interruption in service or rate stacking, however, in order to have comments Denying Rehearing issued on April 25, which would occur if the compression considered. A person, instead, may 2000, the Commission denied all facilities were acquired by a third party. submit two copies of comments to the requests for rehearing. Further, El Paso says that such Secretary of the Commission. In recognition of the Commission’s abandonment is consistent with El analysis, orders, and counsel in the Paso’s spin-down of facilities to Field Commenters will be placed on the Blanco Complaint Proceeding at Docket Services, which was approved by the Commission’s environmental mailing No. RP99–471–000, El Paso states that it Commission at Docket No. CP94–183– list, will receive copies of the has evaluated the existing compression 000. Finally, El Paso says that it is El environmental documents and will be facilities at its Waha Compressor Paso’s understanding that upon transfer able to participate in meetings Station. Additionally, El Paso states that of the Waha Field Compression associated with the Commission’s certain shippers on El Paso’s system Facilities, Field Services will continue environmental review process. expressed concerns regarding the to deliver the same volumes of natural Commenters will not be required to functionalization of facilities and the gas at the required mainline pressure at serve copies of filed documents on all allocation of costs for the Waha the existing custody transfer point other parties. However, commenters Compressor Station. El Paso submits immediately downstream of the Saha will not receive copies of all documents that those shippers raised concerns Treating Plant. filed by other parties or issued by the similar to those raised in Docket No. El Paso says that it will continue to Commission and will not have the right RP99–471–000, i.e., that El Paso should own and cause the operation of its to seek rehearing or appeal the have functionalized and spundown remaining compression facilities located Commission’s final order to a federal additional facilities and costs to El at the Waha Compressor Station for court. Paso’s gathering affiliate. In response to jurisdictional transmission service. those concerns, and based on El Paso’s Any questions regarding the The Commission will consider all subsequent review of the facilities and application should be directed to Mr. comments and concerns equally, operations at the Waha Compressor A.W. Clark, Vice President, El Paso whether filed by commenters or those Station, El Paso says that it has agreed Natural Gas Company, Post Office Box requesting intervenor status. certain changes to the functionalization 1492, El Paso, Texas 79978 at (915) 496– Take further notice that, pursuant to of the facilities at the Waha Compressor 2600. the authority contained in and subject to Station are appropriate. El Paso states Any person desiring to be heard or to the jurisdiction conferred upon the that it has determined that certain make any protest with reference to said Federal Energy Regulatory Commission compressor facilities at the Waha document should, on or before by Sections 7 and 15 of the Natural Gas Compressor Station possess a similar September 8, 2000, file with the Federal Act and the Commission’s Rules of physical configuration to the Blanco Energy Regulatory Commission, Practice and Procedure, a hearing will ‘‘C’’ and ‘‘D’’ Plants (i.e., located Washington, D.C., 20426, a protest or be held without further notice before the upstream of transmission facilities motion to intervene in accordance with Commission or its designee on this the requirements of Rule 211 or 214 of delivering directly into the mainline), application if no motion to intervene is the Commission’s Rules of Practice and operate at similar pressures (150 to 300 filed within the time required herein, if Procedure (18 CFR 385.211 or 385.214) psia) and provide similar services as the the Commission on its own review of and the Regulations under the Natural Blanco ‘‘C’’ and ‘‘D’’ Plants (i.e., field the matter finds that a grant of the related services vs. transmission related Gas Act (18 CFR 157.10). All protests certificate is required by public services). filed with the Commission will be Specifically, El Paso submits that it considered by it in determining the convenience and necessity. If a motion has determined the following facilities appropriate action to be taken but will for leave to intervene is timely filed, or at the Waha Compressor Station to be not serve to make the protestants parties if the Commission on its own motion consistent with the Commission’s to the proceeding. The Commission’s believes that a formal hearing is findings for the Blanco ‘‘C’’ and ‘‘D’’ Rules require that protestors provide required, further notice of such hearing Plants (performing primarily a gathering copies of their protests to the party or will be duly given. service): (1) One General Electric Frame parties directly involved. Any person Under the procedures herein provided 5 Gas Turbine and one ‘‘sour gas’’ wishing to become a party to a for, unless otherwise advised, it will be
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DEPARTMENT OF ENERGY interpreted as limiting shipper’s rights substantial competitive harm if of reduction in the ROFR process. disclosed. Accordingly, FGT and ENA Federal Energy Regulatory Any person desiring to protest this request that the Commission treat their Commission filing should file a protest with the respective filings and the information Federal Energy Regulatory Commission, contained therein as confidential and [Docket No. RP00±212±002] 888 First Street, NE., Washington, DC proprietary and not disclose such 20426, in accordance with Section information, or require FGT or ENA to NUI Corporation (City Gas Company of 385.211 of the Commission’s Rules and disclose such information to third Florida Division) v. Florida Gas Regulations. All such protests must be parties pursuant to § 388.112 of the Transmission Company; Notice of filed as provided in Section 154.210 of Commission’s Regulations. Proposed Compliance Filing the Commission’s Regulations. Protests It is not clear from the filings whether will be considered by the Commission FGT or ENA has served a redacted copy August 18, 2000. in determining the appropriate action to of their filings on the parties to the Take notice that on August 14, 2000, be taken, but will not serve to make proceeding. As set forth in Florida Gas Transmission Company protestants parties to the proceedings. § 385.213(c)(5)(ii) of the Commission’s (‘‘FGT’’) tendered for filing to become Copies of this filing are on file with the regulations, FGT and ENA must provide part of its FERC Gas Tariff, Third Commission and are available for public a redacted copy of its filing without the Revised Volume No. 1 (‘‘Tariff’’) inspection in the Public Reference privileged information to all parties on effective August 25, 2000, the following Room. This filing may be viewed on the the official service list. In addition, both tariff sheets: web at http://www.ferc.fed.us/online/ FGT and ENA must provide each party Substitute First Revised Sheet No. 186 rims.htm (call 202–208–2222 for with a proposed form of protective Substitute Fifth Revised Sheet No. 187 assistance). agreement. FGT states that on March 8, 2000, NUI Under the July 14, 2000 order, parties David P. Boergers, were to have thirty days from the date Corporation (City Gas Company of Secretary. Florida Division) (NUI) filed a of the filings within which to file a [FR Doc. 00–21598 Filed 8–23–00; 8:45 am] complaint contending that FGT violated response to the FGT and ENA filings. applicable Commission policy, as well BILLING CODE 6717±01±M The time period will be extended to as FGT’s tariff, by not permitting NUI to October 13, 2000 to permit sufficient time to execute protective agreements reduce its contract demand selectively DEPARTMENT OF ENERGY by season in matching a bid submitted and review the filings. Copies of these under FGT’s Right-of-First-Refusal Federal Energy Regulatory filings are on file with the Commission (‘‘ROFR’’) procedures. Subsequently, on Commission and are available for public inspection July 14, 2000, the Commission issued an in the Public Reference Room. This order in the referenced docket (‘‘July 14 [Docket No. RP00±212±003] filing may be viewed on the web at Order’’) requiring FGT to clarify http://www.ferc.fed.us/online/rims.htm NUI Corporation (City of Gas Company (Call 202–208–2222 for assistance). shippers’ rights to uniformly reduce of Florida Division) v. Florida Gas contract demand when exercising their Transmission Company; Notice of Linwood A. Watson, Jr., ROFR rights. In compliance with the Filings Acting Secretary. Commission’s July 14 Order, on July 27, [FR Doc. 00–21665 Filed 8–23–00; 8:45 am] 2000, FGT filed tariff sheets (‘‘July 27 August 21, 2000. BILLING CODE 6717±01±M Filing’’) adding tariff language allowing Take notice that on August 14, 2000, shippers exercising ROFR rights to Florida Gas Transmission Company reduce contract demand by either a (FGT), and Enron North America Corp. DEPARTMENT OF ENERGY uniform percentage reduction for each (ENA) each tendered for filing in the season or by the same absolute volume above referenced docket to comply with Federal Energy Regulatory amount in each season. the requests for information in the Commission In response to FGT’s filing, several Commission’s Order on Complaint, [Docket No. ER00±3109±000] shippers protested FGT’s inclusion in Requiring Tariff Filing, And Requiring proposed tariff language the phrase Filing of Information (Order on NYSD Limited Partnership, et al.; ‘‘that does not require its entire contract Complaint) issued on July 14, 2000, in Notice of Issuance of Order quantities to serve its core customers.’’ this proceeding.1 The protesting shippers stated that the FGT and ENA filed information August 18, 2000. phase was ambiguous, limited the rights relating to ENA’s need for capacity on NYSD Limited Partnership, et al. of certain shippers to reduce their the FGT system and ENA’s decision to (NYSD) submitted for filing a rate contract quantities and was beyond the submit a bid on an expiring contract of schedule under which NYSD will scope of the Commission’s Order. FGT NUI Corporation (City Gas Company of engage in wholesale electric power and states that it did not intend to limit the Florida Division) (NUI) during the right- energy transactions at market-based rights of shippers in the ROFR process of-first-refusal process. rates. NYSD also requested waiver of in any way, but included this phrase as FGT and ENA both request privileged various Commission regulations. In a result of the issues raised in the NUI and confidential treatment for some of particular, NYSD requested that the complaint proceeding. However, after the filed information because they assert Commission grant blanket approval reviewing the protests, FGT states that the information sought relates to both under 18 CFR Part 34 of all future it agrees that the language could be FGT’s and ENA’s on-going business and issuances of securities and assumptions interpreted as limiting ROFR rights. In personnel matters and, therefore, is of liability by NYSD. the instant filing, FGT states that it is proprietary and sensitive and would On August 17, 2000, pursuant to refiling tariff language to comply with cause FGT, or its customers, and ENA delegated authority, the Director, the Commission’s July 14 Order, but Division of Corporate Applications, without the language that has been 1 92 FERC ¶61,044 (2000). Office of Markets, Tariffs and Rates,
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PIOC states that Nuevo requires a DEPARTMENT OF ENERGY determine the appropriate action to be reliable and reasonably priced outlet for taken, but will not serve to make the gas produced at its Platform Habitat. Federal Energy Regulatory protestants parties to the proceedings. PIOC submits that, now that Nuevo, a Commission Any person wishing to become a party producer, owns the PIOC facilities, the [Docket No. OR00±8±000] must file a motion to intervene. Copies primary function of the facilities is of this filing are on file with the gathering. PIOC has submitted a primary Ultramar Diamond Shamrock Commission and are available for public function analysis supporting its claim Corporation and Ultramar Inc., inspection. This filing may also be that its facilities qualify as gathering Complainants v. SFPP, L.P., viewed on the Internet at http:// facilities exempt from jurisdiction under Respondent; Notice of Complaint www.ferc.fed.us/online/rims.htm (call Section 1(b) of the Natural Gas Act. 202–208–2222 for assistance). Any questions regarding the August 18, 2000. Linwood A. Watson, Jr., application should be directed to Fred Take notice that on August 17, 2000, Lindemann, Torch Operating Company, pursuant to Rule 206 of the Acting Secretary. 1221 Lamar, Suite 1600, Houston, Texas Commission’s Rules of Practice and [FR Doc. 00–21660 Filed 8–23–00; 8:45 am] 77010 at (713) 753–1368. Procedure (18 CFR 385.206) and the BILLING CODE 6717±01±M Procedural Rules Applicable to Oil Any person desiring to be heard or to Pipeline Procedures (18 CFR 343.1(a)), make any protest with reference to said Ultramar Diamond Shamrock DEPARTMENT OF ENERGY application should on or before Corporation and Ultramar Inc. September 8, 2000, file with the Federal (collectively referred to herein as Federal Energy Regulatory Energy Regulatory Commission, 888 Ultramar), tendered for filing a Commission First Street, N.E., Washington, D.C. Complaint in the captioned proceeding. 20426, a motion to intervene or a protest Ultramar alleges that SFPP, L.P. (SFPP) [Docket No. EC00±124±000, et al.] in accordance with the requirements of has violated and continues to violate the the Commission’s Rules of Practice and Interstate Commerce Act, 49 U.S.C. App Hartford Power Sales, L.L.C., et al.; Procedure (18 CFR 385.214 or 385.211) 1 et seq. by charging unjust and and the Regulations under the National Electric Rate and Corporate Regulation unreasonable rates as it respects all of Filings Gas Act (18 CFR 157.10). All protests SFPP’s jurisdictional interstate services filed with the Commission will be associated with its East, West, North, August 17, 2000. considered by it in determining the and Oregon Lines as more fully set forth appropriate action to be taken but will in the complaint. Take notice that the following filings not serve to make the protestants parties Ultramar respectfully requests that the have been made with the Commission: to the proceedings. Any person wishing Commission: (1) Examine SFPP’s 1. Hartford Power Sales, L.L.C. to become a party to a proceeding or to challenged rates and charges for all its participate as a party in any hearing jurisdictional interstate services and [Docket No. EC00–124–000] therein must file a motion to intervene declare that such rates and charges are Take notice that on August 14, 2000, in accordance with the Commission’s unjust and unreasonable; (2) order Rules. Hartford Power Sales, L.L.C. filed an refunds and/or reparations to Ultramar, application for an order authorizing the Take further notice that, pursuant to including appropriate interest thereon, proposed transfer of the Power Sales the authority contained in and subject to for the applicable refund and/or Agreement by and between HPS and the jurisdiction conferred upon the reparation periods to the extent the The Connecticut Light and Power Federal Energy Regulatory Commission Commission finds that such rates and Company to Select Energy, Inc. by Sections 7 and 15 of the Natural Gas charges are unlawful; (3) determine just, Act and the Commission’s Rules of reasonable, and nondiscriminatory rates Comment date: September 13, 2000, Practice and Procedure, a hearing will for all of SFPP’s jurisdictional interstate in accordance with Standard Paragraph be held without further notice before the services; (4) award Ultramar reasonable E at the end of this notice. Commission or its designee on this attorney’s fees and costs; and (5) order 2. Casco Bay Energy Company, LLC, et application if no motion to intervene is such other relief as may be appropriate. al. filed within the time required herein, if Ultramar states that it has served the the Commission on its own review of Complaint on SFPP. Pursuant to Rule [Docket No. EC00–125–000] the matter finds that a grant of the 343.4 of the Commission’s Procedural certificate is required by the public Rules Applicable to Oil Pipeline Take notice that on August 14, 2000, convenience and necessity. If a motion Proceedings, SFPP’s response to this Casco Bay Energy Company, LLC, Duke for leave to intervene is timely filed, or Complaint is due within 30 days of the Energy Oakland, LLC, Duke Energy if the Commission on its own motion filing of the Complaint. Trenton, LLC, Duke Energy South Bay, believes that a formal hearing is Any person desiring to be heard or to LLC, Duke Energy Morro Bay, LLC, and required, further notice of such hearing protest such filing should file a motion Duke Energy Moss Landing, LLC will be duly given. to intervene or a protest with the (collectively the Applicants), filed a Federal Energy Regulatory Commission, request for approval of the disposition Under the procedure herein provided of jurisdictional assets that may result for, unless otherwise advised, it will be 888 First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 from the transfer of the Applicants’ unnecessary for PIOC to appear or be limited liability company membership represented at the hearing. and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 interests among the Applicants’ David P. Boergers, and 385.214). All such motions and upstream affiliates. Secretary. protests should be filed on or before Comment date: September 5, 2000, in [FR Doc. 00–21601 Filed 8–23–00; 8:45 am] September 7, 2000. Protests will be accordance with Standard Paragraph E BILLING CODE 6717±01±M considered by the Commission to at the end of this notice.
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3. Ameren Energy, Inc., on behalf of Commission of Ohio, the Pennsylvania 9. Tucson Electric Power Company Union Electric Company d/b/a Public Utility Commission, the [Docket No. ER00–3410–000] AmerenUE, et al. Maryland Public Service Commission, Take notice that on August 14, 2000, [Docket No. EC00–126–000] the Virginia State Corporation Commission, and the West Virginia Tucson Electric Power Company Take notice that on August 14, 2000, Public Service Commission. tendered for filing one (1) umbrella Ameren Energy, Inc., on behalf of Union service agreement (for short-term firm Electric Company d/b/a AmerenUE Comment date: September 5, 2000, in service) pursuant to Part II of Tucson’s (AmerenUE), Ameren Energy Generating accordance with Standard Paragraph E Open Access Transmission Tariff, Company (AEG), and Ameren Energy at the end of this notice. which was filed in Docket No. OA96– Marketing Company (AEM) (collectively 6. Cinergy Services, Inc. 140–000. Applicants), filed an application The details of the service agreement is [Docket No. ER00–3407–000] pursuant to section 203 of the Federal as follows: Power Act (FPA), 16 U.S.C. 824b, and Take notice that on August 11, 2000, (1) Umbrella Agreement for Short- Part 33 of the Commission’s regulations, Cinergy Services, Inc. (Cinergy) and Term Firm Point-to-Point Transmission requesting that the Commission approve Cleco Utility Group, Inc. (CUG), are Service dated as of July 26, 2000 by and the assignment of certain contracts requesting via a Notice of Assignment between Tucson Electric Power between Ameren Energy, Inc. as agent that CUG will replace Cleco Corporation Company and Arizona Public Service for AmerenUE and AEM, so that such of Cinergy’s Market-Based Power Sales Company. Service commenced on July assignment would result in AEG being Tariff Original Volume No. 7-MB, 26, 2000. included with AmerenUE and AEM as Service Agreement No. 223, dated May Comment date: September 5, 2000, in a principal under such contracts. 3, 1999. accordance with Standard Paragraph E Comment date: September 5, 2000, in Cinergy and CUG are requesting an at the end of this notice. accordance with Standard Paragraph E effective date of one day after filing. at the end of this notice. 10. Otter Tail Power Company Comment date: September 5, 2000, in [Docket No. ER00–3411–000] 4. The FirstEnergy Operating accordance with Standard Paragraph E Companies at the end of this notice. Take notice that on August 11, 2000, Otter Tail Power Company (Otter Tail), [Docket Nos. ER97–412–005, ER97–413–004, 7. Cinergy Services, Inc. ER98–1932–002 and ER97–413–001] tendered for filing its tariff sheet that indicates Otter Tail’s open access Take notice that on August 11, 2000, [Docket No. ER00–3409–000] transmission tariff incorporates Mid- the FirstEnergy Operating Companies Take notice that on August 11, 2000, Continent Area Power Pool’s (MAPP) tendered for filing a Supplemental Cinergy Services, Inc., on behalf of its revised Line Loading Relief procedures, Refund Report to reflect additional Operating Company affiliates, The as discussed in MAPP’s, Docket Nos. refunds made pursuant to the Cincinnati Gas & Electric Company and ER99–2469–001, et al. Commission’s February 9, 2000 Letter PSI Energy, Inc. (COC), tendered for Comment date: September 5, 2000, in Order in this proceeding. filing an executed service agreement The FirstEnergy Operating Companies accordance with Standard Paragraph E between COC and TXU Energy Trading at the end of this notice. state that a copy of the filing has been Company (TXU) replacing the served on the customers receiving unexecuted service agreement filed on 11. Ameren Energy Generating supplemental refunds and the public April 16, 1999 under Docket No. ER99– Company utilities commissions of Ohio and 2511–000 per COC FERC Electric [Docket No. ER00–3412–000] Pennsylvania. Market-Based Power Sales Tariff, Take notice that on August 14, 2000, Comment date: September 1, 2000, in Original Volume No. 7-MB. accordance with Standard Paragraph E Ameren Energy Generating Company at the end of this notice. COC is requesting an effective date of (AEG) tendered for filing requests for: May 1, 1999 and the same Rate (1) authorization to engage in the sale of 5. Allegheny Energy Service Designation as per the original filing. electric energy and capacity at market- Corporation, on behalf of Monongahela Comment date: September 5, 2000, in based rates, which would permit direct Power Company, et al. accordance with Standard Paragraph E accounting of transactions on AEG’s [Docket No. ER00–3406–000] at the end of this notice. behalf consistent with approvals granted in prior Commission orders; (2) Take notice that on August 14, 2000, 8. Cinergy Services, Inc. Allegheny Energy Service Corporation consistent with that authorization, on behalf of Monongahela Power [Docket No. ER00–3408–000] approval of the amendment to a previously approved power supply Company, The Potomac Edison Take notice that on August 11, 2000, agreement between AEG and Ameren Company and West Penn Power Cinergy Services, Inc. (Cinergy) and Energy Marketing Company; and (3) Company (Allegheny Power), tendered Cleco Utility Group, Inc. (CUG), are certain blanket approvals and waivers of for filing a Service Agreement Nos. 321 requesting via a Notice of Assignment certain regulations promulgated under and 322 to add NRG Power Marketing that CUG will replace Cleco Corporation the FPA. Inc. to Allegheny Power’s Open Access of Cinergy’s Cost-Based Power Sales AEG seeks an effective date of August Transmission Service Tariff which has Tariff Original Volume No. 6–CB, 15, 2000, for the market-based rate been accepted for filing by the Federal Service Agreement No. 220, dated May authorization and for the amended PSA, Energy Regulatory Commission in 3, 1999. Docket No. ER96–58–000. and an effective date of May 1, 2000, for The proposed effective date under the Cinergy and CUG are requesting an the requested waivers of the Service Agreements is August 11, 2000 effective date of one day after filing. Commission’s informational and or a date ordered by the Commission. Comment date: September 5, 2000, in reporting requirements. Copies of the filing have been accordance with Standard Paragraph E Copies of this filing were served on provided to the Public Utilities at the end of this notice. the affected state utility commissions.
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Comment date: September 5, 2000, in lands and waters—the leasing of 12 i. FERC Contact: Any questions on accordance with Standard Paragraph E parcels of land totaling 11.34 acres for this notice should be addressed to Brian at the end of this notice. existing and proposed marina facilities Romanek at (202) 219–3076, or e-mail within Keowee Key, an existing 1,600- address: [email protected]. 12. Union Power Partners, L.P. acre residential community at Lake j. Deadline for filing comments and/ [Docket No. ER00–3417–000] Keowee, and has prepared a Draft or motions: September 25, 2000. Take notice that on August 11, 2000, Environmental Assessment (Draft EA) All documents (original and eight Union Power Partners, L.P. (Union for the proposed and alternative actions. copies) should be filed with David P. Power), tendered for filing notice that Copies of the Draft EA can be viewed Boergers, Secretary, Federal Energy effective August 12, 2000, FERC Electric at the Commission’s Public Reference Regulatory Commission, 888 First Rate Schedule No. 1, effective May 2, Room, Room 2A, 888 First Street, NE, Street, NE, Washington, DC 20426. 2000, and filed with the Federal Energy Washington, DC 20426, or by calling Please include the project number Regulatory Commission is to be (202) 208–1371. The document also may (2232–411) on any comments or canceled. be viewed on the Web at motions filed. Comment date: September 1, 2000, in www.ferc.fed.us/online/rims.htm. Call k. Description of Proposal: Duke accordance with Standard Paragraph E (202) 208–2222 for assistance. Energy Corporation proposes to lease to StoneWater Bay Properties LLC, 2.654 at the end of this notice. Any comments on the Draft EA should be filed within 30 days from the acres of project land for the construction Standard Paragraphs date of this notice and should be of 5 clustered boat docking facilities E. Any person desiring to be heard or addressed to Dave Boergers, Secretary, with a total of 94 boat slips. The boat to protest such filing should file a Federal Energy Regulatory Commission, slips would provide access to the motion to intervene or protest with the 888 First Street, NE., Washington, DC reservoir for the off-water (or interior Federal Energy Regulatory Commission, 20426. Please affix ‘‘Keowee Key Marina lot) residents of the StoneWater 888 First Street, N.E., Washington, D.C. Faiclities, Project No. 2503–057’’ to the Subdivision. One of the slips would be 20426, in accordance with Rules 211 first page of your comments. equipped with a waste pump-out station and 214 of the Commission’s Rules of For further information, please and fuel dispensing station. No dredging Practice and Procedure (18 CFR 385.211 contact Jim Haimes, staff environmental is proposed. and 385.214). All such motions or protection specialist, at (202) 219–2780 l. Locations of the Application: A protests should be filed on or before the or at his E-mail address: copy of the application is available for comment date. Protests will be [email protected]. inspection and reproduction at the considered by the Commission in Commission’s Public Reference Room, David P. Boergers, determining the appropriate action to be located at 888 First Street, NE, taken, but will not serve to make Secretary. Washington, DC 20426, or by calling protestants parties to the proceeding. [FR Doc. 00–21593 Filed 8–23–00; 8:45 am] (202) 208–1371. This filing may be Any person wishing to become a party BILLING CODE 6717±01±M viewed on http:www.ferc.fed.us/online/ must file a motion to intervene. Copies rims.htm (call (202) 208–2222 for of these filings are on file with the assistance). A copy is also available for DEPARTMENT OF ENERGY Commission and are available for public inspection and reproduction at the inspection. This filing may also be address in item h above. Federal Energy Regulatory m. Individuals desiring to be included viewed on the Internet at http:// Commission on the Commission’s mailing list should www.ferc.fed.us/online/rims.htm (call so indicate by writing to the Secretary 202–208–2222 for assistance). Non-Project Use of Project Lands and of the Commission. David P. Boergers, Waters and Soliciting Comments, Comments, Protests, or Motions to Motions to Intervene, and Protests Secretary. Intervene—Anyone may submit [FR Doc. 00–21592 Filed 8–23–00; 8:45 am] August 18, 2000. comments, a protest, or a motion to intervene in accordance with the BILLING CODE 6717±01±P Take notice that the following application has been filed with the requirements of Rules of Practice and Commission and is available for public Procedure, 18 CFR 385.210, .211, .214. DEPARTMENT OF ENERGY inspection: In determining the appropriate action to a. Application Type: Non-Project Use take, the Commission will consider all Federal Energy Regulatory of Project Lands and Waters. protests or other comments filed, but Commission b. Project No.: 2232–411. only those who file a motion to [Project No. 2503±057] c. Date Filed: July 5, 2000. intervene in accordance with the d. Applicant: Duke Energy Commission’s Rules may become a Duke Power Company; Notice of Corporation. party to the proceeding. Any comments, Availability of Draft Environmental e. Name of Project: Catawba-Wateree protests, or motions to intervene must Assessment Hydroelectric Project. be received on or before the specified f. Location: On Mountain Island Lake comment date for the particular August 18, 2000. at StoneWater Subdivision, in application. In accordance with the National Riverbend Township, Gaston County, Filing and Service of Responsive Environmental Policy Act of 1969 and North Carolina. The project does not Documents—Any filings must bear in the Federal Energy Regulatory utilize federal or tribal lands. all capital letters the title Commission’s (Commission’s) g. Filed Pursuant to: Federal Power ‘‘COMMENTS’’, regulations, the Office of Energy Projects Act, 16 USC 791(a)–825(r). ‘‘RECOMMENDATIONS FOR TERMS has reviewed the application filed h. Applicant Contact: Mr. E.M. AND CONDITIONS’’, ‘‘PROTEST’’, or March 24, 2000, requesting the Oakley, Duke Energy Corporation, P.O. ‘‘MOTION TO INTERVENE’’, as Commission approve an amendment of Box 1006 (EC12Y), Charlotte, NC applicable, and the Project Number of license for the non-project use of project 28201–1006. Phone: (704) 382–5778. the particular application to which the
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Appendix 2 Dated: August 16, 2000. Future Meetings Ephraim King, Acting Director, Office of Ground Water and Cat- NAICS Examples of poten- Over the next year, we will hold other Drinking Water. egories codes tially affected entities meetings at various locations around the country. Locations for the meetings will be [FR Doc. 00–21669 Filed 8–23–00; 8:45 am] 32532 Pesticide manufac- selected based on this history of past, present BILLING CODE 6560±50±P turing and especially future pipeline projects where interstate natural gas markets are developing or expanding. ENVIRONMENTAL PROTECTION This listing is not intended to be Areas we are considering for meetings AGENCY exhaustive, but rather provides a guide include: for readers regarding entities likely to be affected by this action. Other types of Tampa area or Tallahassee, Florida [PF±958; FRL±6598±6] Wooster, Ohio entities not listed in the table could also Boston, Massachusetts/Portland, Maine area. Notice of Filing a Pesticide Petition to be affected. The North American Springfield, Indiana area Establish a Tolerance for a Certain Industrial Classification System Seattle/Puget Sound, Washington Pesticide Chemical in or on Food (NAICS) codes have been provided to Reno/Tahoe, Nevada or Salt Lake City, Utah assist you and others in determining area. AGENCY: Environmental Protection whether or not this action might apply If you care to voice your opinion about Agency (EPA). to certain entities. If you have questions these or other areas, please follow the ACTION: regarding the applicability of this action instructions in the notice. Notice. to a particular entity, consult the person [FR Doc. 00–21605 Filed 8–23–00; 8:45 am] SUMMARY: This notice announces the listed under FOR FURTHER INFORMATION BILLING CODE 6717±01±M initial filing of a pesticide petition CONTACT. proposing the establishment of regulations for residues of a certain B. How Can I Get Additional pesticide chemical in or on various food Information, Including Copies of this ENVIRONMENTAL PROTECTION commodities. Document and Other Related Documents? AGENCY DATES: Comments, identified by docket control number PF–958, must be 1. Electronically. You may obtain [FRL±6857±2] received on or before September 25, electronic copies of this document, and 2000. certain other related documents that Microbial and Disinfection Byproducts ADDRESSES: might be available electronically, from Advisory Committee; Notice of Meeting Comments may be submitted by mail, electronically, or in the EPA Internet Home Page at http:// AGENCY: Environmental Protection person. Please follow the detailed www.epa.gov/. To access this Agency (EPA). instructions for each method as document, on the Home Page select ‘‘Laws and Regulations’’ and then look ACTION: Notice of meeting. provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure up the entry for this document under SUMMARY: Under section 10(a)(2) of proper receipt by EPA, it is imperative the ‘‘Federal Register—Environmental Public Law 920423, ‘‘The Federal that you identify docket control number Documents.’’ You can also go directly to Advisory Committee Act,’’ notice is PF–958 in the subject line on the first the Federal Register listings at http:// hereby given of an extra meeting of the page of your response. www.epa.gov/fedrgstr/. Microbial and Disinfection Byproducts FOR FURTHER INFORMATION CONTACT: By 2. In person. The Agency has Advisory Committee established under mail: Jim Tompkins, Registration established an official record for this the Safe Drinking Water Act, as Division (7505C), Office of Pesticide action under docket control number PF– amended (42 U.S.C. S300f et seq.). The Programs, Environmental Protection 958. The official record consists of the meeting will be held on September 6 Agency, 1200 Pennsylvania Ave., NW., documents specifically referenced in and is scheduled from 9:00 a.m. to 5:00 Washington, DC 20460; telephone this action, any public comments p.m. eastern time. The meeting will be number: (703) 308–6379; e-mail address: received during an applicable comment held at RESOLVE, Inc., 1255 23rd [email protected]. period, and other information related to Street, N.W., Suite 275, Washington, SUPPLEMENTARY INFORMATION: this action, including any information D.C. 20037. The meeting is open to the claimed as confidential business public, but due to past experience, I. General Information information (CBI). This official record seating will be limited. A. Does this Action Apply to Me? includes the documents that are The purpose of this meeting is to physically located in the docket, as well review outstanding issues and reach a You may be affected by this action if as the documents that are referenced in final Agreement in Principle. you are an agricultural producer, food those documents. The public version of Statements from the public will be taken manufacturer or pesticide manufacturer. the official record does not include any if time permits. Potentially affected categories and information claimed as CBI. The public For more information, please contact entities may include, but are not limited version of the official record, which Mariana Negro, Designated Federal to: includes printed, paper versions of any Officer, Microbial and Disinfection electronic comments submitted during Byproducts Advisory Committee, U.S. an applicable comment period, is EPA, Office of Ground Water and available for inspection in the Public Cat- NAICS Examples of poten- Drinking Water, Mailcode 4607, 1200 egories codes tially affected entities Information and Records Integrity Pennsylvania Avenue, N.W., Branch (PIRIB), Rm. 119, Crystal Mall Washington, D.C. 20460. The telephone Industry 111 Crop production #2, 1921 Jefferson Davis Highway, number is 202–260–5746 or E-mail 112 Animal production Arlington, VA, from 8:30 a.m. to 4 p.m., [email protected]. 311 Food manufacturing Monday through Friday, excluding legal
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0.02 lb. ai/acre (0.224 kg ai/ha), for a chromosomal aberrations when mg/kg/day in males and 1331 mg/kg/ total seasonal rate of 1.6 lb ai/acre (1.8 zoxamide was tested in vivo in the day in females (HDT, limit dose). No kg ai/ha). The bridging trials had a mouse micronucleus test. carcinogenicity was observed. separate treated plot which received 10 3. Reproductive and developmental An 18-month mouse carcinogenicity applications of the 2F formulation at the toxicity— i. No observable adverse study showed no signs of same rate. Three of the trials, including effects levels (NOAELs) for carcinogenicity or of any other the processing study trial, had 1 to 3 developmental and maternal toxicity to compound-related effect at dosage levels additional applications in order to zoxamide were established at 1,000 mg/ up to 1021 mg/kg/day in males and ensure that the commercial quality fruit kg/day highest dose tested (HDT) in 1,289 mg/kg/day in females (HDT, limit could be harvested at the appropriate both the rat and rabbit. No signs of dose). preharvest interval. In all of the trials, developmental toxicity were exhibited. The NOAEL in a 1-year feeding study fruit was harvested 5 days after the final ii. In a 2-generation reproduction in dogs was 255 mg/kg/day in males and application. In two of the trials, samples study in the rat, zoxamide had a no 48 mg/kg/day in females based on were taken at 0, 3, 5, and 7 days after adverse effect on reproductive minimal effects on body weight and the final application to determine performance or pup development at body weight gain and increased liver residue decline. doses up to an exceeding 1,471 mg/kg/ weights in females only at a LOAEL of Samples were analyzed for residues of day, the limit dose tested. This NOAEL 278 mg/kg/day. RH-117281. The average residue over all was 20-fold higher than the NOAEL for 6. Animal metabolism. In trials was 0.21 ppm. This single highest adult toxicity of 71 mg/kg/day. A delay pharmacokinetic and metabolism residue in any trial was 1.18 ppm. in periweaning weight gain and studies in the rat, zoxamide was rapidly Tomato puree and tomato paste were associated spleen effects in the F1 and and extensively absorbed, metabolized generated from one residue trial. F2a litters were shown in the F2b litters and excreted following oral exposure. A Washing removed about 80% of the to be a secondary effect related to feed total of approximately 60% of the residue from the tomato RAC. There was refusal due to palatability of the treated administered dose was systemically no concentration of residue in either diets, and not to a systemic toxic effect. absorbed. Plasma levels peaked within 8 tomato puree or tomato paste. The consequences of feed refusal due to hours of dosing, and declined with a These data support the establishment palatability do not constitute an adverse half-life of 12–14 hours, consistent with of a permanent tolerance of 2.0 ppm on effect relevant to human health risk the nearly complete excretion within 48 tomatoes and tomato processed assessment. hours. No evidence of accumulation of fractions. 4. Subchronic toxicity. The NOAEL in the parent compound or its metabolites a 90-day rat subchronic feeding and was observed. The predominant route of B. Toxicological Profile neurotoxicity study was 1,500 mg/kg/ excretion was hepatobiliary. Metabolism 1. Acute toxicity. Zoxamide has low day in males and 1,622 mg/kg/day in was found to occur through multiple acute toxicity. Zoxamide was practically females HDT. Zoxamide did not pathways involving primary hydrolysis, non-toxic by ingestion of a singe oral produce neurotoxic or neuropathologic glutathione-mediated reactions, and dose in rats and mice (LD50 >5,000 effects. reductive dehalogenation; secondary milligrams/kilograms (mg/kg), A 90-day feeding study with mice, the oxidation on both the aromatic methyl practically non-toxic by dermal NOAEL was 436 mg/kg/day in males and the aliphatic side-chain; and application to rats (LD50 > 2,000 mg/kg), and 574 mg/kg/day in females based on terminal glucuronic acid and ammo acid and practically non-toxic to rats after a a slight decrease in weight gain among conjugation. Altogether, 32 separate 4-hr inhalation exposure with an LC50 the females only at the LOAEL of 1,666 metabolites were identified; no single value of > 5.3 mg/L (highest attainable mg/kg/day. metabolite other than parent zoxamide concentration), is not considered to be A 90-day dog feed study gave a accounted for more than 10% of the a primary eye irritant or a skin irritant NOAEL of 55 mg/kg in males and 62 administered dose. The rapid and is not a dermal sensitizer. The mg/kg/day in females based on metabolism and excretion of zoxamide technical material was nonirritating to increased liver weights without a is a major factor explaining the skin after single applications and corresponding clinical or compound’s overall remarkably low moderately irritating to eyes. Zoxamide histopathologic change in females only toxicity profile in animals. produced delayed contact at 322 mg/kg/day. 7. Metabolite toxicology. There were hypersensitivity in the guinea pig at No signs of systemic toxicity were no significant metabolites other than the concentrations of 2,500 ppm and higher. observed when zoxamide was parent zoxamide in tomatoes or An acute neurotoxicity study in rats did administered dermally to rats for 28 cucurbits. not produce any neurotoxic or days at a limit dose of 1,000 mg/kg/day. 8. Endocrine disruption. Based on neuropathologic effects with a NOAEL > This occurred despite skin irritation at structure-activity and mode of action 2,000 mg/kg. all doses tested (150, 400, and 1,000 mg/ information as well as the lack of 2. Genotoxicity. Zoxamide was kg/day). Similarly, in vivo dermal developmental and reproductive nonmutagenic in a standard battery of absorption was shown to be low toxicity, zoxamide is unlikely to exhibit tests. In in vitro assays, zoxamide regardless of concentration or endocrine activity. There was no showed no evidence of mutagenic formulation type (i.e., <1–6% of the evidence of a functional or activity in an Ames and CHO/HGPRT administered dose was systemically histopathologic change in the male or assays for gene mutation, and no absorbed after 24 hrs.) female reproductive tract, and no evidence of structural chromosomal 5. Chronic toxicity. In a combined rat indicators of an endocrine effect of any aberrations in the CHO in vitro chronic/oncogenicity study, the NOAEL kind below limit doses in mammalian cytogenetic study. As predicted by its for chronic toxicity was 51 mg/kg/day in subchronic or chronic studies or in antibulin mode of action, mitotic males an 65 mg/kg/day in females based mammalian and avian reproduction accumulation and polyploidy were on an equivocal increase in relative liver studies. A slight thyroid effect at the noted at cytotoxic doses in the in vitro weight at a LOAEL of 328 mg/kg/day in limit dose (994–1139 mg/kg/day) in the chromosomal assay. However, there was females at the interim sacrifice only. subchronic and chronic dog studies was no evidence of structural or numerical The NOAEL was considered to be 1,058 secondary to liver hypertrophy and
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FEDERAL COMMUNICATIONS Estimate Time Per Response: 1 to 25 225), and all other applicable statutes COMMISSION hours. and regulations to become a bank Frequency of Response: holding company and/or to acquire the Notice of Public Information Recordkeeping; On occasion reporting assets or the ownership of, control of, or Collection(s) being Submitted to OMB requirements. the power to vote shares of a bank or for Review and Approval Total Annual Burden: 676 hours. bank holding company and all of the Total Annual Costs: $97,500. banks and nonbanking companies August 17, 2000. Needs and Uses: The Commission owned by the bank holding company, SUMMARY: The Federal Communications staff will use this information to including the companies listed below. Commission, as part of its continuing determine on a case-by-case basis The applications listed below, as well effort to reduce paperwork burden whether particular exclusive contracts as other related filings required by the invites the general public and other for cable television programming Board, are available for immediate Federal agencies to take this comply with the statutory public inspection at the Federal Reserve Bank opportunity to comment on the interest standard of section 19 of the indicated. The application also will be following information collection, as 1992 Cable Television Consumer available for inspection at the offices of required by the Paperwork Reduction Protection and Competition Act and the Board of Governors. Interested Act of 1995, Public Law 104–13. An section 628 of the Communications Act persons may express their views in agency may not conduct or sponsor a of 1934, as amended. Section 301(j) of writing on the standards enumerated in collection of information unless it the 1996 Telecommunications Act the BHC Act (12 U.S.C. 1842(c)). If the displays a currently valid control amends the restrictions in section 628 to proposal also involves the acquisition of number. No person shall be subject to include common carriers and their a nonbanking company, the review also any penalty for failing to comply with affiliates that provide video includes whether the acquisition of the a collection of information subject to the programming. nonbanking company complies with the Paperwork Reduction Act (PRA) that OMB Control Number: 3060–0920. standards in section 4 of the BHC Act does not display a valid control number. Title: Application for Construction (12 U.S.C. 1843). Unless otherwise Comments are requested concerning (a) Permit for a Low Power FM Broadcast noted, nonbanking activities will be whether the proposed collection of Station. conducted throughout the United States. information is necessary for the proper Form Number: FCC 318. Additional information on all bank performance of the functions of the Type of Review: Extension of a holding companies may be obtained Commission, including whether the currently approved collection. from the National Information Center information shall have practical utility; Respondents: Not-for-profit website at www.ffiec.gov/nic/. (b) the accuracy of the Commission’s institutions; and State, local, or tribal Unless otherwise noted, comments burden estimate; (c) ways to enhance governments. regarding each of these applications the quality, utility, and clarity of the Number of Respondents: 2,500. must be received at the Reserve Bank information collected; and (d) ways to Estimate Time Per Response: 1.5 indicated or the offices of the Board of minimize the burden of the collection of hours. Governors not later than September 18, information on the respondents, Frequency of Response: On occasion 2000. including the use of automated A. Federal Reserve Bank of Richmond reporting requirements. collection techniques or other forms of Total Annual Burden: 3,750 hours. (A. Linwood Gill, III, Vice President) information technology. Total Annual Costs: None. 701 East Byrd Street, Richmond, DATES: Written comments should be Needs and Uses: FCC Form 318 is Virginia 23261–4528: 1. Countrywide Credit Industries, Inc., submitted on or before September 25, required to apply for a construction Calabasas. California, and its 2000. If you anticipate that you will be permit for a new LPFM station or to subsidiaries, Countrywide Financial submitting comments, but find it make changes in the existing facilities of Holding Company, Inc., Calabasas, difficult to do so within the period of such a station. The Commission uses California, and Effinity Financial time allowed by this notice, you should these data to determine whether an Corporation, Alexandria, Virginia; to advise the contact listed below as soon applicant meets the basic statutory and become bank holding companies by as possible. regulatory requirements to become a acquiring 100 percent of the voting ADDRESSES: Direct all comments to Les FCC licensee and to ensure that the shares of Treasury Bank, Ltd., Smith, Federal Communications public interest would be served by grant Commission, Room 1–A804, 445 12th Washington, D.C. of the application. B. Federal Reserve Bank of Atlanta Street, SW., Washington, DC 20554 or Federal Communications Commission. (Cynthia C. Goodwin, Vice President) via the Internet to [email protected]. William F. Caton, 104 Marietta Street, N.W., Atlanta, FOR FURTHER INFORMATION CONTACT: For Deputy Secretary. Georgia 30303–2713: additional information or copies of the [FR Doc. 00–21624 Filed 8–23–00; 8:45 am] 1. RCK, Inc., Jacksonville, Florida; to information collections contact Les BILLING CODE 6712±01±P become a bank holding company by Smith at (202) 418–0217 or via the acquiring 100 percent of the voting Internet at [email protected]. shares of CenterBank of Jacksonville, SUPPLEMENTARY INFORMATION: FEDERAL RESERVE SYSTEM N.A. (in organization), Jacksonville, OMB Control Number: 3060–0551. Florida. Title: Sections 76.1002 and 76.1004, Formations of, Acquisitions by, and C. Federal Reserve Bank of St. Louis Specific Unfair Practices Prohibited. Mergers of Bank Holding Companies (Randall C. Sumner, Vice President) 411 Form Number: N/A. Locust Street, St. Louis, Missouri Type of Review: Extension of a The companies listed in this notice 63166–2034: currently approved collection. have applied to the Board for approval, 1. Mercantile Bancorp, Inc., Quincy, Respondents: Business or other for- pursuant to the Bank Holding Company Illinois; to acquire 20 percent of the profit entities. Act of 1956 (12 U.S.C. 1841 et seq.) voting shares of New Frontier Number of Respondents: 52. (BHC Act), Regulation Y (12 CFR Part Bancshares, Inc., St. Charles, Missouri,
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Pilot Study and Telephone Component
No. of Average bur- Form name No. of responses/ den/response respondents respondent (in hrs.)
Screening questionnaire: Pilot ...... 563 1 5/60 Telephone ...... 66,000 1 5/60 Extended questionnaire Pilot ...... 100 1 25/60 Telephone ...... 12,610 1 25/60
Clinic Component
No. of Average bur- Form name No. of responses/ den/response respondents respondent (in hrs.)
Medical history questionnaire: Adult ...... 600 1 25/60 Medical history questionnaire: Adolescent ...... 15 1 30/60 Medical history questionnaire: Parent of adolescent ...... 15 1 30/60 Sleep disorders questionnaire: Adults ...... 600 1 7/60 Fatigue questionnaire: Adults and adolescents ...... 615 1 15/60 Fatigue questionnaire: Parent of adolescent ...... 15 1 15/60 SF±36 questionnaire: Adult, adolescent, parent of adolescents ...... 630 1 11/60 Diagnostic interview schedule: Adult ...... 600 1 45/60
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No. of Average bur- Form name No. of responses/ den/response respondents respondent (in hrs.)
Diagnostic interview schedule: Parent version ...... 15 1 45/60 Diagnostic interview schedule: Child version ...... 15 1 45/60
Dated: August 18, 2000. Proposed Project Human Development (NICHD), the Nancy Cheal, National Survey of Family Growth, Office of Population Affairs, the CDC Acting Associate Director for Policy, Planning Cycle 6 Pretest (0920–0314)— HIV Prevention Program, the Office of and Evaluation, Centers for Disease Control Reinstatement—The National Center for the Assistant Secretary for Planning and and Prevention (CDC). Health Statistics (NCHS)—The National Evaluation (OASPE/DHHS), and the [FR Doc. 00–21608 Filed 8–23–00; 8:45 am] Survey of Family Growth (NSFG) has Children’s Bureau. Specific uses include BILLING CODE 4163±18±P been conducted periodically by the the Healthy People 2000 and 2010 National Center for Health Statistics objectives, reporting to Congress (NCHS) since 1973—in 1973, 1976, required by the 1996 Personal DEPARTMENT OF HEALTH AND 1982, 1988, and 1995. The purpose of Responsibility and Work Opportunity HUMAN SERVICES the NSFG is to provide national Act (Section 905 and 906), the DHHS statistics on family formation, growth, Fatherhood Initiative, and the National Centers for Disease Control and and dissolution (Section 306 of the Campaign to Prevent Teen Pregnancy, Prevention Public Health Service Act). This among others. Data are published by includes data on factors affecting birth, NCHS, in professional journals, used by [30DAY±62±00] pregnancy rates, and family formation— private academic and nonprofit such as sexual activity, marriage, researchers, and cited by journalists and divorce, cohabitation, contraception, Agency Forms Undergoing Paperwork others. Reduction Act Review infertility, miscarriage, and wanted and unwanted births. The social, economic The NSFG Cycle 6 pretest will include interviews with about 600 The Centers for Disease Control and (e.g., education, income, and work), and males and 600 females and will test a Prevention (CDC) publishes a list of health factors (such as low birth weight and receipt of health care) associated variety of procedures to improve the information collection requests under with them are also collected. The target quality and usefulness of the data. The review by the Office of Management and universe of the NSFG has always been interviews are conducted in person by Budget (OMB) in compliance with the women in the civilian non-institutional trained female interviewers in Paperwork Reduction Act (44 U.S.C. population of reproductive age (15–44). respondents homes. Interviews average Chapter 35). To request a copy of these The population in this pretest includes 60 minutes for males and 80 minutes for requests, call the CDC Reports Clearance an independent sample of men (15–49), females. Remuneration is proposed, and Officer at (404) 639–7090. Send written in order to collect data related to male will be the subject of an experiment in comments to CDC, Desk Officer; Human fertility, marriage and divorce, and the pretest. The pretest is in preparation Resources and Housing Branch, New parenting, as well as data to measure the for a main study that will include Executive Office Building, Room 10235; risk of HIV (the virus that causes AIDS) interviews with 7,200 males and 11,800 Washington, DC 20503. Written and other sexually transmitted diseases. females in 2001 or 2002. The annualized comments should be received within 30 NSFG data are used by NCHS, the burden is estimated to be 1,684. days of this notice. National Institute for Child Health and
Number of Number of responses Average hours Pretest respondents per per respondent respondent
Screening ...... 2000 1 5/60 Interviewing: Males ...... 600 1 1 Females ...... 600 1 80/60 Verification ...... 200 1 5/60 Cognitive ...... 100 1 1
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Dated: August 18, 2000. Proposed Project and Disease Prevention Objectives, Nancy Cheal, ‘‘Healthy People 2000.’’ 2001 National Health Interview Acting Associate Director for Policy, Because of survey integration and Survey, Basic Module (0920–0214)— Planning, and Evaluation, Centers for Disease changes in the health and health care of Revision—The National Center for Control and Prevention (CDC). the U.S. population, demands on the Health Statistics (NCHS)—The annual [FR Doc. 00–21611 Filed 8–23–00; 8:45 am] NHIS have changed and increased, BILLING CODE 4163±18±P National Health Interview Survey leading to a major redesign of the (NHIS) is a basic source of general annual core questionnaire, or Basic statistics on the health of the U.S. Module, and a redesign of the data DEPARTMENT OF HEALTH AND population. Due to the integration of collection system from paper HUMAN SERVICES health surveys in the Department of questionnaires to computer assisted Health and Human Services, the NHIS personal interviews (CAPI). Those Centers for Disease Control and also has become the sampling frame and Prevention redesigned elements were partially first stage of data collection for other implemented in 1996 and fully [30DAY±67±00] major surveys, including the Medical implemented in 1997 and are expected Expenditure Panel Survey, the National to be in the field until 2006. This Agency Forms Undergoing Paperwork Survey of Family Growth, and the clearance is for the fifth full year of data Reduction Act Review National Health and Nutrition collection using the Basic Module on The Centers for Disease Control and Examination Survey. By linking to the CAPI, and for implementation of the Prevention (CDC) publishes a list of NHIS, the analysis potential of these second ‘‘Periodic Module’’, which information collection requests under surveys increases. The NHIS has long include additional detail questions on review by the Office of Management and been used by government, university, conditions, access to care, disabilities, Budget (OMB) in compliance with the and private researchers to evaluate both and health care utilization. The Paperwork Reduction Act (44 U.S.C. general health and specific issues, such ‘‘Periodic Module’’, will repeat a similar Chapter 35). To request a copy of these as cancer, AIDS, and childhood survey conducted in 1992, and will help requests, call the CDC Reports Clearance immunizations. Journalists use its data track many of the Health People 2010 Officer at (404) 639–7090. Send written to inform the general public. It will objectives. This data collection, planned comments to CDC, Desk Officer; Human continue to be a leading source of data for January–December 2001, will result Resources and Housing Branch, New for the Congressionally-mandated in publication of new national estimates Executive Office Building, Room 10235; ‘‘Health US’’ and related publications, of health statistics, release of public use Washington, DC 20503. Written as well as the single most important micro data files, and a sampling frame comments should be received within 30 source of statistics to track progress for other integrated surveys. The days of this notice. toward the National Health Promotion annualized burden is 48,600 hours.
Average Questionnaire Number of Number of burden per (respondent) respondents responses per respondent respondent (in hours)
Family core (adult family member) ...... 42,000 1 21/60 Adult core (sample adult) ...... 42,000 1 21/60 Child core (adult family member) ...... 18,000 1 15/60 Periodic module (sample adult) ...... 42,000 1 21/60 All households ...... 42,000 1 110/60
Dated: August 18, 2000. SUMMARY: The Food and Drug ease the preparation of electronic Nancy Cheal, Administration (FDA) is announcing the submissions, facilitate regulatory Acting Associate Director for Policy, availability of a draft guidance entitled reviews and communication with the Planning, and Evaluation, Centers for Disease ‘‘M4 Organization of the Common applicant, and simplify the exchange of Control and Prevention (CDC). Technical Document for the Registration regulatory information among regulatory [FR Doc. 00–21612 Filed 8–23–00; 8:45 am] of Pharmaceuticals for Human Use’’ (M4 authorities. BILLING CODE 4163±18±P Common Technical Document). The DATES: Submit written comments on the draft guidance was developed under the draft guidance by September 30, 2000. auspices of the International Conference ADDRESSES: Submit written comments DEPARTMENT OF HEALTH AND on Harmonisation of Technical on the draft guidance to the Dockets HUMAN SERVICES Requirements for Registration of Management Branch (HFA–305), Food Pharmaceuticals for Human Use (ICH). and Drug Administration, 5630 Fishers Food and Drug Administration The draft guidance, which is being Lane, rm. 1061, Rockville, MD 20852. [Docket No. 00D±0186] made available simultaneously in four Copies of the draft guidance are parts, describes a harmonized format available on the Internet at http:// International Conference on and content for new product www.fda.gov/cder/guidance/index.htm Harmonisation; Draft Guidance on M4 applications (including applications for or at http://www.fda.gov/cber/ Common Technical Document; biotechnology-derived products) for publications.htm. Submit written Availability submission to the regulatory authorities requests for single copies of the draft AGENCY: Food and Drug Administration, in the three ICH regions. The M4 guidance to the Drug Information HHS. Common Technical Document is Branch (HFD–210), Center for Drug intended to reduce the time and Evaluation and Research, Food and ACTION: Notice. resources used to compile applications, Drug Administration, 5600 Fishers
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Lane, Rockville, MD 20857; or the Office Federation of Pharmaceutical Industries availability of an ICH guidance. The ICH of Communication, Training and Associations, the Japanese Ministry of guidance is placed in the docket and Manufacturers Assistance (HFM–40), Health and Welfare, the Japanese can be obtained through regular agency Center for Biologics Evaluation and Pharmaceutical Manufacturers sources (see the ADDRESSES section). Research (CBER), 1401 Rockville Pike, Association, the Centers for Drug The draft guidance is left in the original Rockville, MD 20852–1448, 301–827– Evaluation and Research and Biologics ICH format. The final guidance will be 3844, FAX 888–CBERFAX. Send two Evaluation and Research, FDA, and the reformatted to conform to the GGP style self-addressed adhesive labels to assist Pharmaceutical Research and before publication. the office in processing your requests. Manufacturers of America. The ICH In accordance with FDA’s good FOR FURTHER INFORMATION CONTACT: Secretariat, which coordinates the guidance practices (GGP) (62 FR 8961, Regarding the guidance: For the safety preparation of documentation, is February 27, 1997), ICH guidance (nonclinical) components: Joseph J. provided by the International documents are now being called DeGeorge, Center for Drug Federation of Pharmaceutical guidances, rather than guidelines. Manufacturers Associations (IFPMA). Evaluation and Research (HFD–24), II. The Common Technical Document Food and Drug Administration, The ICH Steering Committee includes 5600 Fishers Lane, Rockville, MD representatives from each of the ICH The draft guidance describes a 20857, 301–594–5476. sponsors and the IFPMA, as well as harmonized format and content for new For the quality components: Charles observers from the World Health product applications (including P. Hoiberg, Center for Drug Organization, the Canadian applications for biotechnology-derived Evaluation and Research (HFD– Therapeutics Products Programme, and products) for submission to the 810), Food and Drug the European Free Trade Area. regulatory authorities in the three ICH Administration, 5600 Fishers Lane, The ICH process has achieved regions. The common technical Rockville, MD 20857,301–594– significant harmonization of the document is intended to reduce the time technical requirements for the approval 2570; and Neil D. Goldman, Center and resources used to compile of pharmaceuticals for human use in the for Biologics Evaluation and applications, ease the preparation of three ICH regions. However, until Research (HFM–20), Food and Drug electronic submissions, facilitate recently, the application documents in Administration,1401 Rockville regulatory reviews and communication the three ICH regions had not been Pike, Rockville, MD 20852, 301– with the applicant, and simplify the examined, and there are different 827–0377. exchange of regulatory information requirements in the regions for the For the efficacy (clinical) sections: among regulatory authorities. composition and organization of Robert J. DeLap, Center for Drug The draft guidance addresses the product applications. As a result, three Evaluation and Research (HFD– organization of information presented in Expert Working Groups for Quality, 105), Food and Drug new product applications. With Safety, and Efficacy have been Administration, 9201 Corporate appropriate modifications, the draft developing harmonized guidance for the Blvd., Rockville, MD 20850, 301– guidance may be applied to abbreviated content and format of common sections 827–2250. or other applications. The draft of an application, called the ‘‘common Regarding the ICH: Janet J. Showalter, guidance is not intended to indicate technical document.’’ Once finalized, Office of International Programs what studies should be included, but the guidance ‘‘M4 Common Technical (HFY–20), Food and Drug merely to indicate an appropriate format Document’’ will describe an acceptable Administration, 5600 Fishers Lane, for data that are submitted. format and content for applications for The common technical document Rockville, MD 20857, 301–827– human pharmaceuticals that, once 0864. should be viewed as the common part supplemented with regional particulars, of a submission for new products, SUPPLEMENTARY INFORMATION: can be used with new products for presented in a modular fashion with I. Background submission to the regulatory authorities summaries and tables. It is intended that in the three ICH regions. In the Federal one of the modules (module I) in the In recent years, many important Register of February 11, 2000 (65 FR common technical document be initiatives have been undertaken by 7024), the agency announced the reserved as a region-specific module, regulatory authorities and industry availability of initial components of the and thus will not be harmonized. associations to promote international draft guidance and requested public When finalized, the common harmonization of regulatory comment. Comments from that technical document modular structure requirements. FDA has participated in announcement were considered in is envisioned as shown in the graphic at many meetings designed to enhance developing this draft guidance. the end of this notice and the following harmonization and is committed to In July 2000, the ICH Steering table of contents for the document: seeking scientifically based harmonized Committee agreed that a draft guidance technical procedures for pharmaceutical Module I: Administrative Information and entitled ‘‘M4 Common Technical Prescribing Information Documents are development. One of the goals of Document’’ should be made available region specific; for example, application harmonization is to identify and then for public comment. Comments about forms, prescribing information. reduce differences in technical the draft guidance will be considered by Module II: Common Technical Document requirements. FDA and the appropriate expert working Summaries ICH was organized to provide an group. A. Overall Common Technical Document opportunity for harmonization To facilitate the process of making Table of Contents initiatives to be developed with input ICH guidances available to the public, B. Overall Summaries from both regulatory and industry the agency is changing its procedures 1. Introduction 2. Quality Overall Summary representatives. ICH is concerned with for publishing ICH guidances. Since 3. Nonclinical Overall Summary harmonization among three regions: The April 2000, we no longer include the 4. Clinical Overall Summary European Union, Japan, and the United text of ICH guidances in the Federal C. Nonclinical Summaries States. The six ICH sponsors are the Register Instead, we publish a notice in 1. Pharmacology European Commission, the European the Federal Register announcing the a. Written summary
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b. Tabulated summary B. Study Reports to bind FDA or the public. An 2. Pharmacokinetics C. Key Literature References alternative approach may be used if a. Written summary The draft guidance being made such approach satisfies the b. Tabulated summary available with this notice is the product requirements of the applicable statutes, 3. Toxicology a. Written summary of the ICH Common Technical regulations, or both. b. Tabulated summary Document Expert Working Groups for Interested persons may submit to the D. Clinical Written Summary Quality, Safety, and Efficacy. To Dockets Management Branch (address facilitate the handling of the guidance, 1. Biopharmaceutics and Associated above) written comments on the draft it is being made available in four parts: Analytical Methods guidance by September 30, 2000. Two 2. Clinical Pharmacology (1) A description of the organization of copies of any comments are to be 3. Clinical Efficacy the M4 Common Technical Document; 4. Clinical Safety (2) the Quality section; (3) the Safety, or submitted, except that individuals may 5. Synopses of Individual Studies nonclinical section; and (4) the Efficacy, submit one copy. Comments are to be Module III: Quality or clinical section. identified with the docket number A. Table of Contents This draft guidance represent the found in brackets in the heading of this B. Body of Data agency’s current thinking on the content document. The components of the draft Module IV: Nonclinical Study Reports guidance and received comments may A. Table of Contents and format of a common application for B. Study Reports new products (i.e., the common be seen in the Dockets Management C. Key Literature References technical document). The draft guidance Branch between 9 a.m. and 4 p.m., Module V: Clinical Study Reports does not create or confer any rights for Monday through Friday. A. Table of Contents or on any person and does not operate BILLING CODE 4160±01±F
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Dated: August 15, 2000. an indication of the approximate time Reduction Act of 1995 (44 U.S.C. Margaret M. Dotzel, requested to make their presentation. Chapter 35, as amended). Associate Commissioner for Policy. After the scientific presentations, a 30- This Notice is soliciting comments [FR Doc. 00–21563 Filed 8–23–00; 8:45 am] minute open public session may be from members of the public and BILLING CODE 4160±01±C conducted for interested persons who affecting agencies concerning the have submitted their request to speak by proposed collection of information to: September 6, 2000, to address issues (1) Evaluate whether the proposed DEPARTMENT OF HEALTH AND specific to the topic before the collection of information is necessary HUMAN SERVICES subcommittee. for the proper performance of the Notice of this meeting is given under functions of the agency, including Food and Drug Administration the Federal Advisory Committee Act (5 whether the information will have U.S.C. app. 2). practical utility; (2) Evaluate the Pediatric Oncology Subcommittee of accuracy of the agency’s estimate of the the Oncologic Drugs Advisory Dated: August 15, 2000. burden of the proposed collection of Committee; Notice of Meeting Linda A. Suydam, Senior Associate Commissioner. information; (3) Enhance the quality, AGENCY: Food and Drug Administration, [FR Doc. 00–21561 Filed 8–23–00; 8:45 am] utility, and clarity of the information to be collected; and (4) Minimize the HHS. BILLING CODE 4160±01±F ACTION: Notice. burden of the collection of information on those who are to respond; including through the use of appropriate This notice announces a forthcoming DEPARTMENT OF HOUSING AND automated collection techniques or meeting of a public advisory committee URBAN DEVELOPMENT of the Food and Drug Administration other forms of information technology; (FDA). The meeting will be open to the [Docket No. FR±4561±N±57] e.g., permitting electronic submission of public. responses. Notice of Proposed Information Name of Committee: Pediatric This Notice also lists the following Collection: Comment Request; Oncology Subcommittee of the information: Request Voucher for Grant PaymentÐ Oncologic Drugs Advisory Committee. Title of Proposal: Request Voucher General Function of the Committee: LOCCS Voice Response Access Authorization For Grant Payment—LOCCS Voice To provide advice and Response Access Authorization. recommendations to the agency on AGENCY: Office of the Administration for OMB Control Number, if applicable: FDA’s regulatory issues. Chief Financial Officer, HUD. Date and Time: The meeting will be 2535–0102. ACTION: Notice. held on September 12, 2000, 1 p.m. to Description of the need for the 5:30 p.m. SUMMARY: The proposed information information and proposed use: Request Location: Hyatt Regency, One collection requirement described below vouchers are used by recipients to Bethesda Metro Center, Bethesda, MD. will be submitted to the Office of request distribution of grant funds Contact Person: Karen M. Templeton- Management and Budget (OMB) for through access to the Department’s Somers, Center for Drug Evaluation and review, as required by the Paperwork voice activated payment system. Research (HFD–21), Food and Drug Reduction Act. The Department is Information collected will be used as Administration, 5600 Fishers Lane, soliciting public comments on the mechanism to safeguard Federal funds Rockville, MD 20857, 301–827–7001, e- subject proposal. and to facilitate the payment of funds to recipients. mail: [email protected], or FDA DATES: Comments due: October 23, Advisory Committee Information Line, 2000. Agency form numbers, if applicable: 1–800–741–8138 (301–443–0572 in the HUD–27053, HUD–27053–A/B, HUD– ADDRESSES: Interested persons are Washington, DC area), code 12542. 27054. invited to submit comments regarding Please call the Information Line for up- this proposal. Comments should refer to Estimation of the total number of to-date information on this meeting. the proposal by name and/or OMB hours needed to prepare the information Agenda: The subcommittee will Control Number (2535–0102) should be collection including number of discuss parameters used in oncology for sent to: Wayne Eddins, Reports respondents, frequency of response, and extrapolation from the adult to the Management Officer, Department or hours of response: An estimation of the pediatric setting. Housing and Urban Development, 451 total number of hours needed to prepare Procedure: Interested persons may 7th Street, SW, L’Enfant Plaza Building, the information collection is 41,133, present data, information, or views, Room 800a, Washington, D.C. 20410. number of respondents is 2,000, orally or in writing, on issues pending frequency of response is on occasion, FOR FURTHER INFORMATION CONTACT: before the subcommittee. Written and the hours per response is 0.17. submissions may be made to the contact Wayne Eddins, Reports Management Officer, Q, Department of Housing and Status of the proposed information person by September 6, 2000. Oral collection: Extension without change of presentations from the public will be Urban Development, 451 Seventh Street, Southwest, Washington, DC 20410; e- a currently approved collection. scheduled between approximately 1:15 _ p.m. and 2:15 p.m. Time allotted for mail Wayne [email protected]; Authority: Section 3506 of the Paperwork telephone (202) 708–2374 (this is not a Reduction Act of 1995, 44 U.S.C. Chapter 35, each presentation may be limited. Those as amended. desiring to make formal oral toll-free number) for copies of the presentations should notify the contact proposed forms and other available Dated: August 18, 2000. person before September 6, 2000, and information. Wayne Eddins, submit a brief statement of the general SUPPLEMENTARY INFORMATION: The Departmental Reports Management Officer, nature of the evidence or arguments Department will submit the proposed Office of the Chief Information Officer. they wish to present, the names and information collection to OMB for [FR Doc. 00–21606 Filed 8–23–00; 8:45 am] addresses of proposed participants, and review, as required by the Paperwork BILLING CODE 4210±01±M
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DEPARTMENT OF THE INTERIOR requirements of the Privacy Act and from the Southern Beaufort Sea polar Freedom of Information Act, by any bear population, Canada for personal Fish and Wildlife Service party who submits a written request for use. a copy of such documents to the Notice is hereby given that on August Notice of Receipt of Applications for following office within 30 days of the 9, 2000, as authorized by the provisions Permit date of publication of this notice: U.S. of the Marine Mammal Protection Act of Endangered Species Fish and Wildlife Service, Office of 1972, as amended (16 U.S.C. 1361 et Management Authority, 4401 North seq.) the Fish and Wildlife Service The following applicants have Fairfax Drive, Room 700, Arlington, authorized the requested permit subject applied for a permit to conduct certain Virginia 22203. Phone: (703/358–2104); to certain conditions set forth therein. activities with endangered species. This FAX: (703/358–2281). On May 11, 2000, a notice was notice is provided pursuant to Section published in the Federal Register, Vol. 10(c) of the Endangered Species Act of Dated: August 18, 2000. 65, No. 92, Page 30425, that an 1973, as amended (16 U.S.C. 1531, et Charlie Chandler, application had been filed with the Fish seq.): Chief, Branch of Permits, Office of and Wildlife Service by David B. Applicant: Robert G. Pali, Laverock, Management Authority. Hartman, Canfield, OH, for a permit PA, PRT–031956 [FR Doc. 00–21689 Filed 8–23–00; 8:45 am] (PRT–026772) to import a sport-hunted The applicant requests a permit to BILLING CODE 4310±55±M polar bear (Ursus maritimus) trophy, import the sport-hunted trophy of one taken from the Southern Beaufort Sea male bontebok (Damaliscus pygargus polar bear population, Canada for dorcas) culled from a captive herd DEPARTMENT OF THE INTERIOR personal use. maintained under the management Notice is hereby given that on August program of the Republic of South Africa, Fish and Wildlife Service 4, 2000, as authorized by the provisions for the purpose of enhancement of the Issuance of Permit for Marine of the Marine Mammal Protection Act of survival of the species. Mammals 1972, as amended (16 U.S.C. 1361 et Applicant: Adam Radolinski, South seq.) the Fish and Wildlife Service Hales, NY, PRT–031958 On May 22, 2000, a notice was authorized the requested permit subject The applicant requests a permit to published in the Federal Register, Vol. to certain conditions set forth therein. import the sport-hunted trophy of one 65, No. 99, Page 32121, that an Dated: August 18, 2000. male bontebok (Damaliscus pygargus application had been filed with the Fish Charlie Chandler, dorcas) culled from a captive herd and Wildlife Service by Darrell W. International Chief, Branch of Permits, Office maintained under the management Hindman, St. Louis, MO, for a permit of Management Authority. program of the Republic of South Africa, (PRT–027204) to import a sport-hunted [FR Doc. 00–21690 Filed 8–23–00; 8:45 am] for the purpose of enhancement of the polar bear (Ursus maritimus) trophy, survival of the species. taken from the Northern Beaufort Sea BILLING CODE 4310±55±P Applicant: Wildlife Conservation polar bear population, Canada for Society, Bronx, N.Y., PRT–024712 personal use. DEPARTMENT OF THE INTERIOR The applicant has requested Notice is hereby given that on August amendment to their application for 9, 2000, as authorized by the provisions Fish and Wildlife Service which notice was published on April of the Marine Mammal Protection Act of 13, 2000/Vol. 65, No. 72, page 19918. 1972, as amended (16 U.S.C. 1361 et Atlantic Coastal Fisheries Cooperative The applicant wishes to increase the seq.) the Fish and Wildlife Service Management Act Coordination number of Kihansi spray toads to be authorized the requested permit subject Committee Meeting imported from 100 to 500 from the to certain conditions set forth therein. AGENCY: Fish and Wildlife Service, Kihansi River Gorge area of Tanzania for On July 7, 2000, a notice was Interior. the purpose of propagation for the published in the Federal Register, Vol. enhancement of the survival of the 65, No. 131, Page 42024, that an ACTION: Notice of meeting. species. application had been filed with the Fish SUMMARY: This notice announces a Applicant: Cleveland Metroparks Zoo, and Wildlife Service by W. Stephen meeting of the Atlantic Coastal Fisheries Cleveland, N.Y., PRT–032484 Minore, Rockford, IL, for a permit (PRT– Cooperative Management Act The applicant requests a permit to 029703) to import a sport-hunted polar Coordination Committee. The meeting export five captive-held Andean bear (Ursus maritimus) trophy, taken topics are identified in the condors (Vultur gryphus) to from the McClintock Channel polar bear SUPPLEMENTARY INFORMATION. BIOANDINA, Merida, Venezuela, for the population, Canada for personal use. DATES: The Atlantic Coastal Fisheries purpose of enhancement of the survival Notice is hereby given that on August Cooperative Management Act of the species through propagation, 9, 2000, as authorized by the provisions Coordination Committee will meet from conservation education, and possible of the Marine Mammal Protection Act of 9:00 a.m. to 3:00 p.m., Wednesday, release to the wild. 1972, as amended (16 U.S.C. 1361 et October 25, 2000, and is open to the Written data or comments should be seq.) the Fish and Wildlife Service public. submitted to the Director, U.S. Fish and authorized the requested permit subject Wildlife Service, Office of Management to certain conditions set forth therein. ADDRESSES: The meeting will be held at Authority, 4401 North Fairfax Drive, On February 10, 2000, a notice was the U.S. Fish and Wildlife Service, 4401 Room 700, Arlington, Virginia 22203 published in the Federal Register, Vol. N. Fairfax Drive, Room 800, Arlington, and must be received by the Director 65, No. 28, Page 6618, that an Virginia. within 30 days of the date of this application had been filed with the Fish FOR FURTHER INFORMATION CONTACT: publication. and Wildlife Service by Horst J. Baier, Morgan McCosh, U.S. Fish and Wildlife Documents and other information Miami Beach, FL, for a permit (PRT– Service, at 703–358–1718. submitted with these applications are 022027) to import a sport-hunted polar SUPPLEMENTARY INFORMATION: Pursuant available for review, subject to the bear (Ursus maritimus) trophy, taken to Public Law 103–206, as amended,
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ACTION: Notice of Solicitation on Federal prices. The highest bidder, exceeding or flows required to meet the spring pulse Royalty Oil. meeting minimum bid, will be notified flow target exceed 110,000 acre-feet, by phone or e-mail and provided a list Reclamation may purchase up to an SUMMARY: MMS is announcing a public of properties from which to choose. additional 50,000 acre-feet (i.e., above competitive offering of approximately After the highest bidder selects his/her 110,000 acre-feet) to supplement the 35,000 barrels per day of crude oil to be properties, the list of remaining spring pulse flows. The additional pulse taken as royalty in kind from Federal properties will be provided to the next flows would enter as releases from properties in the Gulf of Mexico. This highest bidder. This process will be water purveyors into the Tuolumne solicitation may be found on the MMS continued until all the oil is selected or and/or Merced Rivers. Internet website at http:// the minimum bid threshold is met. www.rmp.mms.gov. DATES: Written comments on the scope As stated previously, this sale will be of the DSEIS/EIR must be received by DATES: See SUPPLEMENTARY INFORMATION a competitive bidding process, whereby September 28, 2000. Comments received section below. a minimum bid, for each oil type, based after this date will be considered, but ADDRESSES: See FOR FURTHER on differentials from index prices will may not be included in the resulting INFORMATION CONTACT section below. be established. If the minimum bid price DSEIS/EIR scope. FOR FURTHER INFORMATION CONTACT: Mr. is not met, MMS will have the option to negotiate prices with the highest ADDRESSES: Written comments should Todd Leneau, Minerals Management be sent to Mr. John Burke, Water Service, Procurement Branch, MS 2730, bidder. This offering of crude oil continues Acquisition Program Manager (MP410), P.O. Box 25165, Denver Federal Center, the MMS’s royalty-in-kind pilot Bureau of Reclamation, 2800 Cottage Denver, CO 80225–0165; telephone program. MMS’s objective is to identify Way, Sacramento, CA 95825; fax 916/ number (303) 275–7385; fax (303) 275– circumstances in which taking oil and 978–5290. 7303; e-mail [email protected]. gas royalties as a share of production is FOR FURTHER INFORMATION CONTACT: Mr. SUPPLEMENTARY INFORMATION: This a viable alternative to the usual practice Burke at the above address or by Solicitation Number 1435–02–00–RP– of collecting oil and gas royalties as a telephone at: 916/978–5556 (TDD 916/ 40337 offers approximately 35,000 share of the value received by the lessee 978–5608). barrels of crude oil per day from from the sale of production. selected Federal properties in the Gulf SUPPLEMENTARY INFORMATION: The of Mexico. This solicitation was posted Dated: August 21, 2000. SJRGA was established to provide a to the MMS Internet website on August Lucy Querques Denett, level of protection equivalent to the San 22, 2000, and may be found at http:// Associate Director for Royalty Management. Joaquin River flow objectives contained www.rmp.mms.gov under the question [FR Doc. 00–21687 Filed 8–23–00; 8:45 am] in the State Water Resources Control ‘‘What else is new?’’ The solicitation BILLING CODE 4310±MR±P Board’s (SWRCB) 1995 Water Quality may also be obtained by contacting Mr. Control Plan for the lower San Joaquin Todd Leneau at the address in the FOR River and San Francisco Bay-Delta FURTHER INFORMATION CONTACT section DEPARTMENT OF THE INTERIOR Estuary (Delta). A key part of the SJRA above. is the VAMP which is a scientifically Bids should be submitted to the Bureau of Reclamation based adaptive fishery management address provided in the solicitation. plan to help determine the relationships Draft Supplemental EIS/EIR for Bids will be due at that address on or between flows, exports, and other Acquisition of Additional Water for before September 18, 2000. MMS will factors on fish survival in this region of Meeting the San Joaquin River notify successful bidders and operators the Delta. The SWRCB adopted Agreement Flow Objectives, 2001±2010 of production selected for royalty in pertinent provisions of the SJRA on kind on or before September 30, 2000. AGENCY: Bureau of Reclamation, December 29, 1999, and issued its The royalty oil contracts will be Interior. Revised Water Right Decision 1641 (D– 1641) containing these provisions on effective November 1, 2000, and will ACTION: Notice of Intent to prepare a have a 6-month term with a 6-month joint Draft Supplemental Environmental March 15, 2000. D–1641 approved contract extension by mutual consent of Impact Statement/Environmental implementation of the VAMP through both the winning bidder and MMS. Impact Report (DSEIS/EIR). December 31, 2011. The Federal Government will begin A joint Final EIS/EIR was prepared in taking the awarded royalty oil volumes SUMMARY: The Bureau of Reclamation January 1999 by the SJRGA and for delivery to successful bidders (Reclamation) and the San Joaquin River Reclamation to meet CEQA and NEPA beginning on November 1, 2000. Under Group Authority (SJRGA) are preparing requirements to address environmental the terms of this solicitation, operators a joint DSEIS/EIR, pursuant to the impacts associated with acquiring water will deliver the royalty oil to market National Environmental Policy Act to meet the flow objectives in the SJRA. centers such as St. James and Empire, (NEPA) and the California This document addressed the need for Louisiana, where winning bidders will Environmental Quality Act (CEQA), to up to 110,000 acre-feet to meet a 31-day take delivery. Winning bidders will evaluate the purchase of up to 50,000 spring pulse flow target in the San report deliveries to MMS using a acre-feet of water annually during the Joaquin River at Vernalis. The SJRA Microsoft Excel spreadsheet. Pricing 2001 through 2010 water years from the allows for willing sellers among the will be established in the contract. SJRGA and its members to meet a 31- SJRGA to sell Reclamation additional MMS is allowing bidders to self- day spring pulse flow target in the San water when the spring pulse flow target certify their financial solvency instead Joaquin River at Vernalis. The spring exceeds 110,000 acre-feet. The Final of posting a letter of credit. Details are pulse flow target in a given water year EIS/EIR prepared for the SJRA available in the solicitation. is dependent on hydrological conditions acknowledged the need for this Royalty oil will be sold based on a and is established by Vernalis Adaptive additional water from willing sellers in competitive bidding process. The bid Management Plan (VAMP) flow some water years but did not address proposal will be based on formulas objectives within the San Joaquin River the environmental impacts associated representing differentials from index Agreement (SJRA). When supplemental with acquiring this supplemental water.
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The purpose of the DSEIS/EIR is to may be carried over to the agenda of the other forms of information technology, update and supplement analyses following meeting. e.g., permitting electronic submission of presented in the 1999 Final EIS/EIR to By order of the Commission. responses. address the acquisition of up to 50,000 Issued: August 22, 2000. Type of Review: Extension of a acre-feet of water annually during the Donna R. Koehnke, currently approved collection. 2001 through 2010 water years. The DSEIS/EIR analysis will include a Secretary. Agency: Pension and Welfare Benefits detailed hydrologic analysis and will [FR Doc. 00–21763 Filed 8–22–00; 1:30 pm] Administration. focus on potential impacts involving the BILLING CODE 7020±02±M Title: Application for EFAST following resources: Surface Water, Electronic Signature and Codes for Ground Water, Vegetation and Wildlife EFAST Transmitters and Software Resources, Fishery Resources, Land Use, DEPARTMENT OF LABOR Developers. Recreation, Energy Resources, and OMB Number: 1210–0117. Cultural Resources. Also, the DSEIS/EIR Office of the Secretary Affected Public: Individuals or will address the following issues: Submission for OMB Review; households; Business or other for-profit; potential sources of water supply (e.g., Comment Request Not-for-profit institutions. carryover storage, ground water, conservation/tailwater recovery), August 16, 2000. Frequency of Response: On occasion. alternative releases on the tributaries The Department of Labor (DOL) has Total Respondents: 240,250. (Tuolumne and Merced rivers), effects submitted the following public Total Responses: 240,250. on exports/water supply, estimated information collection request (ICR) to Estimated Time Per Response: 20 water quality at Vernalis, potential the Office of Management and Budget minutes. effects on anadromous fish including (OMB) for review and approval in steelhead, and cumulative impacts. accordance with the Paperwork Total Estimated Burden Hours: Dated: August 10, 2000. Reduction Act of 1995 (Pub. L. 104–13, 80,083. Richard G. Kristof, 44 U.S.C. chapter 35). A copy of each Total Annualized Capital/Startup Acting Regional Resources Manager. individual ICR, with applicable Costs: $0. [FR Doc. 00–20772 Filed 8–23–00; 8:45 am] supporting documentation, may be Total Annual Cost (Operating and obtained by calling the Department of BILLING CODE 4310±MN±P Maintenance): $91,000. Labor. To obtain documentation for BLS, ETA, PWBA, and OASAM contact Description: On February 2, 2000, the Karin Kurz ((202) 219–5096 ext. 159 or Department of Labor, Pension and INTERNATIONAL TRADE by E-mail to [email protected]). To Welfare Benefits Administration, the COMMISSION obtain documentation for ESA, MSHA, Department of the Treasury, Internal Revenue Service, and the Pension Sunshine Act Meeting OSHA, and VETS contact Darrin King ((202) 219–5096 ext. 151 or by E-Mail to Benefit Guaranty Corporation AGENCY HOLDING THE MEETING: United [email protected]). announced the new computer scannable States International Trade Commission. Comments should be sent to Office of ‘‘hand print’’ and ‘‘machine print’’ TIME AND DATE: August 30, 2000 at 11:00 Information and Regulatory Affairs, formats for the revised Form 5500 a.m. Attn: OMB Desk Officer for BLS, DM, Series. Using scannable forms and electronic filing technologies under the PLACE: Room 101, 500 E Street S.W., ESA, ETA, MSHA, OSHA, PWBA, or ERISA Filing and Acceptance System— Washington, DC 20436, Telephone: VETS, Office of Management and EFAST, the revised Form 5500 Series (202) 205–2000. Budget, Room 10235, Washington, DC was designed to simplify and expedite STATUS: Open to the public. 20503 ((202) 395–7316), within 30 days from the date of this publication in the processing of returns/reports concerning MATTERS TO BE CONSIDERED: the financial conditions and operations 1. Agenda for future meeting: None. Federal Register. The OMB is particularly interested in of certain employee benefit plans and 2. Minutes. fringe benefit plans. 3. Ratification List. comments which: 4. Inv. Nos. 731–TA–885–887 • evaluate whether the proposed In order to participate in the (Preliminary) (Desktop Note Counters collection of information is necessary electronic filing program, applicants are and Scanners from China, Korea, and for the proper performance of the required to submit an Application for the United Kingdom)—briefing and functions of the agency, including EFAST Electronic Signature and Codes vote. (The Commission is currently whether the information will have for EFAST Transmitters and Software scheduled to transmit its determination practical utility; Developers (Form EFAST–1), the subject to the Secretary of Commerce on August • evaluate the accuracy of the agency’s of this ICR. Applicants who may file the 31, 2000; Commissioners’ opinions are estimate of the burden of the proposed Form EFAST–1 include: (1) individuals currently scheduled to be transmitted to collection of information, including the applying for an electronic signature to the Secretary of Commerce on validity of the methodology and sign a Form 5500 or 5500–EZ; (2) September 8, 2000.) assumptions used; transmitters applying for codes; and (3) 5. Outstanding action jackets: • enhance the quality, utility, and software developers applying for codes. (1) Document No. EC–00–015: clarity of the information to be The information provided by Form Approval of final report in Inv. No. 332– collected; and EFAST–1 applicants, combined with the 412 (The Year in Trade 1999, Operation • minimize the burden of the codes supplied to the applicants by of the Trade Agreements Program, 51st collection of information on those who EFAST, allows EFAST to verify a filer, Report). are to respond, including through the transmitter, of software developer’s In accordance with Commission use of appropriate automated, standing as a qualified participant in the policy, subject matter listed above, not electronic, mechanical, or other electronic filing program. EFAST–1 disposed of at the scheduled meeting, technological collection techniques or information also established a means of
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NASA Case No. MSC 22953–1: Method NATIONAL AERONAUTICS AND Dated: August 16, 2000. and Apparatus for Reducing the SPACE ADMINISTRATION Edward A. Frankle, Vulnerability of Latches to Single General Counsel. [Notice 00±099] Event Upsets; [FR Doc. 00–21583 Filed 8–23–00; 8:45 am] NASA Case No. MSC 22980–1: Bubble Government-Owned Inventions, BILLING CODE 7510±01±P Measuring Instrument and Method; Available for Licensing NASA Case No. MSC 23026–1: Manually Operated Welding Wire AGENCY: National Aeronautics and NATIONAL AERONAUTICS AND Feeder; Space Administration. SPACE ADMINISTRATION NASA Case No. MSC 23049–1: ACTION: Notice of availability of Microwave Treatment System for inventions for licensing. [Notice 00±100] Prostate Cancer and Hyperplasia; NASA Case No. MSC 23076–1: Portable SUMMARY: The inventions listed below Government-Owned Inventions, Hyperbaric Chamber; are assigned to the National Aeronautics Available for Licensing NASA Case No. MSC 23089–1: and Space Administration, have been Improved Circularly Polarized filed in the United States Patent and AGENCY: National Aeronautics and Microstrip Antenna; Trademark Office, and are available for Space Administration. licensing: DATES: August 24, 2000. ACTION: Notice of availability of NASA Case No. LAR 15361–2: Gas inventions for licensing. FOR FURTHER INFORMATION CONTACT: Sensor Detector Balancing; Edward Fein, Patent Counsel, Johnson NASA Case No. LAR 15463–2–SB: SUMMARY: Space Center, Mail Code HA, Houston, Fabrication of Molded Magnetic The inventions listed below Texas, 77058–3696; Tel. (281) 483– Article (Div of –1); are assigned to the National Aeronautics 4871; Fax (281) 244–8452. NASA Case No. LAR 15493–2/3/4: and Space Administration, have been filed in the United States Patent and Dated: August 16, 2000. Pistons and Cylinders Made of Carbon-Carbon Composites (Div of Trademark Office, and are available for Edward A. Frankle, licensing: General Counsel. –1); NASA Case No. LEW 16056–2: Design [FR Doc. 00–21581 Filed 8–23–00; 8:45 am] NASA Case No. LAR 15499–1: Method and Apparatus for Assessment of and Manufacture of Long Life Hollow BILLING CODE 7510±01±P Changes in Intracranial Pressure; Cathode Assemblies; NASA Case No. LAR 15508–1: NASA Case No. LEW 16803–1: NATIONAL AERONAUTICS AND Distributed Rayleigh Scatter Fiber Segmented Thermal Barrier Coating; Optic Strain Sensor; SPACE ADMINISTRATION NASA Case No. LEW 16833–1: Self NASA Case No. LAR 15555–2: Tuning Impact Damper; Molecular Level Coating of Metal [Notice 00±098] Oxide Particles; NASA Case No. LEW 16968–1: Government-Owned Inventions, NASA Case No. LAR 15761–1–SB: Melt- Development of Processable Available for Licensing Extrusion of Polyimide Fibers, Polyimides for High Temperature Ribbons, Rods, and Shaped Parts; Applications with the Use of AGENCY: National Aeronautics and NASA Case No. LAR 15816–1: Triamine Additives; Space Administration. Piezoelectric Macro-Fiber Composite NASA Case No. LEW 16987–1: New ACTION: Notice of availability of Actuator and Method for Making Latent Reactive Endcaps for Polymers inventions for licensing. Same; with Improved Thermal Oxidative NASA Case No. LAR 15818–2: Optical Stability; SUMMARY: The inventions listed below Path Switching Based Differential NASA Case No. LEW 17012–1: are assigned to the National Aeronautics Absorption Radiometry for Substance Cyclohexene Endcaps for Polymers and Space Administration, have been Detection; with Improved Thermal Oxidative filed in the United States Patent and NASA Case No. LAR 15831–3: Hollow Stability; Trademark Office, and are available for Polyimide Microspheres; licensing: NASA Case No. LAR 15856–1: Device NASA Case No. LEW 26691–1: PMR NASA Case No. KSC 11886: Extreme and Method for Reducing Aircraft Extended Shelf Life Tech—A Wind Velocity Measurement System; Noise; Chemical Process to Significantly Retard the Premature Aging of PMR NASA Case No. KSC 12052: NASA Case No. LAR 15934–1: Edge Resin Solutions and PMR Prepregs. Communications Interface for Wireless Triggered Apparatus and Method for Communications Headset. Measuring Strain in Bragg Gratings; DATES: August 24, 2000. NASA Case No. LAR 16093–1: DATES: August 24, 2000. Thickness Measurement Device for FOR FURTHER INFORMATION CONTACT: Kent FOR FURTHER INFORMATION CONTACT: Ice or Ice Mixed with Water or Other N. Stone, Patent Attorney, Glenn Diana Cox, Patent Counsel, Kennedy Liquids (CIP of 15825 which was a Research Center at Lewis Field, Mail Space Center, Mail Code: CC–A, CIP of 15061–1). Code 500–118, Cleveland, Ohio 44135; Kennedy Space Center, FL, 32899; Tel. Tel. (216) 433–8855; Fax (216) 433– DATES: August 24, 2000. (321) 867–7214; Fax (321) 867–1817. 6790. FOR FURTHER INFORMATION CONTACT: Dated: August 16, 2000. Linda Blackburn, Patent Attorney, Dated: August 16, 2000. Edward A. Frankle, NASA Langley Research Center, Mail Edward A. Frankle, General Counsel. Code 212, Hampton, VA 23681–2199; General Counsel. [FR Doc. 00–21582 Filed 8–23–00; 8:45 am] Tel. (757) 864–9260; Fax (757) 864– [FR Doc. 00–21584 Filed 8–23–00; 8:45 am] BILLING CODE 7510±01±P 9190. BILLING CODE 7510±10±P
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NATIONAL AERONAUTICS AND Dated: August 16, 2000. ACTION: Notice of prospective patent SPACE ADMINISTRATION Edward A. Frankle, license. General Counsel. [Notice 00±101] SUMMARY: NASA hereby gives notice [FR Doc. 00–21585 Filed 8–23–00; 8:45 am] that Phoenix Systems International, Inc. Government-Owned Inventions, BILLING CODE 7510±01±P of McDonald, OH, has applied for an Available for Licensing exclusive license to practice the AGENCY: National Aeronautics and NATIONAL AERONAUTICS AND invention described and claimed in a Space Administration. SPACE ADMINISTRATION U.S. Provisional Patent Application 60/ ACTION: Notice of availability of 163,045 entitled ‘‘System for Reducing inventions for licensing. [Notice 00±103] Nitrogen Oxide Emissions from Stationary Combustion Sources,’’ which SUMMARY: The inventions listed below NASA Advisory Council (NAC), Task is assigned to the United States of are assigned to the National Aeronautics Force on International Space Station America as represented by the and Space Administration, have been Operational Readiness; Meeting Administrator of the National filed in the United States Patent and Aeronautics and Space Administration. AGENCY: Trademark Office, and are available for National Aeronautics and Written objections to the prospective licensing: Space Administration. grant of a license should be sent to NASA Case No. MFS 26503–1: ACTION: Notice of Meeting. Patent Counsel, Assistant Chief Counsel, NASA, Mail Code: CC–A, Office of the Microgravity Fiber Pulling Apparatus; SUMMARY: In accordance with the NASA Case No. MFS 31066–1: Federal Advisory Committee Act, Pub. Chief Counsel, John F. Kennedy Space Attachment Fitting for Pressure L. 92–463, as amended, the National Center, Kennedy Space Center, FL Vessel; Aeronautics and Space Administration 32899. NASA Case No. MFS 31230–1: Method announces an open meeting of the NAC DATES: Responses to this Notice must be and Apparatus for Reading Two Task Force on International Space received on or before October 23, 2000. Dimensional Identification Symbols Station Operational Readiness (IOR). Using Radar Techniques; FOR FURTHER INFORMATION CONTACT: NASA Case No. MFS 31289–1: Method DATES: Friday, September 1, 2000, 12:00 Diana M. Cox, Patent Counsel/Assistant and System for Reducing Plasma Loss Noon–1:00 p.m. Eastern Daylight Time. Chief Counsel, NASA, Office of the in a Magnetic Mirror Fusion Reactor; ADDRESSESS: NASA Headquarters, 300 E Chief Counsel, John F. Kennedy Space NASA Case No. MFS 31331–1: Infrared Street, SW, Room 7W31, Washington, Center, Mail Code: CC–A, Kennedy Communication System; DC 20546. Space Center, FL 32899, telephone (321) NASA Case No. MFS 31340–1: FOR FURTHER INFORMATION CONTACT: Mr. 867–7214. Lightweight Fluid Container; Philip Cleary, Code IH, National Dated: August 16, 2000. NASA Case No. MFS 31341–1: Atomic- Aeronautics and Space Administration, Edward A. Frankle, Based Combined Cycle Propulsion Washington, DC 20546–0001, 202/358– General Counsel. System and Method; 4461. NASA Case No. MFS 31343–1: Low- [FR Doc. 00–21586 Filed 8–23–00; 8:45 am] SUPPLEMENTARY INFORMATION: This Cost Gas Generator and Ignitor; BILLING CODE 7510±01±P NASA Case No. MFS 31364–1: Small meeting will be open to the public up Mobility Base Docking Simulator; to the seating capacity of the room. The NASA Case No. MFS 31368–1: Electro- agenda for the meeting is as follows: —Review the safety and operational NATIONAL FOUNDATION ON THE Mechanical Multi-Message Display; ARTS AND THE HUMANITIES NASA Case No. MFS 31387–1: Gravity flight readiness of International Space Station (ISS) activities to be conducted Responsive NADH Oxidase of the Meeting of the National Museum on the Shuttle (STS–106) Mission (ISS Plasma Membrane; Services Board and the National assembly flight 2A.2b). NASA Case No. MFS 31388–1: Commission on Libraries and It is imperative that the meeting be Identification of the Biological Clock; Information Science; Sunshine Act held on this date to accommodate the NASA Case No. MFS 31396–1: Method Meeting of Making Molecular Connections on scheduling priorities of the key a Nanometric Scale Using Nucleic participants. Visitors will be requested AGENCY: Institute of Museum and Acids; to sign a visitors register. Library Sciences. NASA Case No. MFS 31403–1: Dated: August 17, 2000. ACTION: Notice of meeting. Structural Assembly Device; Mathew M. Crouch, SUMMARY: NASA Case No. MFS 31419–1: Advisory Committee Management Officer, This notice sets forth the Apparatus & Method for Generating National Aeronautics and Space agenda of a forthcoming meeting of the Thrust Using a Two Dimensional, Administration. National Museum Services Board and Asymmetrical Capacitor; [FR Doc. 00–21587 Filed 8–23–00; 8:45 am] the National Commission on Libraries NASA Case No. MFS 31438–1: Rocket BILLING CODE 7510±01±P and Information Science. This notice Combustion Chamber Coating; also describes the function of the NASA Case No. MFS 31454–1: boards. Notice of this meeting is Thermally Activated Joining NATIONAL AERONAUTICS AND required under the Government through Apparatus. SPACE ADMINISTRATION the Sunshine Act (Public Law 94–409) DATES: August 24, 2000. and regulations of the Institute of FOR FURTHER INFORMATION CONTACT: [Notice 00±102] Museum and Library Services, 45 CFR 1180.84. James McGroary, Patent Counsel, Notice of Prospective Patent License Marshall Space Flight Center, Code TIME/DATE: 9:00 am–12:00 pm on Friday, LS01, Huntsville, AL 35812; Tel. (256) AGENCY: National Aeronautics and September 15, 2000. 544–0013; Fax (256) 544–0258. Space Administration. STATUS: Open.
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ADDRESS: The Madison Hotel, 15th and Dated: August 15, 2000. The proposed amendment involves M Streets, NW, Mt. Vernon Room— Linda Bell, administrative changes to the TS only. Salon C, Washington, DC 20005, (202) Director of Policy, Planning and Budget, No actual plant equipment, regulatory 862–1600. National Foundation on the Arts and requirements, operating practices, or Humanities, Institute of Museum and Library analyses are affected by the proposed FOR FURTHER INFORMATION CONTACT: Services. amendment. Elizabeth Lyons, Special Assistant to the [FR Doc. 00–21824 Filed 8–22–00; 3:38 pm] Director, Institute of Museum and Environmental Impacts of the Proposed BILLING CODE 7036±01±M Library Services, 1100 Pennsylvania Action Avenue, NW, Room 510, Washington, The NRC has completed its evaluation DC 20506, (202) 606–4649. NUCLEAR REGULATORY of the proposed action and concludes SUPPLEMENTARY INFORMATION: The COMMISSION that there is no significant National Museum Services Board is environmental impact if the amendment established under the Museum Services Niagara Mohawk Power Corporation, et is granted. No changes will be made to Act, Title II of the Arts, Humanities, and al.; Nine Mile Point Nuclear Station, the design, licensing bases, or the Cultural Affairs Act of 1976, Public Law Unit No. 2, Environmental Assessment applicable procedures at the unit. Other 94–462. The Board has responsibility for and Finding of No Significant Impact than the administrative changes, no the general policies with respect to the other changes will be made to the TS. powers, duties, and authorities vested in [Docket No. 50–410] The proposed action will not the Institute under the Museum Services The U.S. Nuclear Regulatory significantly increase the probability or Act. Commission (NRC) is considering consequences of accidents, no changes issuance of an amendment to Facility The United States National are being made in the types of any Operating License No. NPF–69, issued Commission on Libraries and effluents that may be released offsite, to Niagara Mohawk Power Corporation, Information Science (NCLIS) is and there is no significant increase in et al. (the licensee), for operation of the established under Public Law 91–345 as occupational or public radiation Nine Mile Point Nuclear Station, Unit amended, The National Commission on exposure. Therefore, there are no No. 2, located in Oswego County, New Libraries and Information Science Act. significant radiological environmental York. In accordance with section 5(b) of the impacts associated with the proposed Act, the commission has the Environmental Assessment action. responsibility for advising the Director With regard to potential non- Identification of Proposed Action of the Institute of Museum and Library radiological impacts, the proposed Services on general policies relating to The proposed action would amend action does not involve any historic library services. Section 3.10.8, ‘‘SHUTDOWN MARGIN sites. It does not affect non-radiological plant effluents and has no other The meeting on Friday, September 15, (SDM) Test—Refueling,’’ of the Nine Mile Point Nuclear Station, Unit No. 2, environmental impact. Therefore, there 2000 will be open to the public. If you are no significant non-radiological need special accommodations due to a Technical Specifications (TS), correcting an administrative error environmental impacts associated with disability, please contact: Institute of the proposed action. Museum and Library Services, 1100 introduced when Amendment No. 92 Accordingly, the NRC concludes that Pennsylvania Avenue, NW, Washington, was processed. there are no significant environmental DC 20506—(202) 606–8536—TDD (202) The proposed action is in response to impacts associated with the proposed 606–8636 at least seven (7) days prior to the licensee’s application dated June 8, action. the meeting date. 2000. Alternatives to the Proposed Action Agenda The Need for the Proposed Action 4th Annual Meeting of the National Museum On February 15, 2000, the staff issued As an alternative to the proposed Services Board and The National Amendment No. 91, converting the TS action, the staff considered denial of the Commission on Libraries and Information to the Improved Technical proposed action (i.e., the ‘‘no-action’’ Science at The Madison Hotel, 15th and M Specifications format and style. alternative). Denial of the application Streets, NW, Mt. Vernon Room—Room C, Amendment No. 91 was to be fully would result in no change in current Washington, DC 20005 on Friday, September implemented by August 31, 2000; in the environmental impacts. The 15, 2000 interim, the licensee will continue to environmental impacts of the proposed 9:00 am–12:00 pm use the pre-Amendment No. 91 TS. On action and the alternative action are I. The Chairs’ Welcome and Minutes of the March 2, 2000, the staff issued similar. Amendment No. 92, which imposes 3rd Annual Meeting Alternative Use of Resources II. Director’s Welcome and Opening Remarks requirements on the Oscillating Power III. Outcomes-based Evaluation: Range Monitor (OPRM) system on both This action does did not involve the Methodology/Training Schedule the pre-Amendment No. 91 TS and post- use of any resources not previously IV. National Leadership Grants Amendment No. 91 TS. Subsequently, considered in the Final Environmental a. Analysis: National Leadership Grants the licensee found that certain pages Statement related to the Nine Mile Point 2000 contain inadvertent administrative Nuclear Station, Unit 2. errors (i.e., numbering of sections) in b. Panel and Field Review Process Agencies and Persons Contacted c. Review of Guidelines that certain pre- and post-Amendment V. Emerging Issues in Digitization No. 91 pages differ for no technical In accordance with its stated policy, a. Presenters reason. By letter dated June 7, 2000, the on July 7, 2000, the staff consulted with b. Q and A licensee proposed to correct these errors the New York State official, Mr. Jack VI. National Award for Museum Service/ which were inadvertently introduced Spath, regarding the environmental National Award for Library Service during the review process of impact of the proposed amendment. The VII. Reauthorization update Amendment No. 92. State official had no comments.
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Finding of No Significant Impact payments, discounts, rebates or Jackson and Wood in the State of On the basis of the foregoing reduction in fees received by the firm Wisconsin may be filed until the environmental assessment, the NRC over the past year. specified date at the previously concludes that the proposed It is estimated that there are designated location. Any counties approximately 7,500 registered broker- contiguous to the above-named primary amendment will not have a significant 1 effect on the quality of the human dealers. The staff estimates that the county and not listed herein have been environment. Accordingly, the NRC has average number of hours necessary for previously declared. determined not to prepare an each broker-dealer to comply with Rule All other information remains the environmental impact statement for the 11Ac1–3 is fourteen hours annually. same, i.e., the deadline for filing proposed amendment. Thus, the total burden is 105,000 hours applications for physical damage is For further details with respect to the annually. The average cost per hour is September 9, 2000 and for economic proposed action, see the licensee’s approximately $85. Therefore, the total injury the deadline is April 11, 2001. request for the amendment dated June 7, cost of compliance for broker-dealers is (Catalog of Federal Domestic Assistance 2000, which is available at the $8,925,000. Program Nos. 59002 and 59008.) Written comments are invited on: (a) Commission’s Public Document Room, Whether the proposed collection of Dated: August 15, 2000. The Gelman Building, 2120 L Street, information is necessary for the proper Herbert L. Mitchell, NW., Washington DC, and accessible performance of the functions of the Acting Associate Administrator for Disaster electronically through the ADAMS agency, including whether the Assistance. Public Electronic Reading Room link at information shall have practical utility; [FR Doc. 00–21620 Filed 8–23–00; 8:45 am] the NRC Web site (http://www.nrc.gov). (b) the accuracy of the agency’s BILLING CODE 8025±01±P Dated at Rockville, Maryland, this 17th day estimates of the burden of the proposed of August, 2000. collection of information; (c) ways to For the Nuclear Regulatory Commission. enhance the quality, utility, and clarity SMALL BUSINESS ADMINISTRATION Peter S. Tam, of the information to be collected; and [Declaration of Economic Injury Disaster Senior Project Manager, Section 1, Project (d) ways to minimize the burden of the #9I06, Amdt. #1] Directorate I, Division of Licensing Project collection of information on Management, Office of Nuclear Reactor respondents, including through the use State of Alaska Regulation. of automated collection techniques or [FR Doc. 00–21667 Filed 8–23–00; 8:45 am] other forms of information technology. The above-numbered Declaration is hereby amended to include the Regional BILLING CODE 7590±01±P Consideration will be given to comments and suggestions submitted in Educational Attendance Area #45, writing within 60 days of this Southwest Region (previously referred to as REAA #6), as a contiguous area as SECURITIES AND EXCHANGE publication. a result of a fishery resource disaster, as COMMISSION Please direct your written comments to Michael E. Bartell, Associate determined by the Secretary of Proposed Collection; Comment Executive Director, Office of Commerce, due to extremely low Request Information Technology, Securities and salmon returns beginning in 1997 and Exchange Commission, 450 5th Street, continuing. Upon Written Request, Copies Available NW., Washington, DC 20549. All other information remains the From: Securities and Exchange same, i.e., applications for economic Commission, Office of Filings and Dated: August 17, 2000. injury may be filed until May 9, 2001. Information Services, Washington, DC Margaret H. McFarland, (Catalog of Federal Domestic Assistance 20549. Deputy Secretary. Extension: Rule 11Ac1–3, SEC File No. 270– Program No. 59002.) [FR Doc. 00–21633 Filed 8–23–00; 8:45 am] 382, OMB Control No. 3235–0435. Dated: August 16, 2000. BILLING CODE 8010±01±M Notice is hereby given that pursuant Kris Swedin, to the Paperwork Reduction Act of 1995 Acting Administrator. (44 U.S.C. 3501 et seq.), the Securities SMALL BUSINESS ADMINISTRATION [FR Doc. 00–21621 Filed 8–23–00; 8:45 am] and Exchange Commission BILLING CODE 8025±01±P (‘‘Commission’’) is soliciting comments [Declaration of Disaster #3272, Amdt. #4] on the collection of information summarized below. The Commission State of Wisconsin SMALL BUSINESS ADMINISTRATION plans to submit this existing collection In accordance with a notice from the [Declaration of Disaster #3280] of information to the Office of Federal Emergency Management Management and Budget for extension Agency, dated August 9, 2000, the Commonwealth of Pennsylvania and approval. above-numbered Declaration is hereby Rule 11Ac1–3, 17 CFR 240.11Ac1–3, amended to include Juneau County, Allegheny and Westmoreland under the Securities Exchange Act of Wisconsin as a disaster area due to Counties and the contiguous Counties of 1934 requires disclosure on each new damages caused by severe storms, Armstrong, Beaver, Butler, Cambria, account and on a yearly basis thereafter, tornadoes, and flooding beginning on Fayette, Indiana, Somerset, and on the annual statement, the firm’s May 26, 2000 and continuing through Washington in the Commonwealth of policies regarding receipt of payment for July 19, 2000. Pennsylvania constitute a disaster area order flow from any market makers, In addition, applications for economic as a result of damages caused by flash exchanges or exchange members to injury loans from small businesses flooding that occurred August 6 through which it routes customers’ order in located in the contiguous counties of 8, 2000. Applications for loans for national market system securities for physical damage from this disaster may execution; and information regarding 1 This estimate is based on FYE 1999 Focus be filed until the close of business on the aggregate amount of monetary Reports received by the Commission. October 16, 2000 and for economic
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Procedural Centers of Excellence, AAR–400, is seeking to ensure an equitable All meetings are open to the public. Atlantic City International Airport, New geographical distribution of funds and Please note that the meetings may close Jersey, 08405, phone number (609) 485/ to encourage the inclusion of minority early if all business is finished. At the 5043, facsimile number (609) 485–4101, institutions. and e-mail [email protected]. Chairs’ discretion, members of the Matching Funds Requirement Prior to final submission written public may make oral presentations A Center of Excellence receives during the meetings. If you would like questions may be submitted to the Program Manager, Center of Excellence. funding annually in the form of single to make an oral presentation at a or multiple continuing research grants meeting, please notify the Executive Answers will be distributed to all participants who request a solicitation over a three-year period. The federal Director no later than August 31, 2000. government provides 50 percent of the Written material for distribution at a package. Verbal questions are not acceptable. costs of research. The institution must meeting should reach the Coast Guard show a continuing source of non- SUPPLEMENTARY INFORMATION: no later than September 5, 2000. If you The FAA Federal matching funds available for the would like a copy of your material intends to award a 50–50 cost share remaining research. Once the COE is distributed to each member of the cooperative agreement to establish a established, a fiscal report declaring the committee or subcommittee in advance Center of Excellence in General sources and amount of funding and of a meeting, please submit 25 copies to Aviation to a qualified college or expenditures must be submitted for the Executive Director no later than university, or to a team of such review every 6 months to the COE September 5, 2000. institutions. The cooperative agreement program manager. A full review and will be awarded in 3-year increments up Information on Services for Individuals grant closeout takes place at the to a maximum of 10 years. It is the with Disabilities conclusion of each three-year phase. FAA’s intent to fund a minimum of The Center of Excellence and the FAA For information on facilities or $300,000/year for the first three years. It shall agree upon the maximum expected services for individuals with disabilities is also the intent of the FAA to award costs in each fiscal year. Any cost or to request special assistance at the a single-source indefinite delivery incurred in excess of the maximum meetings, contact the Executive Director indefinite quantity (IDIQ) contract to the costs agreed upon with the agency shall as soon as possible. winner of the competition, under which be the sole obligation of the Center of Dated: August 16, 2000. orders may be placed for development Excellence. Joseph J. Angelo, products. The Center of Excellence is expected Director of Standards, Marine Safety and The FAA has identified a need for a to account for all funds granted and Environmental Protection. Center of Excellence in General matched, utilized to establish, operate, [FR Doc. 00–21566 Filed 8–23–00; 8:45 am] Aviation. The Center will conduct and conduct the specified research research, which includes the entire BILLING CODE 4910±15±P activities of the Center of Excellence. spectrum (i.e. basic research through engineering development, prototyping Center Operations DEPARTMENT OF TRANSPORTATION and testing) within the scope of General The Center of Excellence shall Aviation. This scope includes, but is not maintain a close working relationship Federal Aviation Administration limited to, the following five functional with the corresponding agency research areas: program office. This relationship shall Availability of Solicitation for Center of 1. Airport Technology; extend to participation in conference, Excellence (COE) in General Aviation 2. Propulsion and Structures; meetings, joint research efforts, and 3. Aging Aircraft; AGENCY: submission of significant activity Federal Aviation 4. Flight Safety; Administration (FAA), DOT. reports to the FAA on a routine basis. 5. Fire Safety; The COE shall prepare quarterly and ACTION: Notice of availability. 6. Training. semi-annual reports, and a fully The FAA intends to provide long-term SUMMARY: The FAA is soliciting inclusive annual report on research funding to establish and operate a competitive proposals from academic projects and fiscal expenditures, and prestigious partnership with academia, institutions to form a General Aviation shall host an on-site review of all industry and government. To this end, Center of Excellence (COE). A COE is research activities. the FAA encourages offerors to team that entity at a college or university The FAA may require the COE to hold with organizations that compliment designated as the principal focus for an annual joint symposium with the their expertise from academia, industry, long-term research in selected areas of agency on topics relating to the status state/local government, and other aviation technology. Centers of and results of the designated technology governmental agencies. The successful Excellence are designated through an area. Researchers at the COE may serve offeror is required to match FAA grant evaluation and award procedure as consultants by providing technical funds with non-federal funding over the established pursuant to 49 U.S.C. 44513. advice to the sponsoring agency term of the cooperative agreement. Cost The FAA will provide long-term program office. They may also be asked sharing (negotiated individually) shall funding to establish and operate the to participate on major planning and also be required for any orders placed COE in support of general aviation. The investigative committees related to under the IDIQ contract. grant recipient is required to match FAA general aviation. funds with non-Federal funding over Eligibility Selection Criteria the term of the grant. Colleges and universities are eligible The COE will be selected on the DATES: The closing date for submitting for cooperative agreements to establish ability of the applicant to meet the final proposals is November 1, 2000. a Center of Excellence in General following criteria mandated by 49 USC FOR FURTHER INFORMATION OR Aviation. Individuals are not eligible for 44513: SOLICITATION PACKAGES CONTACT: Ms. a COE designation and do not qualify • The extent to which the needs of Patricia Watts, Program Manager, FAA for grants under this program. The FAA the State in which the applicant is
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267–5075, or e-mail at DEPARTMENT OF TRANSPORTATION On August 7, 2000, the FAA [email protected]. determined that the application to use Federal Aviation Administration the revenue from a PFC submitted by SUPPLEMENTARY INFORMATION: Pursuant the Bloomington-Normal Airport to section 10(a)(2) of the Federal Notice of Intent To Rule on Authority was substantially complete Advisory Committee Act (Pub. L. 92– Applicatioan to Use the Revenue From within the requirements of section 463; 5 U.S.C. app. III), notice is given of a Passenger Facility Charge (PFC) at 158.25 of Part 158. The FAA will an ARAC meeting to be held September Central Illinois Regional Airport, approve or disapprove the application, 14, in Renton, WA. Bloomington, IL in whole or in part, no later than September 25, 2000. The agenda will include: AGENCY: Federal Aviation The following is a brief overview of • Administration (FAA), DOT. Opening Remarks. the application. • FAA Report. ACTION: Notice of Intent to Rule on PFC application number: 00–03–00– Application. • Joint Aviation Authorities Report. BMI. Level of the PFC: $3.00. • Cabin Safety Harmonization SUMMARY: The FAA proposes to rule and Actual charge effective date: Working Group Report. invites public comment on the December 1, 2010. • Performance Standards Working application to use the revenue from a Estimated charge expiration date: Group Report. PFC at Central Illinois Regional Airport November 1, 2021. under the provisions of the Aviation • Total approved net PFC revenue: Emergency Evacuation Charter Safety and Capacity Expansion Act of $12,028,636.00. Update Proposal. 1990 (Title IX of the Omnibus Budget Brief description of proposed project: Attendance is open to the public, but Reconciliation Act of 1990) (Public Law Construct new terminal development will be limited to the availability of 101–508) and Part 158 of the Federal area. meeting room space and telephone Aviation Regulation (14 CFR Part 158). Any person may inspect the lines. The public may participate by DATES: Comments must be received on application in person at the FAA office telephone by contacting Norm Turner, or before September 25, 2000. listed above under FOR FURTHER (425) 234–3312, or by e-mail, INFORMATION CONTACT. ADDRESSES: Comments on this In addition, any person may, upon [email protected]. Details application may be mailed or delivered for participating in the teleconference request, inspect the application, notice in triplicate to the FAA at the following and other documents germane to the will be available after September 6. address: Federal Aviation Visitor badges are required to gain application in person at the Central Administration, Great Lakes Region, Illinois Regional Airport. entrance to the building in which the Chicago Airports District Office, 2300 E. meeting is being held. Please confirm Devon Ave., Room 320, Des Plaines, Issued in Des Plaines, Illinois on August 15, 2000. your attendance with Norm Turner. Illinois 60018. Please provide the following In addition, one copy of any Benito De Leon, information: Full legal name, country of comments submitted to the FAA must Manager, Planning and Programming Branch, Airports Division, Great Lakes Region. citizenship, and name of your company, be mailed or delivered to the if applicable. Bloomington-Normal Airport Authority [FR Doc. 00–21642 Filed 8–23–00; 8:45 am] The public must make arrangements at the following address: Mr. Michael La BILLING CODE 4910±13±M by September 7 to present oral Pier, A.A.E., Executive Director, Central Illinois Regional Airport, 2901 East statements at the meeting. Written DEPARTMENT OF TRANSPORTATION statements may be presented to the Empire, Suite 200, Bloomington, Illinois committee at any time by providing 25 61704. Federal Aviation Administration copies to the Assistant Executive Air carriers and foreign air carriers Director for Emergency Evacuation may submit copies of written comments Notice of Intent To Rule on Application issues or by providing copies at the previously provided to the to Impose and Use a Passenger meeting. Copies of the documents to be Bloomington-Normal Airport Authority Facility Charge (PFC) at Jack voted upon may be made available by under section 158.23 of Part 158. McNamara Field, Crescent City, CA contacting the person listed under the FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation heading FOR FURTHER INFORMATION Denis Rewerts, Civil Engineer, Federal Administration (FAA), DOT. CONTACT. Aviation Administration, Great Lakes ACTION: Notice of intent to rule on If you are in need of assistance or Region, Chicago Airports District Office, application. require a reasonable accommodation for 2300 E. Devon Ave., Room 320, Des the meeting or meeting documents, Plaines, IL 60018, (847) 294–7195. The SUMMARY: The FAA proposes to rule and please contact the person listed under application may be reviewed in person invites public comment on the the heading FOR FURTHER INFORMATION at this same location. application to impose and use a PFC at CONTACT. Sign or oral interpretation, as SUPPLEMENTARY INFORMATION: The FAA Jack McNamara Field under the well as a listening device, can be made proposes to rule and invites public provisions of the Aviation Safety and available if requested 10 calendar days comment on the application to use the Capacity Expansion Act of 1990 (Title before the meeting. revenue from a PFC at Central Illinois IX of the Omnibus Budget Regional Airport under the provisions of Reconciliation Act of 1990) (Public Law Issued in Washington, DC on August 18, 101–508) and Part 158 of the Federal 2000. the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Aviation Regulations (14 CFR Part 158). Tony F. Fazio, Omnibus Budget Reconciliation Act of DATES: Comments must be received on Director, Office of Rulemaking. 1990) (Public Law 101–508) and Part or before September 25, 2000. [FR Doc. 00–21644 Filed 8–23–00; 8:45 am] 158 of the Federal Aviation Regulations ADDRESSES: Comments on this BILLING CODE 4910±13±M (14 CFR Part 158). application may be mailed or delivered
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Expansion of Apron and Construct Energy, Federal Aviation basis and is accessible to individuals Taxiway to Runway 10 Administration, 800 Independence with disabilities. Sign and oral North Central State Airport Avenue, SW., Washington, DC 20591; interpretation can be made available if Rehabilitation of Apron telephone (202) 267–8933; facsimile, requested 10 calendar days before the Quonset State Airport (202) 267–5594. meeting. Rehabilitation of Apron SUPPLEMENTARY INFORMATION: Westerly State Airport FOR FURTHER INFORMATION CONTACT: Rehabilitation of Apron and Taxiways Comments Invited Trish Paolella, RSAC Coordinator, FRA, 1120 Vermont Avenue, NW, Stop 25, B and C On July 14, the FAA published a Washington, DC 20590, (202) 493–6212 Class or classes of air carriers which notice in the Federal Register (65 FR or Grady Cothen, Deputy Associate the public agency has requested to be 43802) requesting comments on the Administrator for Safety Standards and required to collect PFCs: On demand proposed policy document, Aviation Program Development, FRA, 1120 Air Taxi/Commercial Operators (ATCO). Noise Abatement Policy 2000. This Vermont Avenue, NW, Stop 25, Any person may inspect the proposed FAA policy document Washington, DC 20590, (202) 493–6302. application in person at the FAA office reaffirms and incorporates the major listed above under FOR FURTHER tenets of the 1976 Aviation Noise SUPPLEMENTARY INFORMATION: Pursuant INFORMATION CONTACT. Abatement Policy and includes to section 10(a)(2) of the Federal In addition, any person may, upon subsequent developments. Several Advisory Committee Act (Pub. L. 92– request, inspect the application, notice commenters requested additional time 463), FRA is giving notice of a meeting and other documents germane to the to respond to this policy, so the FAA is of the Railroad Safety Advisory application in person at the Rhode extending the opportunity for pubic Committee (‘‘RSAC’’). The meeting is Island Airport Corporation. comment from August 28 to October 23. scheduled to begin at 9:30 a.m. and Issued in Burlington, Massachusetts on This extension allows for a total conclude at 3:30 p.m. on Thursday, August 14, 2000. comment period of 101 days so that September 14, 2000. The meeting of the Vincent A. Scarano, interested persons can have sufficient RSAC will be held at the Association of Manager, Airports Division, New England time to express their concerns and American Railroads’ Conference Center, Region. contribute their suggestions to the 50 F Street, NW Washington, DC, (202) [FR Doc. 00–21640 Filed 8–23–00; 8:45 am] policy. 639–2565. All times noted are Eastern Standard Time. BILLING CODE 4910±13±M Issued in Washington, DC, on August 18, 2000. RSAC was established to provide Paul R. Dykeman, advice and recommendations to the DEPARTMENT OF TRANSPORTATION FRA on railroad safety matters. The Deputy Director of Environment and Energy. Committee consists of 48 individual Federal Aviation Administration [FR Doc. 00–21638 Filed 8–23–00; 8:45 am] representatives, drawn from among 29 BILLING CODE 4910±13±M [Docket No. 30109] organizations representing various rail industry perspectives, and 2 associate Aviation Noise Abatement Policy 2000 DEPARTMENT OF TRANSPORTATION non-voting representatives from the agencies with railroad safety regulatory AGENCY: Federal Aviation Federal Railroad Administration responsibility in Canada and Mexico. Administration, DOT. Staff of the National Transportation ACTION: Notice, extend comment period. [Docket No. RSAC±96±1, Notice No. 22] Safety Board and Federal Transit Administration also participate in an SUMMARY: This notice is announcing an Railroad Safety Advisory Committee; advisory capacity. extension to the comment period on a Notice of Meeting recent notice regarding the proposed The RSAC will be briefed on the AGENCY: Federal Railroad policy document, Aviation Noise current status of activities of RSAC Administration (FRA), Department of Abatement Policy 2000. The recent working groups and task forces Transportation (DOT). notice was published in the Federal responsible for carrying out tasks the Register on July 14, 2000 with a ACTION: Notice of Railroad Safety RSAC has accepted involving blue comment period ending August 28, Advisory Committee (‘‘RSAC’’) meeting. signal protection, event recorders, the definition of reportable ‘‘train accident’’, 2000. This notice extends that comment SUMMARY: FRA announces the next period. roadway maintenance equipment safety meeting of the RSAC, a Federal standards, and incorporation of a DATES: Comments must be received on Advisory Committee that develops provision for gage restraint or before October 23, 2000. railroad safety regulations through a measurement within the Track Safety ADDRESSES: Comments should be consensus process. The meeting will Standards. mailed in triplicate to: Federal Aviation address a wide range of topics, There will be discussion about the Administration (FAA), Office of the including possible adoption of specific possible tasking of the Training and Chief Counsel, Attention: Rules Docket recommendations for regulatory action. Qualification of Safety Critical (AGC–200), Docket No. 30109, 800 DATES: The meeting of the RSAC is personnel and a vote to approve the Independence Avenue, SW., scheduled to commence at 9:30 a.m. and Draft Notice of Proposed Rulemaking Washington, DC 20591. Comments may conclude at 3:30 p.m. on Thursday, (NPRM) on Standards for Processor be examined in the Rules Docket in September 14, 2000. Based Signal and Train Control Room 915G on weekdays between 8:30 ADDRESSES: The meeting of the RSAC Systems. Also, if the draft Notice of a.m. and 5:00 p.m., except on Federal will be held at the Association of Proposed Rulemaking for Cab Working holidays. American Railroads’ Conference Center, Conditions is approved by the Working FOR FURTHER INFORMATION CONTACT: 50 F Street, NW, Washington, DC 20001, Group, the full committee may be Thomas L. Connor, Noise Division, (202) 639–2565. The meeting is open to requested to consider recommendations AEE–100, Office of Environment and the public on a first-come, first-served for FRA action on that issue.
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Informational status briefings at the above address between 10 am and the area. Existing operators are concerning the Switching Operations 5 pm, ET, Monday through Friday, primarily offering whale watch charters Fatality Analysis task force efforts and except federal holidays. An electronic while we will be doing sailing the Grade Crossing Technical Working version of this document and all excursions of varying lengths, from a Group will be presented. documents entered into this docket is few hours to several days. There are a Please refer to the notice published in available on the World Wide Web at few sailboats offering skippered the Federal Register on March 11, 1996 http://dms.dot.gov. charters, however they are mostly for (61 FR 9740) for more information about FOR FURTHER INFORMATION CONTACT: week-long charters in the San Juan and the RSAC. Gordon Angell, Department of Gulf Islands while we will primarily Issued in Washington, DC on August 18, Transportation, Maritime focus on afternoon luncheon charters 2000. Administration, MAR–832 Room 7201, with an occasional longer term charter. George Gavalla, 400 Seventh Street, SW., Washington, (6) A statement on the impact this waiver will have on U.S. shipyards: Associate Administrator for Safety. DC 20590. Telephone 202–366–5129. According to the applicant: There [FR Doc. 00–21677 Filed 8–23–00; 8:45 am] SUPPLEMENTARY INFORMATION: Title V of should be no effect on U.S. shipyards by BILLING CODE 4910±06±P Public Law 105–383 provides authority the granting of this waiver. to the Secretary of Transportation to administratively waive the U.S.-build Dated: August 21, 2000. DEPARTMENT OF TRANSPORTATION requirements of the Jones Act, and other By Order of the Maritime Administrator. statutes, for small commercial passenger Joel C. Richard, Maritime Administration vessels (no more than 12 passengers). Secretary, Maritime Administration. Docket Number: [MARAD±2000±7832] This authority has been delegated to the [FR Doc. 00–21684 Filed 8–24–00; 8:45 am] Maritime Administration per 49 CFR BILLING CODE 4910±81±P Requested Administrative Waiver of 1.66, Delegations to the Maritime the Coastwise Trade Laws Administrator, as amended. By this notice, MARAD is publishing DEPARTMENT OF TRANSPORTATION AGENCY: Maritime Administration, information on a vessel for which a Department of Transportation. request for a U.S.-build waiver has been Maritime Administration ACTION: Invitation for public comments received, and for which MARAD Docket Number: [MARAD±2000±7831] on a requested administrative waiver of requests comments from interested the Coastwise Trade Laws for the vessel parties. Comments should refer to the Requested Administrative Waiver of INTEGRITY. docket number of this notice and the the Coastwise Trade Laws SUMMARY: As authorized by Public Law vessel name in order for MARAD to properly consider the comments. AGENCY: Maritime Administration, 105–383, the Secretary of Department of Transportation. Transportation, as represented by the Comments should also state the commenter’s interest in the waiver ACTION: Invitation for public comments Maritime Administration (MARAD), is on a requested administrative waiver of authorized to grant waivers of the U.S.- application, and address the waiver criteria given in § 388.4 of MARAD’S the Coastwise Trade Laws for the vessel build requirement of the coastwise laws MENEHUNE. under certain circumstances. A request regulations at 46 CFR part 388. for such a waiver has been received by Vessel Proposed for Waiver of the U.S.- SUMMARY: As authorized by Public Law MARAD. The vessel, and a description Build Requirement 105–383, the Secretary of of the proposed service, is listed below. (1) Name of vessel and owner for Transportation, as represented by the Interested parties may comment on the which waiver is requested: Name of Maritime Administration (MARAD), is effect this action may have on U.S. vessel: Integrity. Owner: Peter S. authorized to grant waivers of the U.S.- vessel builders or businesses in the U.S. Whiting. build requirement of the coastwise laws that use U.S.-flag vessels. If MARAD (2) Size, capacity and tonnage of under certain circumstances. A request determines that in accordance with vessel: According to the Applicant: The for such a waiver has been received by Public Law 105–383 and MARAD’s vessel is 46 feet long. The gross tonnage MARAD. The vessel, and a description regulations at 46 CFR part 388 (65 FR is 27 tons; the net tonnage is 25 tons. of the proposed service, is listed below. 6905; February 11, 2000) that the (3) Intended use for vessel, including Interested parties may comment on the issuance of the waiver will have an geographic region of intended operation effect this action may have on U.S. unduly adverse effect on a U.S.-vessel and trade: According to the applicant: vessel builders or businesses in the U.S. builder or a business that uses U.S.-flag Vessel will primarily offer daily that use U.S.-flag vessels. If MARAD vessels, a waiver will not be granted. luncheon sails. Some weekend or determines that in accordance with DATES: Submit comments on or before weekly crewed charters may be offered. Public Law 105–383 and MARAD’s September 25, 2000. The vessel will be used for skippered regulations at 46 CFR Part 388 (65 FR ADDRESSES: Comments should refer to charters in the Pacific Northwest 6905; February 11, 2000) that the docket number MARAD–2000–7832. including the waters of Puget Sound issuance of the waiver will have an Written comments may be submitted by and San Juan Islands in the state of unduly adverse effect on a U.S.-vessel hand or by mail to the Docket Clerk, Washington. builder or a business that uses U.S.-flag U.S. DOT Dockets, Room PL–401, (4) Date and place of construction and vessels, a waiver will not be granted. Department of Transportation, 400 7th (if applicable) rebuilding: Vessel was DATES: Submit comments on or before St., SW., Washington, DC 20590–0001. built in 1984 in Taiwan. September 25, 2000. You may also send comments (5) A statement on the impact this ADDRESSES: Comments should refer to electronically via the Internet at http:// waiver will have on other commercial docket number MARAD–2000-7831. dmses.dot.gov/submit/. All comments passenger vessel operators: According to Written comments may be submitted by will become part of this docket and will the applicant: Vessel should have no hand or by mail to the Docket Clerk, be available for inspection and copying impact on other commercial vessels in U.S. DOT Dockets, Room PL–401,
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Department of Transportation, 400 7th This will enable the vessel to operate speaking time for each individual will St., SW, Washington, DC 20590–0001. as an uninspected vessel with a be limited to three minutes. Members of You may also send comments coastwise endorsement. The charter/ the public who would like to speak are electronically via the Internet at http:// lessons will be conducted by Menehune asked to contact Kathleen Dunn by dmses.dot.gov/submit/. All comments Charters in conjunction with Menehune September 5, 2000. Commenters will be will become part of this docket and will Marine Services and John and Mary placed on the agenda in the order in be available for inspection and copying Cece. Menehune Marine Services is a which notifications are received. If time at the above address between 10 a.m. Maryland Corporation and citizen of the allows, additional comments will be and 5 p.m., E.T., Monday through United States. permitted. Oral comments must be Friday, except federal holidays. An (4) Date and place of construction and submitted in writing at the meeting. electronic version of this document and (if applicable) rebuilding: Date of Additional written comments are all documents entered into this docket construction: 1982. Place of welcome and must be filed by is available on the World Wide Web at construction: Whitby, Canada. September 15, 2000. http://dms.dot.gov. (5) A statement on the impact this DATES: The meeting will be held on FOR FURTHER INFORMATION CONTACT: U.S. waiver will have on other commercial Thursday September 7, 2000, from 9:00 Department of Transportation, Maritime passenger vessel operators: According to AM to 3:00 PM. Administration, MAR–832 Room 7201, the applicant: It is anticipated that there ADDRESSES: The meeting will be held in 400 Seventh Street, SW, Washington, will be NO impact on other commercial the Delaware Ballroom of the Marriott DC 20590. Telephone 202–366–4357. passenger operators (we anticipate that Wardman Park Hotel, 2660 Woodley our passengers/students will come from SUPPLEMENTARY INFORMATION: Title V of Road, NW, Washington, DC 20008. The an existing database of persons who Public Law 105–383 provides authority hotel’s phone number is (202) 328– have sailed with us in the past). Our to the Secretary of Transportation to 2000. charter/teaching operation was administratively waive the U.S.-build established in 1980. FOR FURTHER INFORMATION CONTACT: requirements of the Jones Act, and other (6) A statement on the impact this Kathleen R. Dunn, (202) 366–2307; statutes, for small commercial passenger waiver will have on U.S. shipyards: Maritime Administration, MAR 810, vessels (no more than 12 passengers). According to the applicant: Granting of Room 7209, 400 Seventh St., SW, This authority has been delegated to the this waiver will have a positive impact Washington, DC 20590; Maritime Administration per 49 CFR on US shipyards. In addition to the [email protected]. § 1.66, Delegations to the Maritime estimated $20,000 already deposited Authority: 5 U.S.C. App 2, Sec. 9(a)(2); 41 Administrator, as amended. By this with US shipyards/suppliers for repair CFR 101–6.1005; DOT Order 1120.3B. notice, MARAD is publishing and upgrade of this vessel, we will information on a vessel for which a Dated: August 21, 2000. continue to purchase stores, fuel, Joel C. Richard, request for a U.S.-build waiver has been repairs, and wharfage from US Secretary, Maritime Administration. received, and for which MARAD businesses. requests comments from interested If the waiver is NOT granted, the [FR Doc. 00–21685 Filed 8–23–00; 8:45 am] parties. Comments should refer to the vessel will NOT be used in commercial BILLING CODE 4910±81±P docket number of this notice and the voyages, and expenditures will be vessel name in order for MARAD to minimal. In addition, if the business DEPARTMENT OF TRANSPORTATION properly consider the comments. expands, we may purchase a larger Comments should also state the vessel which will be U.S. built and Research and Special Programs commenter’s interest in the waiver certified as an Inspected Vessel. application, and address the waiver Administration Dated: August 21, 2000. criteria given in § 388.4 of MARAD’S Office of Hazardous Materials Safety; regulations at 46 CFR Part 388. By Order of the Maritime Administrator. Joel C. Richard, Notice of Delays in Processing of Exemption Applications Vessel Proposed for Waiver of the U.S.- Secretary, Maritime Administration. Build Requirement [FR Doc. 00–21686 Filed 8–23–00; 8:45 am] AGENCY: Research and Special Programs (1) Name of vessel and owner for BILLING CODE 4910±81±P Administration, DOT. which waiver is requested: Name of ACTION: List of Applications Delayed vessel: MENEHUNE. Owner: John M. more than 180 days. Cece and Mary F. Cece. DEPARTMENT OF TRANSPORTATION (2) Size, capacity and tonnage of SUMMARY: In accordance with the vessel: According to the Applicant: Maritime Administration requirements of 49 U.S.C. 5117(c), RSPA MENEHUNE is 42 feet long, with a is publishing the following list of beam of 13 feet and a gross tonnage of Marine Transportation System National exemption applications that have been 24 tons (Net Tons: 22). Advisory Council in process for 180 days or more. The reason(s) for delay and the expected (3) Intended use for vessel, including ACTION: National Advisory Council completion date for action on each geographic region of intended operation public meeting. and trade: According to the applicant: application is provided in association The intended use of the vessel, after the SUMMARY: The Maritime Administration with each identified application. granting of the waiver, is to conduct announces that the Marine FOR FURTHER INFORMATION CONTACT: J. recreational, and learning cruises Transportation System National Suzanne Hedgepeth, Director, Office of (usually day sails) on the Chesapeake Advisory Council (MTSNAC) will hold Hazardous Materials, Exemption and Bay. The maximum number of a meeting to discuss the Council’s Approvals, Research and Special passengers/students will be six (6) (NOT awareness initiative and strategic focus. Programs Administration, U.S. for the purpose of transportation A public comment period is scheduled Department of Transportation, 400 between US ports, but for the purpose for 1:15 to 1:45. To provide time for as Seventh Street, SW, Washington, DC of recreation, and teaching sailing). many people to speak as possible, 20590–0001, (202) 366–4535.
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Key to ‘‘Reasons for Delay’’ precedent-setting and requires M—Modification request extensive analysis 1. Awaiting additional information from PM—Party to application with 4. Staff review delayed by other priority modification request applicant issues or volume of exemption 2. Extensive public comment under applications Issued in Washington, DC, on August 10, 2000. review Meaning of Application Number J. Suzanne Hedgepeth, Suffixes 3. Application is technically complex Director, Office of Hazardous Materials and is of significant impact or N—New application Exemptions and Approvals.
NEW EXEMPTION APPLICATIONS
Application Reason for Estimated date No. Applicant delay of completion
11862±N The BOC Group, Murray Hill, NJ ...... 4 09/29/2000 11927±N Alaska Marine Lines, Inc., Seattle, WA ...... 4 09/29/2000 12125±N Mayo Foundation, Rochester, MN ...... 4 09/29/2000 12142±N Aristech Chemical Corp., Pittsburgh, PA ...... 4 09/29/2000 12148±N Eastman Kodak Company, Rochester, NY ...... 4 09/29/2000 12158±N Hickson Corporation, Conley, GA ...... 4 09/29/2000 12181±N Aristech, Pittsburgh, PA ...... 4 09/29/2000 12205±N Independent Chemical Corp., Glendale, NY ...... 4 09/29/2000 12248±N Ciba Specialty Chemicals Corp., High Point, NC ...... 4 09/29/2000 12277±N The Indian Sugar & General Engineering Corp. ISGE, Haryana, IX ...... 1 09/29/2000 12281±N ABS Group, Inc., Houston, TX ...... 4 09/29/2000 12290±N Savage Industries, Inc., Pottstown, PA ...... 4 09/29/2000 12307±N Kern County Dept. of Weights & Measures, Bakersfield, CA ...... 4 09/29/2000 12325±N Lifeline Technologies, Inc., Sharon Hill, PA ...... 4 09/29/2000 12332±N Automotive Occupant Restraints Council, Lexington, KY ...... 4 09/29/2000 12339±N BOC Gases, Murray Hill, NJ ...... 4 09/29/2000 12343±N City Machine & Welding, Inc. of Amarillo, Amarillo, TX ...... 1 09/29/2000 12350±N BAC Technologies, Ltd., West Liberty, OH ...... 4 09/29/2000 12351±N Nalco/Exxon Energy Chemicals, L.P., Freeport, TX ...... 4 09/29/2000 12353±N Monson Companies, South Portland, ME ...... 4 09/29/2000 12355±N Union Tank Car Company, East Chicago, IN ...... 4 09/29/2000 12368±N Occidental Chemical Corp., Dallas, TX ...... 4 09/29/2000 12381±N Ideal Chemical & Supply Co., Memphis, TN ...... 4 10/31/2000 12388±N Mountain Safety Research, Seattle, WA ...... 4 10/31/2000 12391±N Airgas Mgmt., Inc., Cheyenne, WY ...... 4 10/31/2000 12392±N Consani Engineering, Elsies River, SA ...... 1 10/31/2000 12397±N FMC Corporation, Philadelphia, PA ...... 4 10/31/2000 12398±N Praxair, Danbury, CT ...... 4 10/31/2000 12401±N DG Supplies, Inc., Hamilton, NJ ...... 4 10/31/2000 12405±N Air Products and Chemicals, Inc., Allentown, PA ...... 4 10/31/2000 12406±N Occidental Chemical Corporation Dallas, TX ...... 4 09/29/2000 12412±N Great Western Chemical Company, Portland, OR ...... 4 10/31/2000 12413±N CP Industries, Inc., McKeesport, PA ...... 4 10/31/2000 12422±N Connecticut Yankee Atomic Power Co., East Hampton, CT ...... 4 10/31/2000 8308±M Tradewind Enterprises, Inc., Hillsboro, OR ...... 4 09/29/2000 8556±M Gardner Cryogenics, Lehigh Valley, PA ...... 4 09/29/2000 9266±M ERMEWA, Inc., Houston, TX ...... 4 09/29/2000 9847±M FIBA Technologies, Inc., Westboro, MA ...... 4 09/29/2000 10656±M Conf. of Radiation Control Program Directors, Inc., Frankfort, KY ...... 4 09/29/2000 10672±M Burlington Packaging, Inc., Brooklyn, NY ...... 4 09/29/2000 10921±M The Procter & Gamble Company, Cincinnati, OH ...... 1 09/29/2000 10977±M Federal Industries Corporation, Plymouth, MN ...... 4 09/29/2000 11202±M Newport News Shipbuilding and Dry Dock Company, Newport News, VA ...... 4 09/29/2000 11296±M Heritage Transport, LLC, Indianapolis, IN ...... 4 09/29/2000 11406±M Conf. of Radiation Control Program Directors, Inc., Frankfort, KY ...... 4 09/29/2000 11537±M JCI Jones Chemicals, Inc., Milford, VA ...... 4 09/29/2000 11722±M CITERGAS, S.A., Civray, FR ...... 4 09/29/2000 11769±M Great Western Chemical Company, Portland, OR ...... 4 09/29/2000 11769±M Great Western Chemical Company, Portland, OR ...... 4 09/29/2000 11769±M Hydrite Chemical Company, Brookfield, WI ...... 4 09/29/2000 11798±M Air Products and Chemicals, Inc., Allentown, PA ...... 1, 4 09/29/2000 12056±M Defense of Defense (MTMC) Falls Church, VA ...... 4 09/29/2000 12074±M Van Hool NV B±2500 Lier Koningshooikt, BG ...... 1 09/29/2000 12178±M STC Technologies, Inc., Bethlehem, PA ...... 1 09/29/2000
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[FR Doc. 00–21565 Filed 8–23–00; 8:45 am] 2000. Regardless of whether comments ACTION: The Board is issuing a BILLING CODE 4910±60±M are filed, the effective date of this supplemental order directing the parties proceeding is postponed pending to the merger transaction to provide further order of the Board. additional information. DEPARTMENT OF TRANSPORTATION ADDRESSES: Send an original and 10 SUMMARY: The Surface Transportation copies of any comments referring to STB Surface Transportation Board Board (Board) approved the merger of Docket No. MC–F–20972 to: Surface Greyhound Lines, Inc. (Greyhound) into [STB Docket No. MC±F±20972] Transportation Board, Office of the Laidlaw Transit Acquisition Corp. Secretary, Case Control Unit, 1925 K (LTAC), a wholly owned subsidiary of Laidlaw Inc., et al.ÐControl and Street, N.W., Washington, DC 20423– Laidlaw Inc. (Laidlaw), a noncarrier,1 MergerÐ918897 Ontario Inc., B. R. 0001. In addition, send one copy of under 49 U.S.C. 14303. Laidlaw Inc. and Babcock Limited, Babcock Coach comments to applicants’ representative: Laidlaw Transit Acquisition Corp.— Lines Limited, Lee Line Corp., and Lee Fritz R. Kahn, 1920 N Street (8th Floor), Merger—Greyhound Lines, Inc., STB Charter Services, Inc. N.W., Washington, DC 20036–1601. Docket No. MC–F–20940 (STB served AGENCY: Surface Transportation Board FOR FURTHER INFORMATION CONTACT: Dec. 17, 1998), 63 FR 69710 (Dec. 17, Department of Transportation. Joseph H. Dettmar, (202) 565–1600. 1998).2 In a recent filing with the ACTION: Postponement of effective date [TDD for the hearing impaired: 1–800– Securities and Exchange Commission and establishment of new filing dates. 877–8339.] (SEC), Greyhound has indicated that it This decision will not significantly may not be able to continue operating SUMMARY: In a notice served and affect the quality of the human due to financial difficulties related, at published in the Federal Register on environment or the conservation of July 13, 2000 (65 FR 43395), the Surface least in part, to financial problems of energy resources. Laidlaw. We are directing the parties to Transportation Board (Board) tentatively It is ordered: the merger to provide information that approved, inter alia, an application filed 1. The effective date of the Board’s would permit the Board to determine under 49 U.S.C. 14303 by Laidlaw Inc. prior decision in this proceeding is whether further action by the Board is (Laidlaw), a noncarrier, to acquire postponed pending further order of the necessary. Interested persons will also indirect control, through two Board. be given an opportunity to comment. subsidiaries, Laidlaw Transit Ltd., and 2. Comments and replies are now due Laidlaw Transit, Inc., of a noncarrier by September 11, 2000, and September DATES: Comments must be filed by and several motor passenger carriers. 25, 2000, respectively. Regardless of September 1, 2000. Replies must be Comments concerning the application whether comments are filed, the prior filed September 15, 2000. were due to be filed by August 28, 2000, decision will not become effective ADDRESSES: Send an original and 10 and if no opposing comments were pending further order of the Board. copies of any comments and replies received, the notice would become the 3. This decision will be effective on referring to STB Docket No. MC–F– final Board action and approval of the August 18, 2000. 20940 to: Surface Transportation Board, application would be effective on that 4. A copy of this notice will be served Office of the Secretary, Case Control date. Based on information in the on: (1) The U.S. Department of Unit, 1925 K Street, N.W., Washington, application, the Board tentatively found Transportation, Federal Motor Carrier DC 20423–0001. the proposed transaction to be in the Safety Administration—HMCE–20, 400 FOR FURTHER INFORMATION CONTACT: public interest. In Laidlaw Inc., and Virginia Avenue, S.W., Suite 600, Beryl Gordon, (202) 565–1600. [TDD for Laidlaw Transit Acquisition Corp.— Washington, DC 20024; (2) the U.S. the hearing impaired: 1–800–877–8339.] Merger—Greyhound Lines, Inc., STB Department of Justice, Antitrust SUPPLEMENTARY INFORMATION: Under 49 Docket No. MC–F–20940 (STB served Division, 10th Street & Pennsylvania U.S.C. 14303, the Board must approve Aug. 18, 2000), however, the Board has Avenue, N.W., Washington, DC 20530; and authorize a proposed merger of requested additional information from and (3) the U.S. Department of intercity bus companies if we find the Laidlaw and Greyhound Lines, Inc. Transportation, Office of the General merger to be consistent with the public (Greyhound), because Greyhound, in a Counsel, 400 7th Street, S.W., interest. In assessing the public interest, recent filing with the Securities and Washington, DC 20590. we must consider at a minimum: (1) the Exchange Commission, indicated that Decided: August 18, 2000. effect of the proposed merger on the Laidlaw is having financial problems By the Board, Vernon A. Williams, adequacy of transportation to the public; and is curtailing funding to Greyhound. Secretary. (2) the total fixed charges that would Greyhound indicated that if it does not Vernon A. Williams, result from the merger; and (3) the find additional funding from other Secretary. interest of affected carrier employees. 49 sources, it ‘‘may not be able to continue U.S.C. 14303(b). We may impose to operate as a going concern.’’ In view [FR Doc. 00–21676 Filed 8–23–00; 8:45 am] conditions governing the merger, id., of this significant new development, the BILLING CODE 4915±00±P and issue supplemental orders in a Board’s tentative finding that the proposed transaction is in the public DEPARTMENT OF TRANSPORTATION 1 By letter filed with the Board on June 13, 2000, interest may no longer be appropriate. Laidlaw advised the Board that Greyhound is now Accordingly, the effective date in this Surface Transportation Board an indirect subsidiary of Laidlaw, as Greyhound is proceeding is being postponed pending a subsidiary of Laidlaw Transportation, Inc., a further action by the Board. Interested [STB Docket No. MC±F±20940] noncarrier controlled by Laidlaw, and not a direct subsidiary of Laidlaw as was described and persons and applicants may file Laidlaw Inc. and Laidlaw Transit anticipated in the application filed in this comments under the schedule set out in proceeding in November 1998. Acquisition Corp.ÐMergerÐ this decision. 2 The December 17, 1998 order tentatively Greyhound Lines, Inc. DATES: approved the merger. Because no opposing Comments may be filed by comments were filed, final Board approval became September 11, 2000. Applicants may file AGENCY: Surface Transportation Board, effective on February 1, 1999, without a further a reply to comments by September 25, Department of Transportation. Board order. See 49 CFR 1182.5.
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Attention: 1550–0104. You may hand sound operation of their asset public information collection deliver your comments to the Guard’s securitization activities. The Agencies requirement(s) to OMB for review and desk at 1700 G Street, NW.; or you may use the information to evaluate the clearance under the Paperwork send comments by facsimile quality of an institution’s risk Reduction Act of 1995, Public Law 104– transmission to (202) 906–7755; or they management practices. 13. Interested persons may obtain copies may be sent by e-mail: Further information: Information of the submission(s) by calling the OTS [email protected]. If you about this submission, including copies Clearance Officer listed. Send comments comment by e-mail, you should include of the proposed collection of regarding this information collection to your name and telephone number. You information, may be obtained by calling the OMB reviewer listed and to the OTS should send any comments over 25 or writing the agency contacts listed Clearance Officer, Office of Thrift pages in length to FAX Number (202) above. The Board of Governors of the Supervision, 1700 G Street, NW., 906–6956. You may inspect the Federal Reserve System has participated Washington, DC 20552. comments at 1700 G Street, NW., from in the development and review of this DATES: Submit written comments on or information collection and will process 10 a.m. until 4 p.m. on Tuesdays and before September 25, 2000. Thursdays. Comments are also available its extension under its Paperwork at OTS.treas.gov. Reduction Act delegated authority. OMB Number: 1550–0037. FDIC: Steven F. Hanft, Assistant Comments are invited on: Form Number: OTS Form 1240. Executive Secretary, Attention: 3064– (a) Whether the collections of Type of Review: Regular. information are necessary for the proper 0137, 550 17th Street, NW., Washington, Title: Fiduciary Powers of Federal performance of the functions of the DC 20429, (202) 898–3907, Attention: Savings Associations. 3064–0137. You may hand-deliver agencies, including whether the Description: 2 CFR part 550 required comments to the guard station at the information has practical utility; Federal savings associations that want rear of the 550 17th Street Building (b) The accuracy of the agencies’ to exercise fiduciary powers to file an (located on F Street), on business days estimates of the burden of the application containing information between 7 a.m. and 5 p.m. [FAX number information collections; sufficient for adequate OTS review. Part (202) 898–3838. Internet address: (c) Ways to enhance the quality, 550 also requires Federal savings [email protected]]. utility, and clarity of the information to be collected; associations to keep adequate fiduciary FOR FURTHER INFORMATION CONTACT: (d) Ways to minimize the burden of records, including, but not limited to, OCC: Jessie Dunaway or Camille the collection on the respondents, documentation of the establishment and Dixon, (202) 874–5090, Legislative and including through the use of automated termination of each fiduciary account; Regulatory Activities Division, Office of collection techniques or other forms of requires Federal savings associations to the Comptroller of the Currency, 250 E information technology; and note at least annually in the minutes of Street, SW, Washington, DC 20219. (e) Estimates of capital or startup costs the Board of Directors’ meeting the OTS: Ralph E. Maxwell, (202) 906– and costs of operation, maintenance, results of an audit (required at least 7740, Clearance Officer, Office of Thrift and purchase of services to provide once every calendar year) of its Supervision, 1700 G Street, NW, information. fiduciary activities; and requires Federal Washington, DC 20552. savings associations seeking to FDIC: Steven F. Hanft at the address Dated: August 9, 2000. surrender their authority to exercise listed above. Federal Deposit Insurance Corporation. fiduciary powers to file with the OTS a SUPPLEMENTARY INFORMATION: James D. La Pierre, certified copy of the resolution of its Type of Review: Renewal, without Deputy Executive Secretary. Board of Directors evidencing that change, of a currently approved intent. collection. Dated: August 15, 2000. Title: Interagency Guidance on Asset Mark J. Tenhundfeld, Respondents: Savings and Loan Securitization Activities. Assistant Director, Legislative and Regulatory Associations and Savings Banks. OMB Numbers: OCC: 1557–0217; Activities Division, Office of the Comptroller Estimated Number of Responses: 88. OTS: 1550–0104; FDIC: 3064–0137. of the Currency. Estimated Burden Hours Per Estimate of Annual Burden: Estimated Dated: August 11, 2000. Response: 3 hours. Number of Respondents: OCC: 50; OTS: Office of Thrift Supervision. Frequency of Response: Annually. 30; FDIC: 70. Estimated Responses per Respondent: John E. Werner, Estimated Total Reporting Burden: OCC: 1 per year; OTS: 1 per year; FDIC: Director, Information Management and 261 hours. 1 per year. Services. Clearance Officer: Ralph E. Maxwell, Estimated Total Annual Burden: OCC: [FR Doc. 00–21571 Filed 8–23–00; 8:45 am] (202) 906–7740, Office of Thrift 2,115 hours; OTS: 1,269 hours; FDIC: BILLING CODE 4810±33±P, 6720±01±P, 6714±01±P Supervision, 1700 Street, NW., 2,070 hours. Washington, DC 20552. Abstract: The collection applies to DEPARTMENT OF THE TREASURY OMB Reviewer: Alexander Hunt, (202) institutions engaged in asset 395–7860, Office of Management and securitization and consists of the Office of Thrift Supervision Budget, Room 10202, New Executive development of a written asset Office Building, Washington, DC 20503. securitization policy, the documentation Submission for OMB Review; John E. Werner, of fair value of retained interests, and a Comment Request management information system to Director, Information and Management monitor securitization activities. August 18, 2000. Services. Institution management use the The Office of Thrift Supervision [FR Doc. 00–21609 Filed 8–23–00; 8:45 am] collection as the basis for the safe and (OTS) has submitted the following BILLING CODE 6720±01±P
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Part II
Department of Agriculture Forest Service Department of the Interior Fish and Wildlife Service
36 CFR Part 242 50 CFR Part 100 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D—2001–2002 Subsistence Taking of Wildlife; Proposed Rules
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DEPARTMENT OF AGRICULTURE Forest System lands, contact Ken provide additional oral testimony on Thompson, Regional Subsistence specific proposals before the Board at Forest Service Program Manager, USDA, Forest that time. The Board will then Service, Alaska Region, (907) 786–3592. deliberate and take final action on 36 CFR Part 242 SUPPLEMENTARY INFORMATION: proposals received that request changes to this proposed rule at that public DEPARTMENT OF THE INTERIOR Public Review Process—Regulation meeting. Comments, Proposals, and Public Please note: The Board will not Fish and Wildlife Service Meetings consider proposals for changes relating The Federal Subsistence Board to fish or shellfish regulations at this 50 CFR Part 100 (Board) will hold meetings on this time. The Board will be calling for proposed changes to those regulations RIN 1018±AG55 proposed rule at the following locations in Alaska: in January 2001. By providing the following Subsistence Management Regulations North Slope Regional Council, Barrow, for Public Lands in Alaska, Subpart C September 12, 2000 information, you will facilitate the and Subpart DÐ2001±2002 Southcentral Regional Council, Mentasta Board’s review of your comments and Subsistence Taking of Wildlife Lake Village, September 20, 2000 wildlife proposals: (a) Your name, Northwest Arctic Regional Council, address, and telephone number; (b) the AGENCIES: Forest Service, Agriculture; Kotzebue, September 21, 2000 section and/or paragraph of the Fish and Wildlife Service, Interior. Seward Peninsula Regional Council, Nome, proposed rule for which your change is September 26, 2000 ACTION: Proposed rule. being suggested; (c) a statement Kodiak/Aleutians Regional Council, Nelson explaining why the change is necessary; SUMMARY: This proposed rule would Lagoon, October 1, 2000 (d) the proposed wording change; and establish regulations for hunting and Western Interior Regional Council, Nulato, October 4, 2000 (e) any additional information you trapping seasons, harvest limits, Yukon-Kuskokwim Delta Regional Council, believe will help the Board in methods, and means related to taking of Kotlik, October 9, 2000 evaluating your proposal. Proposals that wildlife for subsistence uses during the Eastern Interior Regional Council, Tanana, fail to include the above information or 2001–2002 regulatory year. The October 11, 2000 that are beyond the scope of authorities rulemaking is necessary because Southeast Regional Council, Hydaburg, in § lll.24, Subpart C, and Subpart D is subject to an annual public October 11, 2000 § lll.25, Subpart D, may be rejected. review cycle. When final, this Bristol Bay Regional Council, Naknek, The Board may defer review and action rulemaking would replace the wildlife October 13, 2000 on some proposals if workload exceeds regulations included in the We will publish notice of specific work capacity of staff, Regional ‘‘Subsistence Management Regulations dates, times, and meeting locations in Councils, or Board. These deferrals will for Public Lands in Alaska, Subpart D— local and statewide newspapers prior to be based on recommendations of the 2000–2001 Subsistence Taking of Fish the meetings. We may need to change affected Regional Council staff members and Wildlife Regulations,’’ which expire locations and dates based on weather or and on the basis of least harm to the on June 30, 2001. This rule would also local circumstances. The amount of subsistence user and the resource amend the Customary and Traditional work on each Regional Council’s agenda involved. Proposals should be specific Use Determinations of the Federal will determine the length of the to customary and traditional use Subsistence Board. Regional Council meetings. determinations or to subsistence DATES: The Federal Subsistence Board We will compile and distribute for hunting and trapping seasons, harvest must receive your written public additional public review during early limits, and/or methods and means. November 2000 the written proposals to comments and proposals to change this Background proposed rule no later than October 27, change the Subpart D hunting and 2000. Federal Subsistence Regional trapping regulations and customary and Title VIII of the Alaska National Interest Lands Conservation Act Advisory Councils (Regional Councils) the traditional use determinations in (ANILCA) (16 U.S.C. 3111–3126) will hold public meetings to receive Subpart C. A 30-day public comment requires that the Secretary of the Interior proposals to change this proposed rule period will follow distribution of the and the Secretary of Agriculture September 12, 2000—October 13, 2000. compiled proposal packet. We will (Secretaries) implement a joint program See SUPPLEMENTARY INFORMATION for accept written public comments on to grant a preference for subsistence additional information on the public distributed proposals during the public uses of fish and wildlife resources on meetings. comment period, which is presently scheduled to end on January 14, 2001. public lands, unless the State of Alaska ADDRESSES: You may submit written We will hold a second series of enacts and implements laws of general comments and proposals to the Office of Regional Council meetings in February applicability that are consistent with Subsistence Management, 3601 C Street, and March 2001, to assist the Regional ANILCA and that provide for the Suite 1030, Anchorage, Alaska 99503. Councils in developing subsistence definition, preference, and The public meetings will be held at recommendations to the Board. You participation specified in Sections 803, various locations in Alaska. See may also present comments on 804, and 805 of ANILCA. The State SUPPLEMENTARY INFORMATION for published proposals to change hunting implemented a program that the additional information on locations of and trapping and customary and Department of the Interior previously the public meetings. traditional use determination found to be consistent with ANILCA. FOR FURTHER INFORMATION CONTACT: regulations to the Regional Councils at However, in December 1989, the Alaska Chair, Federal Subsistence Board, c/o those winter meetings. Supreme Court ruled in McDowell v. U.S. Fish and Wildlife Service, The Board will discuss and evaluate State of Alaska that the rural preference Attention: Thomas H. Boyd, Office of proposed changes to this rule during a in the State subsistence statute violated Subsistence Management; (907) 786– public meeting scheduled to be held in the Alaska Constitution. The Court’s 3888. For questions specific to National Anchorage in May 2001. You may ruling in McDowell required the State to
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Area Species Determination
Unit 1(C) ...... Black Bear ...... Residents of Unit 1(C), 1(D), 3, and residents of Hoonah, Pelican, Point Baker, Sitka, and Tenakee Springs.
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Area Species Determination
1(A) ...... Brown Bear ...... Residents of Unit 1(A) except no subsistence for resi- dents of Hyder. 1(B) ...... Brown Bear ...... Residents of Unit 1(A), Petersburg, and Wrangell, ex- cept no subsistence for residents of Hyder. 1(C) ...... Brown Bear ...... Residents of Unit 1(C), Haines, Hoonah, Kake, Klukwan, Skagway, and Wrangell, except no subsist- ence for residents of Gustavus. 1(D) ...... Brown Bear ...... Residents of 1(D). 1(A) ...... Deer ...... Residents of 1(A) and 2. 1(B) ...... Deer ...... Residents of Unit 1(A), residents of 1(B), 2 and 3. 1(C) ...... Deer ...... Residents of 1(C) and (D), and residents of Hoonah, Kake, and Petersburg. 1(D) ...... Deer ...... No Federal subsistence priority. 1(B) ...... Goat ...... Residents of Units 1(B) and 3. 1(C) ...... Goat ...... Residents of Haines, Kake, Klukwan, Petersburg, and Hoonah. 1(B) ...... Moose ...... Residents of Units 1, 2, 3, and 4. 1(C) Berner's Bay ...... Moose ...... No Federal subsistence priority. 1(D) ...... Moose ...... Residents of Unit 1(D). Unit 2 ...... Brown Bear ...... No Federal subsistence priority. 2 ...... Deer ...... Residents of Unit 1(A) and residents of Units 2 and 3. Unit 3 ...... Deer ...... Residents of Unit 1(B) and 3, and residents of Port Al- exander, Port Protection, Pt. Baker, and Meyer's Chuck. 3, Wrangell and Mitkof Islands ...... Moose ...... Residents of Units 1(B), 2, and 3. Unit 4 ...... Brown Bear ...... Residents of Unit 4 and Kake. 4 ...... Deer ...... Residents of Unit 4 and residents of Kake, Gustavus, Haines, Petersburg, Pt. Baker, Klukwan, Port Protec- tion, Wrangell, and Yakutat. 4 ...... Goat ...... Residents of Sitka, Hoonah, Tenakee, Pelican, Funter Bay, Angoon, Port Alexander, and Elfin Cove. Unit 5 ...... Black Bear ...... Residents of Unit 5(A). 5 ...... Brown Bear ...... Residents of Yakutat. 5 ...... Deer ...... Residents of Yakutat. 5 ...... Goat ...... Residents of Unit 5(A) 5 ...... Moose ...... Residents of Unit 5(A). 5 ...... Wolf ...... Residents of Unit 5(A). Unit 6(A) ...... Black Bear ...... Residents of Yakutat and residents of 6(C) and 6(D), except no subsistence for Whittier. 6, remainder ...... Black Bear ...... Residents of Unit 6(C) and 6(D), except no subsistence for Whittier. 6 ...... Brown Bear ...... No Federal subsistence priority. 6(A) ...... Goat ...... Residents of Unit 5(A), 6(C), Chenega Bay and Tatitlek. 6(C) and (D) ...... Goat ...... Residents of Unit 6(C) and (D). 6(A) ...... Moose ...... Unit 6(A)ÐResidents of Units 5(A), 6(A), 6(B) and 6(C). 6(B) and (C) ...... Moose ...... Residents of Units 6(A), 6(B) and 6(C). 6(D) ...... Moose ...... No Federal subsistence priority. 6(A) ...... Wolf ...... Residents of Units 5(A), 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. 6, remainder ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 7 ...... Brown Bear ...... No Federal subsistence priority. 7 ...... Caribou ...... No Federal subsistence priority. 7, Brown Mountain hunt area ...... Goat ...... Residents of Port Graham and English Bay. 7, that portion draining into Kings Bay ...... Moose ...... Residents of Chenega Bay and Tatitlek. 7, remainder ...... Moose ...... No Federal subsistence priority. 7 ...... Sheep ...... No Federal subsistence priority. Unit 8 ...... Brown Bear ...... Residents of Old Harbor, Akhiok, Larsen Bay, Karluk, Ouzinkie, and Port Lions. 8 ...... Deer ...... Residents of Unit 8. 8 ...... Elk ...... Residents of Unit 8. 8 ...... Goat ...... No Federal subsistence priority. Unit 9(D) ...... Bison ...... No Federal subsistence priority. 9(A) and (B) ...... Black Bear ...... Residents of Units 9(A) and (B), and 17(A), (B), and (C). 9(A) ...... Brown Bear ...... Residents of Pedro Bay. 9(B) ...... Brown Bear ...... Residents of Unit 9(B). 9(C) ...... Brown Bear ...... Residents of Unit 9(C). 9(D) ...... Brown Bear ...... Residents of Units 9(D) and 10 (Unimak Island). 9(E) ...... Brown Bear ...... Residents of Chignik, Chignik Lagoon, Chignik Lake, Egegik, Ivanof Bay, Perryville, Pilot Point, Ugashik, and Port Heiden/Meshik. 9(A) and (B) ...... Caribou ...... Residents of Units 9(B), and 9(C) and 17.
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Area Species Determination
9(C) ...... Caribou ...... Residents of Unit 9(B), 9(C), 17 and residents of Egegik. 9(D) ...... Caribou ...... Residents of Unit 9(D), and residents of Akutan, False Pass. 9(E) ...... Caribou ...... Residents of Units 9(B), (C), (E), 17, and residents of Nelson Lagoon and Sand Point. 9(A), (B), (C) and (E) ...... Moose ...... Residents of Unit 9(A), (B), (C) and (E). 9(D) ...... Moose ...... Residents of Cold Bay, False Pass, King Cove, Nelson Lagoon, and Sand Point. 9(B) ...... Sheep ...... Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port Alsworth. 9, remainder ...... Sheep ...... No determination. 9 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. 9(A), (B), (C), & (E) ...... Beaver ...... Residents of Units 9(A), (B), (C), (E), and 17. Unit 10 Unimak Island ...... Brown Bear ...... Residents of Units 9(D) and 10 (Unimak Island). Unit 10 Unimak Island ...... Caribou ...... Residents of Akutan, False Pass, King Cove, and Sand Point. 10, remainder ...... Caribou ...... No determination. 10 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 11 ...... Bison ...... No Federal subsistence priority. 11, north of the Sanford River ...... Black Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Tazlina, Tonsina, and Units 11 and 12. 11, remainder ...... Black Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Tazlina, Tonsina, and Unit 11. 11, north of the Sanford River ...... Brown Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Tazlina, Tonsina, and Units 11 and 12. 11, remainder ...... Brown Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Tazlina, Tonsina, and Unit 11. 11, north of the Sanford River ...... Caribou ...... Residents of Units 11, 12, and 13 (A)±(D) and the resi- dents of Chickaloon, Healy Lake, and Dot Lake. 11, remainder ...... Caribou ...... Residents of Units 11 and 13(A)±(D) and the residents of Chickaloon. 11 ...... Goat ...... Residents of Unit 11 and the residents of Chitina, Chistochina, Copper Center, Gakona, Glennallen, Gulkana, Mentasta Lake, Tazlina, Tonsina, and Dot Lake. 11, north of the Sanford River ...... Moose ...... Residents of Units 11, 12, and 13(A)±(D) and the resi- dents of Chickaloon, Healy Lake, and Dot Lake. 11, remainder ...... Moose ...... Residents of Units 11, 13(A)±(D), and residents of Chickaloon. 11, north of the Sanford River ...... Sheep ...... Residents of Unit 12 and the communities and areas of Chistochina, Chitina, Copper Center, Dot Lake, Gakona, Glennallen, Gulkana, Healy Lake, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/ South Park, Tazlina and Tonsina; residents along the Nabesna RoadÐMilepost 0±46 (Nabesna Road), and residents along the McCarthy RoadÐ Milepost 0±62 (McCarthy Road). 11, remainder ...... Sheep ...... Residents of the communities and areas of Chisana, Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/ South Park, Tazlina and Tonsina; residents along the Tok CutoffÐMile- post 79±110 (Mentasta Pass), residents along the Nabesna RoadÐMilepost 0±46 (Nabesna Road), and residents along the McCarthy RoadÐMilepost 0±62 (McCarthy Road). 11 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. 11 ...... Grouse (Spruce, Blue, Residents of Units 11, 12, 13 and the residents of Ruffed and Sharp-tailed). Chickaloon, 15, 16, 20(D), 22 and 23. 11 ...... Ptarmigan (Rock, Willow Residents of Units 11, 12, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20(D), 22 and 23. Unit 12 ...... Brown Bear ...... Residents of Unit 12 and Dot Lake, Chistochina, Gakona, Mentasta Lake, and Slana. 12 ...... Caribou ...... Residents of Unit 12 and residents of Dot Lake, Healy Lake, and Mentasta Lake.
VerDate 11
Area Species Determination
12, south of a line from Noyes Mountain, southeast of Moose ...... Residents of Unit 11 north of 62nd parallel (excluding the confluence of Tatschunda Creek to Nabesna River. North Slana Homestead and South Slana Home- stead); and residents of Unit 12, 13(A)±(D) and the residents of Chickaloon, Dot Lake, and Healy Lake. 12, east of the Nabesna River and Nabesna Glacier, Moose ...... Residents of Unit 12 and Healy Lake. south of the Winter Trail from Pickerel Lake to the Ca- nadian Border. 12, remainder ...... Moose ...... Residents of Unit 12 and residents of Dot Lake, Healy Lake, and Mentasta Lake. 12 ...... Sheep ...... Residents of Unit 12 and residents of Chistochina, Dot Lake, Healy Lake, and Mentasta Lake. 12 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 13 ...... Brown Bear ...... Residents of Unit 13. 13(B) ...... Caribou ...... Residents of Units 11, 12 (along the Nabesna Road), 13, residents of Unit 20(D) except Fort Greely, and the residents of Chickaloon. 13(C) ...... Caribou ...... Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of Chickaloon, Dot Lake and Healy Lake. 13(A) & (D) ...... Caribou ...... Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of Chickaloon. 13(E) ...... Caribou ...... Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of Chickaloon, McKinley Vil- lage, and the area along the Parks Highway between milepost 216 and 239 (except no subsistence for residents of Denali National Park headquarters). 13(D) ...... Goat ...... No Federal subsistence priority. 13(A) and (D) ...... Moose ...... Residents of Unit 13 and the residents of Chickaloon. 13(B) ...... Moose ...... Residents of Units 13, 20(D) except Fort Greely, and the residents of Chickaloon. 13(C) ...... Moose ...... Residents of Units 12, 13 and the residents of Chickaloon, Healy Lake, and Dot Lake. 13(E) ...... Moose ...... Residents of Unit 13 and the residents of Chickaloon and of McKinley Village, and the area along the Parks Highway between milepost 216 and 239 (ex- cept no subsistence for residents of Denali National Park headquarters). 13(D) ...... Sheep ...... No Federal subsistence priority. 13 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. 13 ...... Grouse (Spruce, Blue, Residents of Units 11, 13 and the residents of Ruffed & Sharp-tailed). Chickaloon, 15, 16, 20(D), 22 & 23. 13 ...... Ptarmigan (Rock, Willow Residents of Units 11, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20(D), 22 & 23. Unit 14(B) and (C) ...... Brown Bear ...... No Federal subsistence priority. 14 ...... Goat ...... No Federal subsistence priority. 14 ...... Moose ...... No Federal subsistence priority. 14(A) and (C) ...... Sheep ...... No Federal subsistence priority. Unit 15(C) ...... Black Bear ...... Residents of Port Graham and Nanwalek only. 15, remainder ...... Black Bear ...... No Federal subsistence priority. 15 ...... Brown Bear ...... No Federal subsistence priority. 15(C), Port Graham and English Bay hunt areas ...... Goat ...... Residents of Port Graham and Nanwalek. 15(C), Seldovia hunt area ...... Goat ...... Residents Seldovia area. 15 ...... Moose ...... Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia. 15 ...... Sheep ...... No Federal subsistence priority. 15 ...... Ptarmigan (Rock, Willow Residents of Unit 15. and White-tailed). 15 ...... Grouse (Spruce) ...... Residents of Unit 15. 15 ...... Grouse (Ruffed) ...... No Federal subsistence priority. Unit 16(B) ...... Black Bear ...... Residents of Unit 16(B). 16 ...... Brown Bear ...... No Federal subsistence priority. 16(A) ...... Moose ...... No Federal subsistence priority. 16(B) ...... Moose ...... Residents of Unit 16(B). 16 ...... Sheep ...... No Federal subsistence priority. 16 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. 16 ...... Grouse (Spruce, Blue, Residents of Units 11, 13 and the residents of Ruffed and Sharp-tailed). Chickaloon, 15, 16, 20(D), 22 and 23. 16 ...... Ptarmigan (Rock, Willow Residents of Units 11, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20(D), 22 and 23. Unit 17(A) and that portion of 17(B) draining into Black Bear ...... Residents of Units 9(A) and (B), 17, and residents of Nuyakuk Lake and Tikchik Lake. Akiak and Akiachak.
VerDate 11
Area Species Determination
17, remainder ...... Black Bear ...... Residents of Units 9(A) and (B), and 17. 17(A) ...... Brown Bear ...... Residents of Unit 17, and residents of Akiak, Akiachak, Goodnews Bay and Platinum. 17(A) and (B), those portions north and west of a line Brown Bear ...... Residents of Kwethluk. beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills. 17(B), that portion draining into Nuyakuk Lake and Brown Bear ...... Residents of Akiak and Akiachak. Tikchik Lake. 17(B) and (C) ...... Brown Bear ...... Residents of Unit 17. 17 ...... Caribou ...... Residents of Units 9(B), 17 and residents of Lime Vil- lage and Stony River. Unit 17(A, that portion west of the Izavieknik River, Caribou ...... Residents of Goodnews Bay, Platinum, Quinhagak, Upper Togiak Lake, Togiak Lake, and the main course Eek, Tuntutuliak, and Napakiak. of the Togiak River. Unit 17(A)ÐThat portion north of Togiak Lake that in- Caribou ...... Residents of Akiak, Akiachak, and Tuluksak. cludes Izavieknik River drainages. 17(A) and (B), those portions north and west of a line Caribou ...... Residents of Kwethluk. beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills. Unit 17(B), that portion of Togiak National Wildlife Ref- Caribou ...... Residents of Bethel, Goodnews Bay, Platinum, uge within Unit 17(B). Quinhagak, Eek, Akiak, Akiachak, and Tuluksak, Tuntutuliak, and Napakiak. 17(A) and (B), those portions north and west of a line Moose ...... Residents of Kwethluk. beginning from the Unit 18 boundary at the northwest end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills. 17(A) ...... Moose ...... Residents of Unit 17 and residents of Goodnews Bay and Platinum; however, no subsistence for residents of Akiachak, Akiak and Quinhagak. Unit 17(A)ÐThat portion north of Togiak Lake that in- Moose ...... Residents of Akiak, Akiachak. cludes Izavieknik River drainages. Unit 17(B)ÐThat portion within the Togiak National Wild- Moose ...... Residents of Akiak, Akiachak. life Refuge. 17(B) and (C) ...... Moose ...... Residents of Unit 17, and residents of Nondalton, Levelock, Goodnews Bay, and Platinum. 17 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. 17 ...... Beaver ...... Residents of Units 9(A), (B), (C), (E), and 17. Unit 18 ...... Black Bear ...... Residents of Unit 18, residents of Unit 19(A) living downstream of the Holokuk River, and residents of Holy Cross, Stebbins, St. Michael, Twin Hills, and Togiak. 18 ...... Brown Bear ...... Residents of Akiachak, Akiak, Eek, Goodnews Bay, Kwethluk, Mt. Village, Napaskiak, Platinum, Quinhagak, St. Mary's, and Tuluksak. 18 ...... Caribou (Kilbuck caribou INTERIM DETERMINATION BY FEDERAL SUBSIST- herd only). ENCE BOARD (12/18/91): residents of Tuluksak, Akiak, Akiachak, Kwethluk, Bethel, Oscarville, Napaskiak, Napakiak, Kasigluk, Atmanthluak, Nunapitchuk, Tuntutuliak, Eek, Quinhagak, Goodnews Bay, Platinum, Togiak, and Twin Hills. 18, north of the Yukon River ...... Caribou (except Kilbuck Residents of Alakanuk, Andreafsky, Chevak, Emmonak, caribou herd). Hooper Bay, Kotlik, Kwethluk, Marshall, Mountain Vil- lage, Pilot Station, Pitka's Point, Russian Mission, St. Marys, St. Michael, Scammon Bay, Sheldon Point, and Stebbins. 18, remainder ...... Caribou (except Kilbuck Residents of Kwethluk. caribou herd). 18, that portion of the Yukon River drainage upstream of Moose ...... Residents of Unit 18 and residents of Upper Kalskag, Russian Mission and that portion of the Kuskokwim Lower Kalskag, Aniak, and Chuathbaluk. River drainage upstream of, but not including the Tuluksak River drainage. 18, remainder ...... Moose ...... Residents of Unit 18 and residents of Upper Kalskag and Lower Kalskag. 18 ...... Muskox ...... No Federal subsistence priority.
VerDate 11
Area Species Determination
18 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 19(C) (D) ...... Bison ...... No Federal subsistence priority. 19(A) and (B) ...... Brown Bear ...... Residents of Units 19 and 18 within the Kuskokwim River drainage upstream from, and including, the Johnson River. 19(C) ...... Brown Bear ...... No Federal subsistence priority. 19(D) ...... Brown Bear ...... Residents of Units 19(A) and (D), and residents of Tulusak and Lower Kalskag. 19(A) and (B) ...... Caribou ...... Residents of Units 19(A) and 19(B), residents of Unit 18 within the Kuskokwim River drainage upstream from, and including, the Johnson River, and residents of St. Marys, Marshall, Pilot Station, Russian Mission. 19(C) ...... Caribou ...... Residents of Unit 19(C), and residents of Lime Village, McGrath, Nikolai, and Telida. 19(D) ...... Caribou ...... Residents of Unit 19(D), and residents of Lime Village, Sleetmute, and Stony River. 19(A) and (B) ...... Moose ...... Residents of Unit 18 within Kuskokwim River drainage upstream from and including the Johnson River, and Unit 19. Unit 19(B), west of the Kogrukluk River ...... Moose ...... Residents of Eek and Quinhagak. 19(C) ...... Moose ...... Residents of Unit 19. 19(D) ...... Moose ...... Residents of Unit 19 and residents of Lake Minchumina. 19 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 20(D) ...... Bison ...... No Federal subsistence priority. 20(F) ...... Black Bear ...... Residents of Unit 20(F) and residents of Stevens Vil- lage and Manley. 20(E) ...... Brown Bear ...... Residents of Unit 12 and Dot Lake. 20(F) ...... Brown Bear ...... Residents of Unit 20(F) and residents of Stevens Vil- lage and Manley. 20(A) ...... Caribou ...... Residents of Cantwell, Nenana, and those domiciled between milepost 216 and 239 of the Parks Highway. No subsistence priority for residents of households of the Denali National Park Headquarters. 20(B) ...... Caribou ...... Residents of Unit 20(B), Nenana, and Tanana. 20(C) ...... Caribou ...... Residents of Unit 20(C) living east of the Teklanika River, residents of Cantwell, Lake Minchumina, Manley Hot Springs, Minto, Nenena, Nikolai, Tanana, Talida, and those domiciled between milepost 216 and 239 of the Parks Highway and between milepost 300 and 309. No subsistence priority for residents of households of the Denali National Park Head- quarters. 20(D) and (E) ...... Caribou ...... Residents of 20(D), 20(E), and Unit 12 north of the Wrangell-St. Elias National Park and Preserve. 20(F) ...... Caribou ...... Residents of 20(F), 25(D), and Manley. 20(A) ...... Moose ...... Residents of Cantwell, Minto, and Nenana, McKinley Village, the area along the Parks Highway between mileposts 216 and 239, except no subsistence for residents of households of the Denali National Park Headquarters. 20(B) ...... Moose ...... Minto Flats Management AreaÐresidents of Minto and Nenana. 20(B) ...... Moose ...... RemainderÐresidents of Unit 20(B), and residents of Nenana and Tanana. 20(C) ...... Moose ...... Residents of Unit 20(C) (except that portion within Denali National Park and Preserve and that portion east of the Teklanika River), and residents of Cant- well, Manley, Minto, Nenana, the Parks Highway from milepost 300±309, Nikolai, Tanana, Telida, McKinley Village, and the area along the Parks High- way between mileposts 216 and 239. No subsistence for residents of households of the Denali National Park Headquarters. 20(D) ...... Moose ...... Residents of Unit 20(D) and residents of Tanacross. 20(F) ...... Moose ...... Residents of Unit 20(F), Manley, Minto, and Stevens Village. 20(F) ...... Wolf ...... Residents of Unit 20(F) and residents of Stevens Vil- lage and Manley. 20, remainder ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26.
VerDate 11
Area Species Determination
20(D) ...... Grouse, (Spruce, Blue, Residents of Units 11, 13 and the residents of Ruffed and Sharp-tailed). Chickaloon, 15, 16, 20(D), 22, and 23. 20(D) ...... Ptarmigan (Rock, Willow Residents of Units 11, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20(D), 22, and 23. Unit 21 ...... Brown Bear ...... Residents of Units 21 and 23. 21(A) ...... Caribou ...... Residents of Units 21(A), 21(D), 21(E), Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna. 21(B) & (C) ...... Caribou ...... Residents of Units 21(B), 21(C), 21(D), and Tanana. 21(D) ...... Caribou ...... Residents of Units 21(B), 21(C), 21(D), and Huslia. 21(E) ...... Caribou ...... Residents of Units 21(A), 21(E) and Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna. 21(A) ...... Moose ...... Residents of Units 21(A), (E), Takotna, McGrath, Aniak, and Crooked Creek. 21(B) and (C) ...... Moose ...... Residents of Units 21(B) and (C), Tanana, Ruby, and Galena. 21(D) ...... Moose ...... Residents of Units 21(D), Huslia, and Ruby. 21(E) ...... Moose ...... Residents of Unit 21(E) and residents of Russian Mis- sion. 21 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26. Unit 22(A) ...... Black Bear ...... Residents of Unit 22(A) and Koyuk. 22(B) ...... Black Bear ...... Residents of Unit 22(B). 22(C), (D), and (E) ...... Black Bear ...... No Federal subsistence priority. 22 ...... Brown Bear ...... Residents of Unit 22. 22(A) ...... Caribou ...... Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, and residents of Units 22 (except resi- dents of St. Lawrence Island), 23, 24 and residents of Kotlik, Emmonak, Hooper Bay, Scammon Bay, Chevak, Marshall, Mountain Village, Pilot Station, Pitka's Point, Russian Mission, St. Marys, Sheldon Point, and Alakanuk. 22, remainder ...... Caribou ...... Reidents of Unit 21(D) west of the Koyukuk and Yukon Rivers, and residents of Units 22 (except residents of St. Lawrence Island), 23, 24. 22 ...... Moose ...... Residents of Unit 22. 22(B) ...... Muskox ...... Residents of Unit 22(B). 22(C) ...... Muskox ...... Residents of Unit 22(C). 22(D) ...... Muskox ...... Residents of Unit 22(D) excluding St. Lawrence Island. 22(E) ...... Muskox ...... Residents of Unit 22(E) excluding Little Diomede Is- land. 22 ...... Wolf ...... Residents of Units 23, 22, 21(D) north and west of the Yukon River, and residents of Kotlik. 22 ...... Grouse (Spruce, Blue, Residents of Units 11, 13 and the residents of Ruffed and Sharp-tailed). Chickaloon, 15, 16, 20(D), 22, and 23. 22 ...... Ptarmigan (Rock, Willow Residents of Units 11, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20(D), 22, and 23. Unit 23 ...... Black Bear ...... Residents of Unit 23, Alatna, Allakaket, Bettles, Evans- ville, Galena, Hughes, Huslia, and Koyukuk. 23 ...... Brown Bear ...... Residents of Units 21 and 23. 23 ...... Caribou ...... Residents of Unit 21(D) west of the Koyukuk and Yukon Rivers, residents of Galena, and residents of Units 22, 23, 24 including residents of Wiseman but not including other residents of the Dalton Highway Corridor Management Area, and 26(A). 23 ...... Moose ...... Residents of Unit 23. 23, south of Kotzebue Sound and west of and including Muskox ...... Residents of Unit 23 South of Kotzebue Sound and the Buckland River drainage. west of and including the Buckland River drainage. 23, remainder ...... Muskox ...... Residents of Unit 23 east and north of the Buckland River drainage. 23 ...... Sheep ...... Residents of Point Lay and Unit 23 north of the Arctic Circle. 23 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon, and 16±26 23 ...... Grouse (Spruce, Blue, Residents of Units 11, 13 and the residents of Ruffed and Sharp-tailed). Chickaloon, 15, 16, 20(D), 22, and 23. 23 ...... Ptarmigan (Rock, Willow Residents of Units 11, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20(D), 22, and 23. Unit 24, that portion south of Caribou Mountain, and Black Bear ...... Residents of Stevens Village and residents of Unit 24 within the public lands composing or immediately ad- and Wiseman, but not including any other residents jacent to the Dalton Highway Corridor Management of the Dalton Highway Corridor Management Area. Area. 24, remainder ...... Black Bear ...... Residents of Unit 24 and Wiseman, but not including any other residents of the Dalton Highway Corridor Management Area.
VerDate 11
Area Species Determination
24, that portion south of Caribou Mountain, and within Brown Bear ...... Residents of Stevens Village and residents of Unit 24 the public lands composing or immediately adjacent to and Wiseman, but no including any other residents of the Dalton Highway Corridor Management Area. the Dalton Highway Corridor Management Area. 24, remainder ...... Brown Bear ...... Residents of Unit 24 including Wiseman, but not includ- ing any other residents of the Dalton Highway Cor- ridor Management Area. 24 ...... Caribou ...... Residents of Unit 24, Galena, Kobuk, Koyukuk, Ste- vens Village, and Tanana. 24 ...... Moose ...... Residents of Unit 24, Koyukuk, and Galena. 24 ...... Sheep ...... Residents of Unit 24 residing north of the Arctic Circle and residents of Allakaket, Alatna, Hughes, and Huslia. 24 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 25(D) ...... Black Bear ...... Residents of Unit 25(D). 25(D) ...... Brown Bear ...... Residents of Unit 25(D). 25, remainder ...... Brown Bear ...... No Federal subsistence priority. 25(D) ...... Caribou ...... Residents of 20(F), 25(D), and Manley. 25(A) ...... Moose ...... Residents of Units 25(A) and 25(D). 25(D) West ...... Moose ...... Residents of Beaver, Birch Creek, and Stevens Village. 25(D), remainder ...... Moose ...... Residents of Remainder of Unit 25. 25(A) ...... Sheep ...... Residents of Arctic Village, Chalkytsik, Fort Yukon, Kaktovik, and Venetie. 25(B) and (C) ...... Sheep ...... No Federal subsistence priority. 25(D) ...... Wolf ...... Residents of Unit 25(D). 25, remainder ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26. Unit 26 ...... Brown Bear ...... Residents of Unit 26 (except the Prudhoe Bay- Deadhorse Industrial Complex) and residents of Anaktuvuk Pass and Point Hope. 26(A) ...... Caribou ...... Residents of Unit 26, Anaktuvuk Pass and Point Hope. 26(B) ...... Caribou ...... Residents of Unit 26, Anaktuvuk Pass, Point Hope, and Wiseman. 26(C) ...... Caribou ...... Residents of Unit 26, Anaktuvuk Pass and Point Hope. 26 ...... Moose ...... Residents of Unit 26, (except the Prudhoe Bay- Deadhorse Industrial Complex), and residents of Point Hope and Anaktuvuk Pass. 26(A) ...... Muskox ...... Residents of Anaktuvuk Pass, Atqasuk, Barrow, Nuiqsut, Point Hope, Point Lay, and Wainwright. 26(B) ...... Muskox ...... Residents of Anaktuvuk Pass, Nuiqsut, and Kaktovik. 26(C) ...... Muskox ...... Residents of Kaktovik. 26(A) ...... Sheep ...... Residents of Unit 26, Anaktuvuk Pass, and Point Hope. 26(B) ...... Sheep ...... Residents of Unit 26, Anaktuvuk Pass, Point Hope, and Wiseman. 26(C) ...... Sheep ...... Residents of Unit 26, Anaktuvuk Pass, Arctic Village, Chalkytsik, Fort Yukon, Point Hope, and Venetie. 26 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11±13 and the residents of Chickaloon and 16±26.
* * * * * Airport means an airport listed in the mechanical device that holds arrows at Federal Aviation Administration, full draw. Subpart DÐSubsistence Taking of Alaska Airman’s Guide and chart Broadhead means an arrowhead that Fish and Wildlife supplement. is not barbed and has two or more steel 3. We propose to revise Subpart D of Animal means those species with a cutting edges having a minimum cutting 36 CFR part 242 and 50 CFR part 100, vertebral column (backbone). diameter of not less than seven-eighths § lll.25 effective July 1, 2001, Antler means one or more solid, horn- inch. through June 30, 2002, to read as like appendages protruding from the Brow tine means a tine on the front follows: head of a caribou, deer, elk, or moose. portion of a moose antler, typically Antlered means any caribou, deer, elk, projecting forward from the base of the § lll.25 Subsistence taking of wildlife. or moose having at least one visible antler toward the nose. (a) Definitions. The following antler. Buck means any male deer. definitions shall apply to all regulations Antlerless means any caribou, deer, Bull means any male moose, caribou, contained in this section: elk, or moose not having visible antlers elk, or musk oxen. ADF&G means the Alaska Department attached to the skull. Closed season means the time when of Fish and Game. Bear means black bear, or brown or wildlife may not be taken. Aircraft means any kind of airplane, grizzly bear. Cub bear means a brown or grizzly glider, or other device used to transport Bow means a longbow, recurve bow, bear in its first or second year of life, or people or equipment through the air, or compound bow, excluding a a black bear (including cinnamon and excluding helicopters. crossbow, or any bow equipped with a blue phases) in its first year of life.
VerDate 11
Designated hunter means a Federally Hunting means the taking of wildlife mean the entire external covering with qualified, licensed hunter who may take within established hunting seasons with claws attached. all or a portion of another Federally archery equipment or firearms, and as Spike-fork moose means a bull moose qualified, licensed hunter’s harvest authorized by a required hunting with only one or two tines on either limit(s) only under situations approved license. antler; male calves are not spike-fork by the Board. Marmot collectively refers to all bulls. Edible meat means the breast meat of species of marmot that occur in Alaska Take or Taking means to pursue, ptarmigan and grouse, and, those parts including the hoary marmot, Alaska hunt, shoot, trap, net, capture, collect, of caribou, deer, elk, mountain goat, marmot, and the woodchuck. kill, harm, or attempt to engage in any moose, musk oxen, and Dall sheep that Motorized vehicle means a motor- such conduct. are typically used for human driven land, air, or water conveyance. Tine or antler point refers to any point consumption, which are: The meat of Open season means the time when on an antler, the length of which is the ribs, neck, brisket, front quarters as wildlife may be taken by hunting or greater than its width and is at least one far as the distal (bottom) joint of the trapping; an open season includes the inch. radius-ulna (knee), hindquarters as far first and last days of the prescribed Transportation means to ship, as the distal joint (bottom) of the tibia- season period. convey, carry, or transport by any means fibula (hock) and that portion of the Otter means river or land otter only, whatever and deliver or receive for such animal between the front and excluding sea otter. shipment, conveyance, carriage, or hindquarters; however, edible meat of Permit hunt means a hunt for which transportation. species listed above does not include: State or Federal permits are issued by Trapping means the taking of Meat of the head, meat that has been registration or other means. furbearers within established trapping damaged and made inedible by the Poison means any substance that is seasons and with a required trapping method of taking, bones, sinew, and toxic or poisonous upon contact or license. Unclassified wildlife or unclassified incidental meat reasonably lost as a ingestion. species means all species of animals not result of boning or close trimming of the Possession means having direct otherwise classified by the definitions bones, or viscera. For black bear, brown physical control of wildlife at a given in this paragraph (a), or regulated under and grizzly bear, ‘‘edible meat’’ means time or having both the power and other Federal law as listed in paragraph the meat of the front quarter and intention to exercise dominion or (i) of this section. hindquarters and meat along the control of wildlife either directly or backbone (backstrap). Ungulate means any species of hoofed through another person or persons. mammal, including deer, caribou, elk, Federally-qualified subsistence user Ptarmigan collectively refers to all moose, mountain goat, Dall sheep, and means a rural Alaska resident qualified species found in Alaska, including musk oxen. to harvest fish or wildlife on Federal white-tailed ptarmigan, rock ptarmigan, Unit means one of the 26 geographical public lands in accordance with the and willow ptarmigan. areas in the State of Alaska known as Federal Subsistence Management Ram means a male Dall sheep. Game Management Units, or GMU, and Regulations in this part. Registration permit means a permit collectively listed in this section as Fifty-inch (50-inch) moose means a that authorizes hunting and is issued to Units. bull moose with an antler spread of 50 a person who agrees to the specified Wildlife means any hare (rabbit), inches or more. hunting conditions. Hunting permitted ptarmigan, grouse, ungulate, bear, Full curl horn means the horn of a by a registration permit begins on an furbearer, or unclassified species and Dall sheep ram; the tip of which has announced date and continues includes any part, product, egg, or grown through 360 degrees of a circle throughout the open season, or until the offspring thereof, or carcass or part described by the outer surface of the season is closed by Board action. thereof. horn, as viewed from the side, or that Registration permits are issued in the (b) Hunters may take wildlife for both horns are broken, or that the sheep order applications are received and/or subsistence uses by any method, except is at least 8 years of age as determined are based on priorities as determined by as prohibited in this section or by other by horn growth annuli. 50 CFR 100.17 and 36 CFR 242.17. Federal statute. Taking wildlife for Furbearer means a beaver, coyote, Sealing means placing a mark or tag subsistence uses by a prohibited method arctic fox, red fox, lynx, marten, mink, on a portion of a harvested animal by an is a violation of this part. Seasons are weasel, muskrat, river (land) otter, red authorized representative of the ADF&G; closed unless opened by Federal squirrel, flying squirrel, ground squirrel, sealing includes collecting and regulation. Hunting or trapping during a marmot, wolf, or wolverine. recording information about the closed season or in an area closed by Grouse collectively refers to all conditions under which the animal was this part is prohibited. species found in Alaska, including harvested, and measurements of the (1) Except for special provisions spruce grouse, ruffed grouse, blue specimen submitted for sealing or found at paragraphs (k)(1) through (26) grouse, and sharp-tailed grouse. surrendering a specific portion of the of this section, the following methods Hare or hares collectively refers to all animal for biological information. and means of taking wildlife for species of hares (commonly called Seven-eighths curl horn means the subsistence uses are prohibited: rabbits) in Alaska and includes horn of a male Dall sheep, the tip of (i) Shooting from, on, or across a snowshoe hare and tundra hare. which has grown through seven-eights highway; Harvest limit means the number of (315 degrees) of a circle, described by (ii) Using any poison; any one species permitted to be taken by the outer surface of the horn, as viewed (iii) Using a helicopter in any manner, any one person in a Unit or portion of from the side, or with both horns including transportation of individuals, a Unit in which the taking occurs. broken. equipment, or wildlife; however, this Highway means the driveable surface Skin, hide, pelt, or fur means any prohibition does not apply to of any constructed road. tanned or untanned external covering of transportation of an individual, gear, or Household means that group of an animal’s body; excluding bear. The wildlife during an emergency rescue people residing in the same residence. skin, hide, fur, or pelt of a bear shall operation in a life-threatening situation;
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(iv) Taking wildlife from a motorized (A) Before establishing a black bear (vi) Taking beaver in the Minto Flats land or air vehicle, when that vehicle is bait station, you must register the site Management Area with the use of an in motion or from a motor-driven boat with ADF&G; aircraft for ground transportation, or by when the boat’s progress from the (B) When using bait you must clearly landing within one mile of a beaver trap motor’s power has not ceased; mark the site with a sign reading ‘‘black or set used by the transported person; (v) Using a motorized vehicle to drive, bear bait station’’ that also displays your (vii) Taking or assisting in the taking herd, or molest wildlife; hunting license number and ADF&G of furbearers by firearm before 3:00 a.m. (vi) Using or being aided by use of a assigned number; on the day following the day on which machine gun, set gun, or a shotgun (C) You may use only biodegradable airborne travel occurred; however, this larger than 10 gauge; materials for bait; you may use only the does not apply to a trapper using a head, bones, viscera, or skin of legally firearm to dispatch furbearers caught in (vii) Using a firearm other than a harvested fish and wildlife for bait; a trap or snare. shotgun, muzzle-loaded rifle, rifle or (D) You may not use bait within one- (c) Possession and transportation of pistol using center-firing cartridges, for quarter mile of a publicly maintained wildlife. (1) Except as specified in the taking of ungulates, bear, wolves or road or trail; paragraph (c)(3)(ii) or (c)(4) of this wolverine, except that— (E) You may not use bait within one section, or as otherwise provided, you (A) An individual in possession of a mile of a house or other permanent may not take a species of wildlife in any valid trapping license may use a firearm dwelling, or within one mile of a Unit, or portion of a Unit, if your total that shoots rimfire cartridges to take developed campground, or developed take of that species already obtained wolves and wolverine; recreational facility; anywhere in the State under Federal (B) Only a muzzle-loading rifle of .54- (F) When using bait, you must remove and State regulations equals or exceeds caliber or larger, or a .45-caliber muzzle- litter and equipment from the bait the harvest limit in that Unit. loading rifle with a 250-grain, or larger, station site when done hunting; (2) An animal taken under Federal or elongated slug may be used to take (G) You may not give or receive State regulations by any member of a brown bear, black bear, elk, moose, payment for the use of a bait station, community with an established musk oxen and mountain goat; including barter or exchange of goods; community harvest limit for that species (viii) Using or being aided by use of (H) You may not have more than two counts toward the community harvest a pit, fire, artificial light, radio bait stations with bait present at any one limit for that species. Except for wildlife communication, artificial salt lick, time; taken pursuant to § lll.6(f)(3) or as explosive, barbed arrow, bomb, smoke, (xv) Taking swimming ungulates, otherwise provided for by this part, an bears, wolves or wolverine; chemical, conventional steel trap with a animal taken as part of a community (xvi) Taking or assisting in the taking jaw spread over nine inches, or conibear harvest limit counts toward every of ungulates, bear, wolves, wolverine, or style trap with a jaw spread over 11 other furbearers before 3:00 a.m. community member’s harvest limit for inches; following the day in which airborne that species taken under Federal or State (ix) Using a snare, except that an travel occurred (except for flights in of Alaska regulations. (3) Harvest limits. (i) Harvest limits, individual in possession of a valid regularly scheduled commercial including those related to ceremonial hunting license may use nets and snares aircraft); however, this restriction does uses, authorized by this section and to take unclassified wildlife, ptarmigan, not apply to subsistence taking of deer; grouse, or hares; and, individuals in (xvii) Taking a bear cub or a sow harvest limits established in State possession of a valid trapping license accompanied by cub(s). regulations may not be accumulated. may use snares to take furbearers; (2) Wildlife taken in defense of life or (ii) Wildlife taken by a designated hunter for another person pursuant to (x) Using a trap to take ungulates or property is not a subsistence use; lll bear; wildlife so taken is subject to State § .6(f)(2), counts toward the individual harvest limit of the person (xi) Using hooks to physically snag, regulations. for whom the wildlife is taken. impale, or otherwise take wildlife; (3) The following methods and means (4) The harvest limit specified for a however, hooks may be used as a trap of trapping furbearers, for subsistence trapping season for a species and the drag; uses pursuant to the requirements of a trapping license are prohibited, in harvest limit set for a hunting season for (xii) Using a crossbow to take the same species are separate and ungulates, bear, wolf, or wolverine in addition to the prohibitions listed at paragraph (b)(1) of this section: distinct. This means that if you have any area restricted to hunting by bow taken a harvest limit for a particular and arrow only; (i) Disturbing or destroying a den, except that you may disturb a muskrat species under a trapping season, you (xiii) Taking of ungulates, bear, wolf, pushup or feeding house in the course may take additional animals under the or wolverine with a bow, unless the bow harvest limit specified for a hunting 7 of trapping; is capable of casting a ⁄8-inch wide (ii) Disturbing or destroying any season or vice versa. broadhead-tipped arrow at least 175 beaver house; (5) A brown/grizzly bear taken in a yards horizontally, and the arrow and (iii) Taking beaver by any means other Unit or portion of a Unit having a broadhead together weigh at least one than a steel trap or snare, except that harvest limit of one brown/grizzly bear ounce (437.5 grains); you may use firearms in certain Units per year counts against a one brown/ (xiv) Using bait for taking ungulates, with established seasons as identified in grizzly bear every four regulatory years bear, wolf, or wolverine; except, you Unit-specific regulations found in this harvest limit in other Units; an may use bait to take wolves and subpart; individual may not take more than one wolverine with a trapping license, and, (iv) Taking otter with a steel trap brown/grizzly bear in a regulatory year. you may use bait to take black bears having a jaw spread of less than five and (6) A harvest limit applies to the with a hunting license as authorized in seven-eighths inches during any closed number of animals that can be taken Unit-specific regulations at paragraphs mink and marten season in the same during a regulatory year; however, (k)(1) through (26) of this section. Unit; harvest limits for grouse, ptarmigan, and Baiting of black bears is subject to the (v) Using a net, or fish trap (except a caribou (in some Units) are regulated by following restrictions: blackfish or fyke trap); the number that may be taken per day.
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Harvest limits of grouse and ptarmigan storage or otherwise prepared for remove and retain the skin of the skull are also regulated by the number that consumption after arrival at the place and front claws of the bear. can be held in possession. where it is to be stored or consumed. (iii) If you remove the skin or skull of (7) Unless otherwise provided, any (11) You must leave all edible meat a bear taken in the Northwestern Alaska person who gives or receives wildlife from caribou and moose harvested in Brown Bear Management Area from the shall furnish, upon a request made by a Units 9(B), 17, and 19(B) prior to area or present it for commercial Federal or State agent, a signed October 1 on the bones of the front tanning within the Management Area, statement describing the following: quarters and hind quarters until you you must first have it sealed by an names and addresses of persons who remove the meat from the field or ADF&G representative in Barrow, gave and received wildlife, the time and process it for human consumption. Fairbanks, Galena, Nome, or Kotzebue; place that the wildlife was taken, and (d) If you take an animal that has been at the time of sealing, the ADF&G identification of species transferred. marked or tagged for scientific studies, representative shall remove and retain Where a qualified subsistence user has you must, within a reasonable time, the skin of the skull and front claws of designated another qualified subsistence notify the ADF&G or the agency the bear. user to take wildlife on his or her behalf identified on the collar or marker, when (iv) If you remove the skin or skull of lll in accordance with § .6, the and where the animal was taken. You a bear taken in Unit 5 from the area, you permit shall be furnished in place of a also must retain any ear tag, collar, must first have it sealed by an ADF&G signed statement. radio, tattoo, or other identification with representative in Yakutat; at the time of (8) A rural Alaska resident who has the hide until it is sealed, if sealing is sealing, the ADF&G representative shall been designated to take wildlife on required; in all cases, you must return remove and retain the skin of the skull behalf of another rural Alaska resident and front claws of the bear. lll any identification equipment to the in accordance with § .6, shall ADF&G or to an agency identified on (4) You may not falsify any promptly deliver the wildlife to that such equipment. information required on the sealing rural Alaska resident. (e) Sealing of bear skins and skulls. (1) certificate or temporary sealing form (9) You may not possess, transport, Sealing requirements for bear shall provided by the ADF&G in accordance give, receive, or barter wildlife that was apply to brown bears taken in all Units, with State regulations. taken in violation of Federal or State (f) Sealing of beaver, lynx, marten, statutes or a regulation promulgated except as specified in this paragraph, and black bears of all color phases taken otter, wolf, and wolverine. You may not thereunder. possess or transport from Alaska the (10) Evidence of sex and identity. (i) in Units 1–7, 11–17, and 20. (2) You may not possess or transport untanned skin of a marten taken in If subsistence take of Dall sheep is Units 1–5, 7, 13(E), and 14–16 or the restricted to a ram, you may not possess from Alaska, the untanned skin or skull of a bear unless the skin and skull have untanned skin of a beaver, lynx, otter, or transport a harvested sheep unless wolf, or wolverine, whether taken inside both horns accompany the animal. been sealed by an authorized representative of ADF&G in accordance or outside the State, unless the skin has (ii) If the subsistence taking of an been sealed by an authorized ungulate, except sheep, is restricted to with State or Federal regulations, except that the skin and skull of a brown bear representative of ADF&G in accordance one sex in the local area, you may not with State regulations. In Unit 18, you possess or transport the carcass of an taken under a registration permit in the Western Alaska Brown Bear must obtain an ADF&G seal for beaver animal taken in that area unless skins only if they are to be sold or sufficient portions of the external sex Management Area, the Northwest Alaska Brown Bear Management Area, commercially sold. organs remain attached to indicate (1) You must seal any wolf taken in Unit 5, or Unit 9(B) need not be sealed conclusively the sex of the animal, Unit 2 on or before the 30th day after unless removed from the area. except in Units 11 and 13 where you the date of taking. may possess either sufficient portions of (3) You must keep a bear skin and (2) You must leave the radius and the external sex organs (still attached to skull together until a representative of ulna of the left foreleg naturally a portion of the carcass) or the head the ADF&G has removed a rudimentary attached to the hide of any wolf taken (with or without antlers attached; premolar tooth from the skull and in Units 1–5 until the hide is sealed. however, the antler stumps must remain sealed both the skull and the skin; (g) A person who takes a species attached), to indicate the sex of the however, this provision shall not apply listed in paragraph (f) of this section but harvested moose; however, this to brown bears taken within the Western who is unable to present the skin in paragraph (c)(10)(ii) does not apply to Alaska Brown Bear Management Area, person, must complete and sign a the carcass of an ungulate that has been the Northwest Alaska Brown Bear temporary sealing form and ensure that butchered and placed in storage or Management Area, Unit 5, or Unit 9(B) the completed temporary sealing form otherwise prepared for consumption which are not removed from the and skin are presented to an authorized upon arrival at the location where it is Management Area or Unit. representative of ADF&G for sealing to be consumed. (i) In areas where sealing is required consistent with requirements listed in (iii) If a moose harvest limit includes by Federal regulations, you may not paragraph (f) of this section. an antler size or configuration possess or transport the hide of a bear (h) Utilization of wildlife. (1) You restriction, you may not possess or which does not have the penis sheath or may not use wildlife as food for a dog transport the moose carcass or its parts vaginal orifice naturally attached to or furbearer, or as bait, except for the unless both antlers accompany the indicate conclusively the sex of the following: carcass or its parts. If you possess a set bear. (i) The hide, skin, viscera, head, or of antlers with less than the required (ii) If the skin or skull of a bear taken bones of wildlife; number of brow tines on one antler, you in the Western Alaska Brown Bear (ii) The skinned carcass of a furbearer; must leave the antlers naturally attached Management Area is removed from the (iii) Squirrels, hares (rabbits), grouse, to the unbroken, uncut skull plate; area, you must first have it sealed by an and ptarmigan; however, you may not however, this paragraph (c)(10)(iii) does ADF&G representative in Bethel, use the breast meat of grouse and not apply to a moose carcass or its parts Dillingham, or McGrath; at the time of ptarmigan as animal food or bait; that have been butchered and placed in sealing, the ADF&G representative shall (iv) Unclassified wildlife.
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(2) If you take wildlife for subsistence, (1) Unit 1. Unit 1 consists of all (vi) You may not trap furbearers for you must salvage the following parts for mainland drainages from Dixon subsistence uses in Unit 1(C), Juneau human use: Entrance to Cape Fairweather, and those area, on the following public lands: (i) The hide of a wolf, wolverine, islands east of the center line of (A) A strip within one-quarter mile of coyote, fox, lynx, marten, mink, weasel, Clarence Strait from Dixon Entrance to the mainland coast between the end of or otter; Caamano Point, and all islands in Thane Road and the end of Glacier (ii) The hide and edible meat of a Stephens Passage and Lynn Canal north Highway at Echo Cove; brown bear, except that the hide of of Taku Inlet: (B) That area of the Mendenhall brown bears taken in the Western and (i) Unit 1(A) consists of all drainages Valley bounded on the south by the Northwestern Alaska Brown Bear south of the latitude of Lemesurier Point Glacier Highway, on the west by the Management Areas and Units 5 and 9(B) including all drainages into Behm Mendenhall Loop Road and Montana need not be salvaged; Canal, excluding all drainages of Ernest Creek Road and Spur Road to (iii) The hide and edible meat of a Sound; Mendenhall Lake, on the north by black bear; (ii) Unit 1(B) consists of all drainages Mendenhall Lake, and on the east by the (iv) The hide or meat of squirrels, between the latitude of Lemesurier Mendenhall Loop Road and Forest hares (rabbits), marmots, beaver, Point and the latitude of Cape Fanshaw Service Glacier Spur Road to the Forest muskrats, or unclassified wildlife. including all drainages of Ernest Sound Service Visitor Center; (3) You must salvage the edible meat and Farragut Bay, and including the (C) That area within the U.S. Forest of ungulates, bear, grouse and islands east of the center lines of Service Mendenhall Glacier Recreation ptarmigan. Frederick Sound, Dry Strait (between Area; (D) A strip within one-quarter mile of (4) Failure to salvage the edible meat Sergief and Kadin Islands), Eastern the following trails as designated on may not be a violation if such failure is Passage, Blake Channel (excluding U.S. Geological Survey maps: Herbert caused by circumstances beyond the Blake Island), Ernest Sound, and Glacier Trail, Windfall Lake Trail, control of a person, including theft of Seward Passage; Peterson Lake Trail, Spaulding the harvested wildlife, unanticipated (iii) Unit 1(C) consists of that portion Meadows Trail (including the loop weather conditions, or unavoidable loss of Unit 1 draining into Stephens Passage trail), Nugget Creek Trail, Outer Point to another animal. and Lynn Canal north of Cape Fanshaw Trail, Dan Moller Trail, Perseverance (i) The regulations found in this and south of the latitude of Eldred Rock Trail, Granite Creek Trail, Mt. Roberts section do not apply to the subsistence including Berners Bay, Sullivan Island, Trail and Nelson Water Supply Trail, taking and use of wildlife regulated and all mainland portions north of Sheep Creek Trail, and Point Bishop pursuant to the Fur Seal Act of 1966 (80 Chichagof Island and south of the Trail; Stat. 1091, 16 U.S.C. 1187), the latitude of Eldred Rock, excluding drainages into Farragut Bay; (vii) Unit-specific regulations: Endangered Species Act of 1973 (87 (A) You may hunt black bear with bait (iv) Unit 1(D) consists of that portion Stat. 884, 16 U.S.C. 1531–1543), the in Units 1(A), 1(B), and 1(D) between of Unit 1 north of the latitude of Eldred Marine Mammal Protection Act of 1972 April 15 and June 15; (86 Stat. 1027; 16 U.S.C. 1361–1407), Rock, excluding Sullivan Island and the (B) You may not use boats to take and the Migratory Bird Treaty Act (40 drainages of Berners Bay; ungulates, bear, wolves, or wolverine, Stat. 755; 16 U.S.C. 703–711), or any (v) In the following areas, the taking unless you are certified as disabled; amendments to these Acts. The taking of wildlife for subsistence uses is (C) You may take wildlife outside the and use of wildlife, covered by these prohibited or restricted on public lands: seasons or harvest limits provided in Acts, will conform to the specific (A) Public lands within Glacier Bay this part for food in traditional religious provisions contained in these Acts, as National Park are closed to all taking of ceremonies which are part of a funerary amended, and any implementing wildlife for subsistence uses; or mortuary cycle, including memorial regulations. (B) Unit 1(A)—in the Hyder area, the potlatches, if: (j) Rural residents, nonrural residents, Salmon River drainage downstream (1) The person organizing the and nonresidents not specifically from the Riverside Mine, excluding the religious ceremony, or designee, prohibited by Federal regulations from Thumb Creek drainage, is closed to the contacts the appropriate Federal land hunting or trapping on public lands in taking of bear; management agency prior to taking or an area, may hunt or trap on public (C) Unit 1(B)—the Anan Creek attempting to take game and provides to lands in accordance with the drainage within one mile of Anan Creek the appropriate Federal land managing appropriate State regulations. downstream from the mouth of Anan agency the name of the decedent, the (k) Unit regulations. You may take for Lake, including the area within a one nature of the ceremony, the species and subsistence unclassified wildlife, all mile radius from the mouth of Anan number to be taken, and the Unit(s) in squirrel species, and marmots in all Creek Lagoon, is closed to the taking of which the taking will occur; Units, without harvest limits, for the black bear and brown bear; (2) The taking does not violate period of July 1–June 30. You may not (D) Unit 1(C): recognized principles of fish and take for subsistence wildlife outside (1) You may not hunt within one- wildlife conservation; established Unit seasons, or in excess of fourth mile of Mendenhall Lake, the (3) Each person who takes wildlife the established Unit harvest limits, U.S. Forest Service Mendenhall Glacier under this section must, as soon as unless otherwise provided for by the Visitor’s Center, and the Center’s practicable, and not more than 15 days Board. You may take wildlife under parking area; after the harvest, submit a written report State regulations on public lands, except (2) You may not take mountain goat to the appropriate Federal land as otherwise restricted at paragraphs in the area of Mt. Bullard bounded by managing agency, specifying the (k)(1) through (26) of this section. the Mendenhall Glacier, Nugget Creek harvester’s name and address, the Additional Unit-specific restrictions or from its mouth to its confluence with number, sex and species of wildlife allowances for subsistence taking of Goat Creek, and a line from the mouth taken, the date and locations of the wildlife are identified at paragraphs of Goat Creek north to the Mendenhall taking, and the name of the decedent for (k)(1) through (26) of this section. Glacier; whom the ceremony was held;
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(4) No permit or harvest ticket is (D) A Federally-qualified subsistence obtain a designated hunter permit and required for taking under this section; user (recipient) may designate another must return a completed harvest report. however, the harvester must be an Federally-qualified subsistence user to The designated hunter may hunt for any Alaska rural resident with customary take deer on his or her behalf unless the number of recipients but may have no and traditional use in that area where recipient is a member of a community more than two harvest limits in his/her the harvesting will occur; operating under a community harvest possession at any one time. system. The designated hunter must
Harvest limits Open season
HUNTING Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1±June 30. Brown Bear: 1 bear every four regulatory years by State registration permit only ...... Sept. 15±Dec. 31. Mar. 15±May 31. Deer: Unit 1(A)Ð4 antlered deer ...... Aug. 1±Dec. 31. Unit 1(B)Ð2 antlered deer ...... Aug. 1±Dec. 31. Unit 1(C)Ð4 deer; however, antlerless deer may be taken only from Sept. 15±Dec. 31 ...... Aug. 1±Dec. 31. Goat: Unit 1(A)ÐRevillagigedo Island only ...... No open season. Unit 1(B)Ðthat portion north of LeConte Bay. 1 goat by State registration permit only; the taking of kids or nan- Aug. 1±Dec. 31. nies accompanied by kids is prohibited. Unit 1(B)Ðthat portion between LeConte Bay and the North Fork of Bradfield River/Canal. 2 goats; a State reg- Aug. 1±Dec. 31. istration permit will be required for the taking of the first goat and a Federal registration permit for the taking of a second goat; the taking of kids or nannies accompanied by kids is prohibited. Unit 1(A) and Unit 1(B)ÐremainderÐ2 goats by State registration permit only ...... Aug. 1±Dec. 31. Unit 1(C)Ðthat portion draining into Lynn Canal and Stephens Passage between Antler River and Eagle Glacier Oct. 1±Nov. 30. and River, and all drainages of the Chilkat Range south of the Endicott RiverÐ1 goat by State registration per- mit only. Unit 1(C)Ðthat portion draining into Stephens Passage and Taku Inlet between Eagle Glacier and River and No open season. Taku Glacier. Unit 1(C)ÐremainderÐ1 goat by State registration permit only ...... Aug. 1±Nov. 30. Unit 1(D)Ðthat portion lying north of the Katzehin River and northeast of the Haines highwayÐ1 goat by State Sept. 15±Nov. 30. registration permit only. Unit 1(D)Ðthat portion lying between Taiya Inlet and River and the White Pass and Yukon Railroad ...... No open season. Unit 1(D)ÐremainderÐ1 goat by State registration permit only ...... Aug. 1±Dec. 31. Moose: Unit 1(A)Ð1 antlered bull ...... Sept. 15±Oct. 15. Unit 1(B)Ð1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler, by State reg- Sept. 15±Oct. 15. istration permit only. Unit 1(C)Ðthat portion south of Point Hobart including all Port Houghton drainagesÐ1 antlered bull with spike- Sept. 15±Oct. 15. fork or 50-inch antlers or 3 or more brow tines on either antler, by State registration permit only. Unit 1(C)Ðremainder, excluding drainages of Berners BayÐ1 antlered bull by State registration permit only ...... Sept. 15±Oct. 15. Unit 1(D) ...... No open season. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Aug. 1±Apr. 30. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15. TRAPPING Beaver: Unit 1(A), (B), and (C)ÐNo limit ...... Dec. 1±May 15. Coyote: No limit ...... Dec. 1±Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Dec. 1±Feb. 15. Mink and Weasel: No limit ...... Dec. 1±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Dec. 1±Feb. 15. Wolf: No limit ...... Nov. 10±Apr. 30. Wolverine: No limit ...... Nov. 10±Apr. 30.
(2) Unit 2. Unit 2 consists of Prince of (i) Unit-specific regulations: (C) You may take wildlife outside the Wales Island and all islands west of the (A) You may use bait to hunt black seasons or harvest limits provided in center lines of Clarence Strait and bear between April 15 and June 15; this part for food in traditional religious Kashevarof Passage, south and east of ceremonies which are part of a funerary (B) You may not use boats to take the center lines of Sumner Strait, and or mortuary cycle, including memorial ungulates, bear, wolves, or wolverine, east of the longitude of the western most potlatches, if: unless you are certified as disabled; point on Warren Island.
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(1) The person organizing the practicable, and not more than 15 days (D) A Federally-qualified subsistence religious ceremony, or designee, after the harvest, submit a written report user (recipient) may designate another contacts the appropriate Federal land to the appropriate Federal land Federally-qualified subsistence user to management agency prior to taking or managing agency, specifying the take deer on his or her behalf unless the attempting to take game and provides to harvester’s name and address, the recipient is a member of a community the appropriate Federal land managing number, sex and species of wildlife operating under a community harvest agency the name of the decedent, the taken, the date and locations of the system. The designated hunter must nature of the ceremony, the species and taking, and the name of the decedent for obtain a designated hunter permit and number to be taken, and the Unit(s) in whom the ceremony was held; must return a completed harvest report. (4) No permit or harvest ticket is which the taking will occur; The designated hunter may hunt for any (2) The taking does not violate required for taking under this section; number of recipients but may have no recognized principles of fish and however, the harvester must be an more than two harvest limits in his/her wildlife conservation; Alaska rural resident with customary (3) Each person who takes wildlife and traditional use in that area where possession at any one time. under this section must, as soon as the harvesting will occur; (ii) [Reserved]
Harvest limits Open season
HUNTING Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1±June 30. Deer: 4 deer; however, no more than one may be an antlerless deer.. Antlerless deer may be taken only during the period Oct. 15±Dec. 31 by Federal registration permit only...... Aug. 1±Dec. 31. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Dec. 1±Mar. 31. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15. TRAPPING Beaver: No limit ...... Dec. 1±May 15. Coyote: No limit ...... Dec. 1±Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Dec. 1±Feb. 15. Mink and Weasel: No limit ...... Dec. 1±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Dec. 1±Feb. 15. Wolf: No limit ...... Dec. 1±Mar. 31. Wolverine: No limit ...... Nov. 10±Apr. 30.
(3) Unit 3. (i) Unit 3 consists of all the hunting closure markers one mile (2) The taking does not violate islands west of Unit 1(B), north of Unit south of the Blind Slough bridge. recognized principles of fish and 2, south of the center line of Frederick (iii) Unit-specific regulations: wildlife conservation; Sound, and east of the center line of (3) Each person who takes wildlife Chatham Strait including Coronation, (A) You may use bait to hunt black under this section must, as soon as Kuiu, Kupreanof, Mitkof, Zarembo, bear between April 15 and June 15; practicable, and not more than 15 days Kashevarof, Woronkofski, Etolin, (B) You may not use boats to take after the harvest, submit a written report Wrangell, and Deer Islands. ungulates, bear, wolves, or wolverine, to the appropriate Federal land (ii) In the following areas, the taking unless you are certified as disabled; managing agency, specifying the of wildlife for subsistence uses is (C) You may take wildlife outside the harvester’s name and address, the prohibited or restricted on public lands: seasons or harvest limits provided in number, sex and species of wildlife (A) In the Petersburg vicinity, you this part for food in traditional religious taken, the date and locations of the may not take ungulates, bear, wolves, taking, and the name of the decedent for ceremonies which are part of a funerary and wolverine along a strip one-fourth whom the ceremony was held; or mortuary cycle, including memorial mile wide on each side of the Mitkof (4) No permit or harvest ticket is potlatches, if: Highway from Milepost 0 to Crystal required for taking under this section; Lake campground; (1) The person organizing the however, the harvester must be an (B) You may not take black bears in religious ceremony, or designee, contact Alaska rural resident with customary the Petersburg Creek drainage on the appropriate Federal land and traditional use in that area where Kupreanof Island; management agency prior to taking or the harvesting will occur; (C) You may not hunt in the Blind attempting to take game and provides to (D) A Federally-qualified subsistence Slough draining into Wrangell Narrows the appropriate Federal land managing user (recipient) may designate another and a strip one-fourth mile wide on agency the name of the decedent, the Federally-qualified subsistence user to each side of Blind Slough, from the nature of the ceremony, the species and take deer on his or her behalf unless the hunting closure markers at the number to be taken, and the Unit(s) in recipient is a member of a community southernmost portion of Blind Island to which the taking will occur; operating under a community harvest
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Harvest limits Open season
HUNTING Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1±June 30. Deer: Unit 3ÐMitkof Island, Woewodski Island, Butterworth Islands, and that portion of Kupreanof Island which in- Oct. 15±Oct. 31. cludes Lindenburg Peninsula east of the Portage Bay/Duncan Canal PortageÐ1 antlered deer by State reg- istration permit only; however, the city limits of Petersburg and Kupreanof are closed to hunting. Unit 3ÐremainderÐ2 antlered deer ...... Aug. 1±Nov. 30. Moose: 1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler by State registration Sept. 15±Oct. 15. permit only. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Aug. 1±Apr. 30. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15. TRAPPING Beaver: Unit 3ÐMitkof IslandÐNo limit ...... Dec. 1±Apr. 15. Unit 3Ðexcept Mitkof IslandÐNo limit ...... Dec. 1±May 15. Coyote: No limit ...... Dec. 1±Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Dec. 1±Feb. 15. Mink and Weasel: No limit ...... Dec. 1±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Dec. 1±Feb. 15. Wolf: No limit ...... Nov. 10±Apr. 30. Wolverine: No limit ...... Nov. 10±Apr. 30.
(4) Unit 4. (i) Unit 4 consists of all drainage divide from the northwest contacts the appropriate Federal land islands south and west of Unit 1(C) and point of Gull Cove to Port Frederick management agency prior to taking or north of Unit 3 including Admiralty, Portage, including all drainages into attempting to take game and provides to Baranof, Chichagof, Yakobi, Inian, Port Frederick and Mud Bay; the appropriate Federal land managing Lemesurier, and Pleasant Islands. (E) You may not use any motorized agency the name of the decedent, the (ii) In the following areas, the taking land vehicle for the taking of marten, nature of the ceremony, the species and of wildlife for subsistence uses is mink, and weasel on Chichagof Island. number to be taken, and the Unit(s) in prohibited or restricted on public lands: (iii) Unit-specific regulations: which the taking will occur; (A) You may not take bears in the (A) You may take ungulates from a (2) The taking does not violate Seymour Canal Closed Area (Admiralty boat. You may not use a boat to take recognized principles of fish and Island) including all drainages into bear, wolves, or wolverine, unless you wildlife conservation; are certified as disabled; northwestern Seymour Canal between (3) Each person who takes wildlife Staunch Point and the southernmost tip (B) A Federally-qualified subsistence user (recipient) may designate another under this section must, as soon as of the unnamed peninsula separating practicable, and not more than 15 days Swan Cove and King Salmon Bay Federally-qualified subsistence user to after the harvest, submit a written report including Swan and Windfall Islands; take deer on his or her behalf unless the to the appropriate Federal land (B) You may not take bears in the Salt recipient is a member of a community Lake Closed Area (Admiralty Island) operating under a community harvest managing agency, specifying the including all lands within one-fourth system. The designated hunter must harvester’s name and address, the mile of Salt Lake above Klutchman Rock obtain a designated hunter permit and number, sex and species of wildlife at the head of Mitchell Bay; must return a completed harvest report. taken, the date and locations of the (C) You may not take brown bears in The designated hunter may hunt for any taking, and the name of the decedent for the Port Althorp Closed Area (Chichagof number of recipients but may have no whom the ceremony was held; Island), that area within the Port more than two harvest limits in his/her (4) No permit or harvest ticket is Althorp watershed south of a line from possession at any one time; required for taking under this section; Point Lucan to Salt Chuck Point (Trap (C) You may take of wildlife outside however, the harvester must be an Rock); the seasons or harvest limits provided in Alaska rural resident with customary (D) You may not use any motorized this part for food in traditional religious and traditional use in that area where land vehicle for brown bear hunting in ceremonies which are part of a funerary the harvesting will occur; the Northeast Chichagof Controlled Use or mortuary cycle, including memorial (D) Five Federal registration permits Area (NECCUA) consisting of all potlatches, if: will be issued for the taking of brown portions of Unit 4 on Chichagof Island (1) The person organizing the bear for educational purposes associated north of Tenakee Inlet and east of the religious ceremony, or designee, with teaching customary and traditional
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Harvest limits Open season
HUNTING Brown Bear: Unit 4ÐChichagof Island south and west of a line that follows the crest of the island from Rock Point (58° N. lat., Sept. 15±Dec. 31. 136° 21′ W. long.) to Rodgers Point (57° 35′ N. lat., 135° 33′ W. long.) including Yakobi and other adjacent is- Mar. 15±May 31. lands; Baranof Island south and west of a line which follows the crest of the island from Nismeni Point (57° 34′ N. lat., 135° 25′ W. long.) to the entrance of Gut Bay (56° 44′ N. lat. 134° 38′ W. long.) including the drainages into Gut Bay and including Kruzof and other adjacent islandsÐ1 bear every four regulatory years by State reg- istration permit only. Unit 4Ðthat portion in the Northeast Chichagof Controlled Use AreaÐ1 bear every four regulatory years by State Mar. 15±May 20. registration permit only. Unit 4ÐremainderÐ1 bear every four regulatory years by State registration permit only ...... Sept. 15±Dec. 31. Mar. 15±May 20. Deer: 6 deer; however, antlerless deer may be taken only from Sept. 15±Jan. 31 ...... Aug. 1±Jan. 31. Goat: 1 goat by State registration permit only ...... Aug. 1±Dec. 31. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Aug. 1±Apr. 30. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1.±May 15. TRAPPING Beaver: Unit 4Ðthat portion east of Chatham StraitÐNo limit...... Dec. 1±May 15. Remainder of Unit 4 ...... No open season. Coyote: No limit ...... Dec. 1±Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: Unit 4ÐChichagof Island east of Idaho Inlet and north of Trail River and Tenakee Inlet and north of a line from Dec. 1±Dec. 31. the headwaters of Trail River to the head of Tenakee Inlet.ÐNo limit. Remainder of Unit 4ÐNo limit ...... Dec. 1±Feb. 15. Mink and Weasel: Unit 4ÐChichagof IslandÐNo limit ...... Dec. 1±Dec. 31. Remainder of Unit 4ÐNo limit ...... Dec. 1±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Dec. 1±Feb. 15. Wolf: No limit ...... Nov. 10±Apr. 30. Wolverine: No limit ...... Nov. 10±Apr. 30.
(5) Unit 5. (i) Unit 5 consists of all have obtained a Federal registration practicable, and not more than 15 days Gulf of Alaska drainages and islands permit prior to hunting; after the harvest, submit a written report between Cape Fairweather and the (D) You may take wildlife outside the to the appropriate Federal land center line of Icy Bay, including the seasons or harvest limits provided in managing agency, specifying the Guyot Hills: this part for food in traditional religious harvester’s name and address, the (A) Unit 5(A) consists of all drainages ceremonies which are part of a funerary number, sex and species of wildlife east of Yakutat Bay, Disenchantment or mortuary cycle, including memorial taken, the date and locations of the Bay, and the eastern edge of Hubbard potlatches, if: taking, and the name of the decedent for Glacier, and includes the islands of (1) The person organizing the whom the ceremony was held; Yakutat and Disenchantment Bays; religious ceremony, or designee, (4) No permit or harvest ticket is (B) Unit 5(B) consists of the remainder contacts the appropriate Federal land required for taking under this section; of Unit 5. management agency prior to taking or however, the harvester must be an (ii) You may not take wildlife for attempting to take game and provides to Alaska rural resident with customary subsistence uses on public lands within the appropriate Federal land managing and traditional use in that area where Glacier Bay National Park. (iii) Unit-specific regulations: agency the name of the decedent, the the harvesting will occur; (A) You may use bait to hunt black nature of the ceremony, the species and (E) A Federally-qualified subsistence bear between April 15 and June 15; number to be taken, and the Unit(s) in user (recipient) may designate another (B) You may not use boats to take which the taking will occur; Federally-qualified subsistence user to ungulates, bear, wolves, or wolverine, (2) The taking does not violate take deer or moose on his or her behalf except for persons certified as disabled; recognized principles of fish and unless the recipient is a member of a (C) You may hunt brown bear in Unit wildlife conservation; community operating under a 5 with a Federal registration permit in (3) Each person who takes wildlife community harvest system. The lieu of a State metal locking tag; if you under this section must, as soon as designated hunter must obtain a
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Harvest limits Open season
HUNTING Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1±June 30. Brown Bear: 1 bear by Federal registration permit only ...... Sept. 1±May 31. Deer: Unit 5(A)Ð1 buck ...... Nov. 1±Nov. 30. Unit 5(B) ...... No open season. Goat: 1 goat by Federal registration permit only ...... Aug. 1±Jan. 31. Moose: Unit 5(A), Nunatak BenchÐ1 moose by State registration permit only. The season will be closed when 5 moose Nov. 15±Feb. 15. have been taken from the Nunatak Bench. Unit 5(A), except Nunatak BenchÐ1 antlered bull by Federal registration permit only. The season will be closed Oct. 8±Nov. 15. when 60 antlered bulls have been taken from the Unit. The season will be closed in that portion west of the Dangerous River when 30 antlered bulls have been taken in that area. From Oct. 8±Oct. 21, public lands will be closed to taking of moose, except by residents of Unit 5(A). Unit 5(B)Ð1 antlered bull by State registration permit only. The season will be closed when 25 antlered bulls Sept. 1±Dec. 15. have been taken from the entirety of Unit 5(B). Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): 5 hares per day ...... Sept. 1±Apr. 30. Lynx: 2 lynx ...... Dec. 1±Feb. 15. Wolf: 5 wolves ...... Aug. 1±Apr. 30. Wolverine: 1 wolverine ...... Nov. 10±Feb. 15. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15. TRAPPING Beaver: No limit ...... Nov. 10±May 15. Coyote: No limit ...... Dec. 1±Feb. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Dec. 1±Feb. 15. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Nov. 10±Feb. 15. Mink and Weasel: No limit ...... Nov. 10±Feb. 15. Muskrat: No limit ...... Dec. 1±Feb. 15. Otter: No limit ...... Nov. 10±Feb. 15. Wolf: No limit ...... Nov. 10±Apr. 30. Wolverine: No limit ...... Nov. 10±Apr. 30.
(6) Unit 6. (i) Unit 6 consists of all Copper River, and east of a line from south and east by Pleasant Valley River Gulf of Alaska and Prince William Flag Point to Cottonwood Point; and Pleasant Glacier, and on the west by Sound drainages from the center line of (C) Unit 6(C) consists of drainages the Copper River; Icy Bay (excluding the Guyot Hills) to west of the west bank of the Copper (B) You may not take mountain goat Cape Fairfield including Kayak, River, and west of a line from Flag Point in the Heney Range goat observation Hinchinbrook, Montague, and adjacent to Cottonwood Point, and drainages east area, which consists of that portion of islands, and Middleton Island, but of the east bank of Rude River and Unit 6(C) south of the Copper River excluding the Copper River drainage drainages into the eastern shore of Highway and west of the Eyak River. upstream from Miles Glacier, and Nelson Bay and Orca Inlet; (iii) Unit-specific regulations: excluding the Nellie Juan and Kings (D) Unit 6(D) consists of the (A) You may use bait to hunt black River drainages: remainder of Unit 6. bear between April 15 and June 15; (A) Unit 6(A) consists of Gulf of (ii) For the following areas, the taking (B) You may take coyotes in Units Alaska drainages east of Palm Point near of wildlife for subsistence uses is 6(B) and 6(C) with the aid of artificial Katalla including Kanak, Wingham, and prohibited or restricted on public lands: lights; Kayak Islands; (A) You may not take mountain goat (C) One permit will be issued to the (B) Unit 6(B) consists of Gulf of in the Goat Mountain goat observation Native Village of Eyak to take one bull Alaska and Copper River Basin area, which consists of that portion of moose from Federal lands in Units 6(B) drainages west of Palm Point near Unit 6(B) bounded on the north by or (C) for their annual Memorial/ Katalla, east of the west bank of the Miles Lake and Miles Glacier, on the Sobriety Day potlatch.
Harvest limits Open season
HUNTING Black Bear: 1 bear ...... Sept. 1±June 30. Deer: 4 deer; however, antlerless deer may be taken only from Oct. 1±Dec. 31 ...... Aug. 1±Dec. 31. Goats: Unit 6(A), (B)Ð1 goat by State registration permit only ...... Aug. 20±Jan. 31. Unit 6(C) ...... No open season.
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Harvest limits Open season
Unit 6(D) (subareas RG242, RG243, RG244, RG249, RG266 and RG252 only)Ð1 goat by Federal registration Aug. 20±Jan. 31. permit only. In each of the Unit 6(D) subareas, goat seasons will be closed when harvest limits for that subarea are reached. Harvest quotas are as follows: RG242Ð2 goats, RG243Ð4 goats, RG244Ð2 goats, RG249Ð4 goats, RG266Ð4 goats, RG252Ð1 goat. Unit 6(D) (subarea RG245)ÐThe taking of goats is prohibited on all public lands ...... No open season. Moose: Unit 6(C)Ð1 cow by Federal registration permit only. (Five permits will be issued.) ...... Aug. 15±Dec. 31. Unit 6ÐremainderÐNo Federal open season ...... Beaver: 1 beaver per day, 1 in possession ...... May 1±Oct. 31. Coyote: Unit 6(A) and (D)Ð2 coyotes ...... Sept. 1±Apr. 30. Unit 6(B)ÐNo limit ...... July 1±June 30. Unit 6(C)Ðsouth of the Copper River Highway and east of the Heney RangeÐNo limit ...... July 1±June 30. Unit 6(C)ÐremainderÐNo limit ...... July 1±June 30. Fox, Red (including Cross, Black and Silver Phases) ...... No open season. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx ...... No open season. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 5 per day, 10 in possession ...... Aug. 1±May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1±May 15. TRAPPING Beaver: No limit ...... Dec. 1±Apr. 30. Coyote: Unit 6(A), (B), and (D)ÐNo limit ...... Nov. 10±Mar. 31. Unit 6(C)Ðsouth of the Copper River Highway and east of the Heney RangeÐNo limit ...... Nov. 10±Apr. 30. Unit 6(C)ÐremainderÐNo limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Jan. 1±Feb. 15. Marten: No limit ...... Nov. 10±Feb. 28. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31 Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.
(7) Unit 7. (i) Unit 7 consists of Gulf (ii) In the following areas, the taking Byron Creek, Glacier Creek, and Byron of Alaska drainages between Gore Point of wildlife for subsistence uses is Glacier; however, you may hunt grouse, and Cape Fairfield including the Nellie prohibited or restricted on public lands: ptarmigan, hares, and squirrels with Juan and Kings River drainages, and (A) You may not take wildlife for shotguns after September 1. including the Kenai River drainage subsistence uses in the Kenai Fjords (iii) Unit-specific regulations: upstream from the Russian River, the National Park; drainages into the south side of (B) You may not hunt in the Portage (A) You may use bait to hunt black Turnagain Arm west of and including Glacier Closed Area in Unit 7, which bear between April 15 and June 15; the Portage Creek drainage, and east of consists of Portage Creek drainages except in the drainages of Resurrection 150° W. long., and all Kenai Peninsula between the Anchorage-Seward Creek and its tributaries. ° drainages east of 150 W. long., from Railroad and Placer Creek in Bear (B) [Reserved] Turnagain Arm to the Kenai River. Valley, Portage Lake, the mouth of
Harvest limits Open season
HUNTING Black Bear: Unit 7Ð3 bears ...... July 1±June 30. Moose: Unit 7Ðthat portion draining into Kings BayÐ1 bull with spikefork or 50-inch antlers or 3 or more brow tines on Aug. 10±Sept. 20. either antler may be taken by the community of Chenega Bay and also by the community of Tatitlek. Public lands are closed to the taking of moose except by eligible rural residents. Unit 7Ðremainder ...... No open season. Beaver: 1 beaver per day, 1 in possession ...... May 1±Oct. 10. Coyote: No Limit ...... Sept 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Wolf: Unit 7Ðthat portion within the Kenai National Wildlife RefugeÐ2 wolves ...... Aug. 10±Apr. 30. Unit 7ÐRemainderÐ5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Mar. 31.
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Harvest limits Open season
TRAPPING Beaver: 20 beaver per season ...... Nov. 10±Mar. 31. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Jan. 1±Feb. 15. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±May 15. Otter: No limit ...... Nov. 10±Feb. 28. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28
(8) Unit 8. Unit 8 consists of all (i) If you have a trapping license, you operating under a community harvest islands southeast of the centerline of may take beaver with a firearm in Unit system. The designated hunter must Shelikof Strait including Kodiak, 8 from Nov. 10–Apr. 30. obtain a designated hunter permit and Afognak, Whale, Raspberry, Shuyak, (ii) A Federally-qualified subsistence must return a completed harvest report. Spruce, Marmot, Sitkalidak, Amook, user (recipient) may designate another The designated hunter may hunt for any Uganik, and Chirikof Islands, the Trinity Federally-qualified subsistence user to number of recipients but may have no Islands, the Semidi Islands, and other take deer on his or her behalf unless the more than two harvest limits in his/her adjacent islands. recipient is a member of a community possession at any one time.
Harvest limits Open season
HUNTING Brown Bear: 1 bear by Federal registration permit only. Up to 1 permit may be issued in Akiok; up to 1 permit may be Dec. 1±Dec. 15. issued in Karluk; up to 3 permits may be issued in Larsen Bay; up to 2 permits may be issued in Old Harbor; up to Apr. 1±May 15. 2 permits may be issued in Ouzinkie; and up to 2 permits may be issued in Port Lions. Deer: Unit 8Ðthat portion of Kodiak Island north of a line from the head of Settlers Cove to Crescent Lake (57° 52′ N. Aug. 1±Oct. 31. lat., 152° 58′ W. long.), and east of a line from the outlet of Crescent Lake to Mount Ellison Peak and from Mount Ellison Peak to Pokati Point at Whale Passage, and that portion of Kodiak Island east of a line from the mouth of Saltery Creek to the mouth at Elbow Creek, and adjacent small islands in Chiniak BayÐ1 deer; how- ever, antlerless deer may be taken only from Oct. 25±Oct. 31. Unit 8Ðthat portion of Kodiak Island and adjacent islands south and west of a line from the head of Terror Bay Aug. 1±Jan. 31. to the head of the south-western most arm of Ugak BayÐ5 deer; however, antlerless deer may be taken only from Oct. 1±Jan. 31. Unit 8ÐremainderÐ5 deer; however, antlerless deer may be taken only from Oct. 1±Jan. 31; no more than 1 Aug. 1±Jan. 31. antlerless deer may be taken from Oct. 1±Nov. 30. Elk: Afognak Island above mean high tideÐ1 elk per household by Federal registration permit only; only 1 elk in pos- Sept. 1±Nov. 30. session for each two hunters in a party. The season will be closed by announcement of the Refuge Manager, Ko- diak National Wildlife Refuge when the combined Federal/State harvest reaches 15% of the herd. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: 30 beaver per season ...... Nov. 10±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Mar. 31. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Jan. 31.
(9) Unit 9. (i) Unit 9 consists of the and the northern boundary of Katmai (E) Unit 9(E) consists of the remainder Alaska Peninsula and adjacent islands National Park and Preserve; of Unit 9. including drainages east of False Pass, (B) Unit 9(B) consists of the Kvichak (ii) In the following areas, the taking Pacific Ocean drainages west of and River drainage; of wildlife for subsistence uses is excluding the Redoubt Creek drainage; (C) Unit 9(C) consists of the Alagnak prohibited or restricted on public lands: drainages into the south side of Bristol (Branch) River drainage, the Naknek (A) You may not take wildlife for Bay, drainages into the north side of River drainage, and all land and water subsistence uses in Katmai National Bristol Bay east of Etolin Point, and within Katmai National Park and Park; including the Sanak and Shumagin Preserve; (B) You may not use motorized Islands: (D) Unit 9(D) consists of all Alaska vehicles, except aircraft, boats, or Peninsula drainages west of a line from snowmobiles used for hunting and (A) Unit 9(A) consists of that portion the southernmost head of Port Moller to transporting a hunter or harvested of Unit 9 draining into Shelikof Strait the head of American Bay including the animal parts from Aug. 1–Nov. 30 in the and Cook Inlet between the southern Shumagin Islands and other islands of Naknek Controlled Use Area, which boundary of Unit 16 (Redoubt Creek) Unit 9 west of the Shumagin Islands; includes all of Unit 9(C) within the
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Naknek River drainage upstream from issued in a single community; the community harvest system. The and including the King Salmon Creek season will be closed when four females designated hunter must obtain a drainage; however, you may use a or ten bears have been taken, whichever designated hunter permit and must motorized vehicle on the Naknek-King occurs first; return a completed harvest report and Salmon, Lake Camp, and Rapids Camp (C) Residents of Newhalen, turn over all meat to the recipient. There roads and on the King Salmon Creek Nondalton, Iliamna, Pedro Bay, and Port is no restriction on the number of trail, and on frozen surfaces of the Alsworth may take up to a total of 10 possession limits the designated hunter Naknek River and Big Creek. bull moose in Unit 9(B) for ceremonial may have in his/her possession at any (iii) Unit-specific regulations: purposes, under the terms of a Federal one time; (A) If you have a trapping license, you registration permit from July 1 through (E) For Unit 9(D), a Federally- may use a firearm to take beaver in Unit June 30. Permits will be issued to qualified subsistence user (recipient) 9(B) from April 1–May 31 and in the individuals only at the request of a local may designate another Federally- remainder of Unit 9 from April 1–April organization. This 10 moose limit is not qualified subsistence user to take 30; cumulative with that permitted for caribou on his or her behalf unless the (B) In Unit 9(B), Lake Clark National potlatches by the State; recipient is a member of a community Park and Preserve, residents of (D) For Units 9(C) and (E) only, a operating under a community harvest Nondalton, Iliamna, Newhalen, Pedro Federally-qualified subsistence user system. The designated hunter must Bay, and Port Alsworth, may hunt (recipient) of Units 9(C) and (E) may obtain a designated hunter permit and brown bear by Federal registration designate another Federally-qualified must return a completed harvest report. permit in lieu of a resident tag; ten subsistence user of Units 9(C) and (E) to The designated hunter may hunt for any permits will be available with at least take bull caribou on his or her behalf number of recipients but may have no one permit issued in each community unless the recipient is a member of a more than four harvest limits in his/her but no more than five permits will be community operating under a possession at any one time.
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 9(B)ÐLake Clark National Park and PreserveÐRural residents of Nondalton, Iliamna, Newhalen, Pedro July 1±June 30. Bay, and Port Alsworth onlyÐ1 bear by Federal registration permit only. Unit 9(B), remainderÐ1 bear by State registration permit only ...... Sept. 1±May 31. Unit 9(E)Ð1 bear by Federal registration permit ...... Oct. 1±Dec. 31. May 10±May 25. Caribou: Unit 9(A)Ð4 caribou; however, no more than 2 caribou may be taken Aug. 10±Sept. 30 and no more than 1 car- Aug. 10±Mar. 31. ibou may be taken Oct. 1±Nov. 30. Unit 9(C), that portion within the Alagnak River drainageÐ1 caribou ...... Aug. 1±Mar. 31. Unit 9(C), remainderÐ1 bull by Federal registration permit or State Tier II permit. Federal public lands are closed Aug. 10±Sept. 20. to the taking of caribou except by residents of Units 9(C) and (E). Nov. 15±Feb. 28. Unit 9(B)Ð5 caribou; however, no more than 2 bulls may be taken from Oct. 1±Nov. 30...... Aug. 1±Apr. 15. Unit 9(D)Ð1 caribou by Federal registration permit ...... Aug. 1±Sept. 25. Nov. 15±Mar. 31. Unit 9(E)Ð1 bull by Federal registration permit or State Tier II permit. Federal public lands are closed to the tak- >Aug. 10±Sept. 20. ing of caribou except by residents of Units 9(C) and (E). Nov. 1±Apr. 30. Sheep: Unit 9(B)ÐResidents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port Alsworth onlyÐ1 ram with 7/8 curl Aug. 10±Oct. 10. horn by Federal registration permit only. Remainder of Unit 9Ð1 ram with 7/8 curl horn ...... Aug. 10±Sept. 20. Moose: Unit 9(A)Ð1 bull ...... Sept. 1±Sept. 15. Unit 9(B)Ð1 bull ...... Aug. 20±Sept. 15. Dec. 1±Jan. 15. Unit 9(C)Ðthat portion draining into the Naknek River from the northÐ1 bull ...... Sept. 1±Sept. 15. Dec. 1±Dec. 31. Unit 9(C)Ðthat portion draining into the Naknek River from the southÐ1 bull. However, during the period Aug. Aug. 20±Sept. 15. 20ÐAug. 31, bull moose may be taken by Federal registration permit only. During the December hunt, Dec. 1±Dec. 31. antlerless moose may be taken by Federal registration permit only. The antlerless season will be closed when 5 antlerless moose have been taken. Public lands are closed during December for the hunting of moose, ex- cept by eligible rural Alaska residents. Unit 9(C)ÐremainderÐ1 moose; however, antlerless moose may be taken only from Dec. 1±Dec. 31 ...... Sept. 1±Sept. 15. Dec. 1±Dec. 31. Unit 9(E)Ð1 bull ...... Aug. 20±Sept. 20. Dec. 1±Jan. 20. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White): No limit ...... Dec. 1±Mar. 15. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 10±Feb. 28. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30.
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Harvest limits Open season
TRAPPING Beaver: Unit 9(B), (C), and (E)Ð40 beaver per season; however, no more than 20 may be taken between Apr. 1±May 31 Nov. 10±May 31. Unit 9ÐremainderÐ40 beaver per season; however, no more than 20 may be taken between Apr. 1±Apr. 30 ..... Jan. 1±Apr. 30. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Arctic (Blue and White): No limit ...... Nov. 10±Feb. 28. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Nov. 10±Feb. 28. Marten: No limit ...... Nov. 10±Feb. 28. Mink and Weasel: No limit ...... Nov. 10±Feb. 28. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.
(10) Unit 10. (i) Unit 10 consists of the (recipient) may designate another designated hunter permit and must Aleutian Islands, Unimak Island, and Federally-qualified subsistence user to return a completed harvest report. The the Pribilof Islands. take caribou on his or her behalf unless designated hunter may hunt for any (ii) You may not take any wildlife the recipient is a member of a number of recipients but may have no species for subsistence uses on Otter community operating under a more than four harvest limits in his/her Island in the Pribilof Islands. community harvest system. The possession at any one time. (iii) In Unit 10—Unimak Island only, designated hunter must obtain a a Federally-qualified subsistence user
Harvest limits Open season
HUNTING Caribou: Unit 10ÐUnimak Island onlyÐ2 caribou by Federal registration permit only ...... Aug. 1±Sept. 25. Nov. 15±Mar. 31. Unit 10ÐremainderÐNo limit ...... July 1±June 30. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... July 1±June 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30 Wolf: 5 wolves ...... Aug. 10±Apr. 30 Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... July 1±June 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 10±Feb. 28. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.
(11) Unit 11. Unit 11 consists of that (A) You may use bait to hunt black must return a completed harvest report. area draining into the headwaters of the bear between April 15 and June 15; The designated hunter may hunt for any Copper River south of Suslota Creek and (B) A Federally-qualified subsistence number of recipients but may have no the area drained by all tributaries into user (recipient) may designate another more than two harvest limits in his/her the east bank of the Copper River Federally-qualified subsistence user to possession at any one time. between the confluence of Suslota Creek take caribou and moose on his or her (ii) [Reserved] with the Slana River and Miles Glacier. behalf. The designated hunter must (i) Unit-specific regulations: obtain a designated hunter permit and
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 11Ð1 bear ...... Sept. 1±May 31. Caribou: Unit 11 ...... No open season. Sheep: 1 sheep ...... Aug. 10±Sept. 20. 1 sheep by Federal registration permit only by persons 60 years of age or older ...... Sept. 21±Oct. 20.
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Harvest limits Open season
Goat: Unit 11Ðthat portion within the Wrangell-St. Elias National Park and PreserveÐ1 goat by Federal registration Aug. 25±Dec. 31. permit only. Federal public lands will be closed to the harvest of goats when a total of 45 goats have been har- vested between Federal and State hunts. Moose: 1 antlered bull by Federal registration permit only ...... Aug. 20±Sept. 20. Beaver: 1 beaver per day, 1 in possession ...... June 1±Oct. 10. Coyote: 10 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Dec. 15±Jan. 15. Wolf: 10 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Jan. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Mar. 31. TRAPPING Beaver: 30 beaver per season ...... Nov. 10±Apr. 30. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Nov. 10±Feb. 28. Mink and Weasel: No limit ...... Nov. 10±Feb. 28. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Jan. 31.
(12) Unit 12. Unit 12 consists of the (A) You may use bait to hunt black take caribou and moose on his or her Tanana River drainage upstream from bear between April 15 and June 30; behalf. The designated hunter must the Robertson River, including all (B) You may not use a steel trap, or obtain a designated hunter permit and drainages into the east bank of the a snare using cable smaller than 3⁄32 must return a completed harvest report. Robertson River, and the White River inch diameter to trap wolves in Unit 12 The designated hunter may hunt for any drainage in Alaska, but excluding the during April and October; number of recipients but may have no Ladue River drainage. (C) A Federally-qualified subsistence more than two harvest limits in his/her user (recipient) may designate another possession at any one time. (i) Unit-specific regulations: Federally-qualified subsistence user to (ii) [Reserved]
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: 1 bear ...... Aug. 10±June 30. Caribou: Unit 12Ðthat portion of the Nabesna River drainage within the Wrangell-St. Elias National Park and Preserve No open season. and all Federal lands south of the Winter Trail running southeast from Pickerel Lake to the Canadian borderÐ The taking of caribou is prohibited on Federal public lands. Unit 12ÐremainderÐ1 bull ...... Sept. 1±Sept. 20. Unit 12ÐremainderÐ1 caribou may be taken by a Federal registration permit during a winter season to be an- Winter season to be an- nounced. Dates for a winter season to occur between Oct. 1 and Apr. 30 and sex of animal to be taken will be nounced. announced by Tetlin National Wildlife Refuge Manager in consultation with Wrangell-St. Elias National Park and Preserve Superintendent, Alaska Department of Fish and Game area biologists, and Chairs of the Eastern Interior Regional Advisory Council and Upper Tanana/Fortymile Fish and Game Advisory Committee. Sheep: 1 ram with full curl horn or larger ...... Aug. 10±Sept. 20. Moose: Unit 12Ðthat portion within the Tetlin National Wildlife Refuge and those lands within the Wrangell-St. Elias Na- Aug. 15±Aug. 28. tional Preserve north and east of a line formed by the Pickerel Lake Winter Trail from the Canadian border to Sept. 1±Sept. 15. the southern boundary of the Tetlin National Wildlife RefugeÐ1 antlered bull; however during the Aug. 15± Nov. 20±Nov. 30. Aug. 28 season only bulls with spike/fork antlers may be taken. The November season is open by Federal reg- istration permit only. Unit 12Ðthat portion lying east of the Nabesna River and Nabesna Glacier and south of the Winter Trail running Aug. 15±Aug. 28. southeast from Pickerel Lake to the Canadian borderÐ1 antlered bull; however during the Aug. 15±Aug. 28 Sept. 1±Sept. 30. season only bulls with spike/fork antlers may be taken. Unit 12ÐremainderÐ1 antlered bull; however during the Aug. 15±Aug. 28 season only bulls with spike/fork ant- lers may be taken. Aug. 15±Aug. 28. Sept. 1±Sept. 15. Coyote: 10 coyotes; however, no more than 2 coyotes may be taken before October 1 ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1±Mar. 15. Oct. 1. Hare (Snowshoe and Tundra): No limit. July 1±June 30. Lynx: 2 lynx ...... Nov. 1±Mar. 15. Wolf: 10 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31
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Harvest limits Open season
Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: 15 beaver per season ...... Nov. 1±Apr. 15. Coyote: No limit ...... Oct. 15±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Sept. 20±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Oct. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Feb. 28.
(13) Unit 13. (i) Unit 13 consists of unnamed stream into the Tyone River, Delta River, then west to vertical angle that area westerly of the east bank of the then down the Tyone River to the bench mark Miller, then west to include Copper River and drained by all Susitna River, then down the southern all drainages of Augustana Creek and tributaries into the west bank of the bank of the Susitna River to the mouth Black Rapids Glacier, then north and Copper River from Miles Glacier and of Kosina Creek, then up Kosina Creek east to include all drainages of including the Slana River drainages to its headwaters, then across the divide McGinnis Creek to its confluence with north of Suslota Creek; the drainages and down Aspen Creek to the Talkeetna the Delta River, then east in a straight into the Delta River upstream from Falls River, then southerly along the line across the Delta River to Mile 236.7 Creek and Black Rapids Glacier; the boundary of Unit 13 to the Chickaloon Richardson Highway, then north along drainages into the Nenana River River bridge, the point of beginning; the Richardson Highway to its junction upstream from the southeast corner of (B) Unit 13(B) consists of that portion with the Alaska Highway, then east Denali National Park at Windy; the of Unit 13 bounded by a line beginning along the Alaska Highway to the west drainage into the Susitna River at the confluence of the Copper River bank of the Johnson River, then south upstream from its junction with the and the Gulkana River, then up the east along the west bank of the Johnson Chulitna River; the drainage into the bank of the Copper River to the Gakona River and Johnson Glacier to the head east bank of the Chulitna River River, then up the Gakona River and of the Cantwell Glacier, then west along upstream to its confluence with Gakona Glacier to the boundary of Unit the north bank of the Canwell Glacier Tokositna River; the drainages of the 13, then westerly along the boundary of and Miller Creek to the Delta River; Chulitna River (south of Denali National Unit 13 to the Susitna Glacier, then (C) Except for access and Park) upstream from its confluence with southerly along the west bank of the transportation of harvested wildlife on the Tokositna River; the drainages into Susitna Glacier and the Susitna River to Sourdough and Haggard Creeks, Meiers the north bank of the Tokositna River the Tyone River, then up the Tyone Lake trails, or other trails designated by upstream to the base of the Tokositna River and across the divide to the the Board, you may not use motorized Glacier; the drainages into the Tokositna headwaters of the West Fork of the vehicles for subsistence hunting, is Glacier; the drainages into the east bank Gulkana River, then down the West prohibited in the Sourdough Controlled of the Susitna River between its Fork of the Gulkana River to the Use Area. The Sourdough Controlled confluences with the Talkeetna and confluence of the Gulkana River and the Use Area consists of that portion of Unit Chulitna Rivers; the drainages into the Copper River, the point of beginning; 13(B) bounded by a line beginning at the north bank of the Talkeetna River; the (C) Unit 13(C) consists of that portion confluence of Sourdough Creek and the drainages into the east bank of the of Unit 13 east of the Gakona River and Gulkana River, then northerly along Chickaloon River; the drainages of the Gakona Glacier; Sourdough Creek to the Richardson Matanuska River above its confluence (D) Unit 13(D) consists of that portion Highway at approximately Mile 148, with the Chickaloon River: of Unit 13 south of Unit 13(A); then northerly along the Richardson (A) Unit 13(A) consists of that portion (E) Unit 13(E) consists of the Highway to the Meiers Creek Trail at of Unit 13 bounded by a line beginning remainder of Unit 13. approximately Mile 170, then westerly at the Chickaloon River bridge at Mile (ii) Within the following areas, the along the trail to the Gulkana River, 77.7 on the Glenn Highway, then along taking of wildlife for subsistence uses is then southerly along the east bank of the the Glenn Highway to its junction with prohibited or restricted on public lands: Gulkana River to its confluence with the Richardson Highway, then south (A) You may not take wildlife for Sourdough Creek, the point of along the Richardson Highway to the subsistence uses on lands within Mount beginning. foot of Simpson Hill at Mile 111.5, then McKinley National Park as it existed (iii) Unit-specific regulations: east to the east bank of the Copper prior to December 2, 1980. Subsistence (A) You may use bait to hunt black River, then northerly along the east bank uses as authorized by this paragraph bear between April 15 and June 15; of the Copper River to its junction with (k)(13) are permitted in Denali National (B) A Federally-qualified subsistence the Gulkana River, then northerly along Preserve and lands added to Denali user (recipient) may designate another the west bank of the Gulkana River to National Park on December 2, 1980; Federally-qualified subsistence user to its junction with the West Fork of the (B) You may not use motorized take caribou and moose on his or her Gulkana River, then westerly along the vehicles or pack animals for hunting behalf. The designated hunter must west bank of the West Fork of the from Aug. 5–Aug. 25 in the Delta obtain a designated hunter permit and Gulkana River to its source, an unnamed Controlled Use Area, the boundary of must return a completed harvest report. lake, then across the divide into the which is defined as: a line beginning at The designated hunter may hunt for any Tyone River drainage, down an the confluence of Miller Creek and the number of recipients but may have no
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Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: 1 bear. Bears taken within Denali National Park must be sealed within 5 days of harvest. That portion Aug. 10±May 31. within Denali National Park will be closed by announcement of the Superintendent after 4 bears have been har- vested. Caribou: 2 caribou by Federal registration permit only. Hunting within the Trans-Alaska Oil Pipeline right-of-way is Aug. 10±Sept. 30. prohibited. The right-of-way is identified as the area occupied by the pipeline (buried or above ground) and the Oct. 21±Mar. 31 cleared area 25 feet on either side of the pipeline. Sheep: Unit 13Ðexcluding Unit 13(D) and the Tok Management Area and Delta Controlled Use AreaÐ1 ram with 7/8 Aug. 10±Sept. 20. curl horn. Moose: Unit 13(E)±1 antlered bull moose by Federal registration permit only; only 1 permit will be issued per household Aug. 1±Sept. 20. Unit 13ÐremainderÐ1 antlered bull moose by Federal registration permit only ...... Aug. 1±Sept. 20. Beaver: 1 beaver per day, 1 in possession ...... June 15±Sept. 10. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Dec. 15±Jan. 15. Wolf: 10 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Jan. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Mar. 31. TRAPPING Beaver: No limit ...... Oct. 10±May 15. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Dec. 1±Feb. 15. Marten: Unit 13(A±D)ÐNo limit ...... Nov. 10±Feb. 28. Unit 13ÐremainderÐNo limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Feb. 28. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Oct. 15±Apr. 30. Wolverine: No limit ...... Nov. 10±Jan. 31.
(14) Unit 14. (i) Unit 14 consists of the head of Peters Creek to the head of (A) You may not take wildlife for drainages into the north side of the Chickaloon River, on the east by the subsistence uses in the Fort Richardson Turnagain Arm west of and excluding eastern boundary of Unit 14, and on the and Elmendorf Air Force Base the Portage Creek drainage, drainages south by Cook Inlet, Knik Arm, the Management Areas, consisting of the into Knik Arm excluding drainages of south bank of the Knik River from its Fort Richardson and Elmendorf Military the Chickaloon and Matanuska Rivers in mouth to its junction with Knik Glacier, Reservation; Unit 13, drainages into the north side of across the face of Knik Glacier and along (B) You may not take wildlife for Cook Inlet east of the Susitna River, the north side of Knik Glacier to the drainages into the east bank of the Unit 6 boundary; subsistence uses in the Anchorage Susitna River downstream from the (B) Unit 14(B) consists of that portion Management Area, consisting of all Talkeetna River, and drainages into the of Unit 14 north of Unit 14(A); drainages south of Elmendorf and Fort south bank of the Talkeetna River: (C) Unit 14(C) consists of that portion Richardson military reservations and (A) Unit 14(A) consists of drainages in of Unit 14 south of Unit 14(A). north of and including Rainbow Creek. Unit 14 bounded on the west by the (ii) In the following areas, the taking (iii) Unit-specific regulations: Susitna River, on the north by Willow of wildlife for subsistence uses is Creek, Peters Creek, and by a line from prohibited or restricted on public lands:
Harvest limits Open season
HUNTING Black Bear: Unit 14(C)Ð1 bear ...... July 1±June 30. Beaver: Unit 14(C)Ð1 beaver per day, 1 in possession ...... May 15±Oct. 31. Coyote: Unit 14(C)Ð2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): Unit 14(C)Ð2 foxes ...... Nov. 1±Feb. 15. Hare (Snowshoe and Tundra): Unit 14(C)Ð5 hares per day ...... Sept. 8±Apr. 30. Lynx: Unit 14(C)Ð2 lynx ...... Dec. 15±Jan. 15. Wolf: Unit 14(C)Ð5 wolves ...... Aug. 10±Apr. 30. Wolverine: Unit 14(C)Ð1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): Unit 14(C)Ð5 per day, 10 in possession ...... Sept. 8±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): Unit 14(C)Ð10 per day, 20 in possession ...... Sept. 8±Mar. 31.
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Harvest limits Open season
TRAPPING Beaver: Unit 14(C)Ðthat portion within the drainages of Glacier Creek, Kern Creek, Peterson Creek, the Twentymile Dec. 1±Apr. 15. River and the drainages of Knik River outside Chugach State ParkÐ20 beaver per season. Coyote: Unit 14(C)ÐNo limit ...... Nov. 10±Feb. 28. Fox, Red (including Cross, Black and Silver Phases): Unit 14(C)Ð1 fox ...... Nov. 10±Feb. 28. Lynx: Unit 14(C)ÐNo limit ...... Dec. 15±Jan. 15. Marten: Unit 14(C)ÐNo limit ...... Nov. 10±Jan. 31. Mink and Weasel: Unit 14(C)ÐNo limit ...... Nov. 10±Jan. 31. Muskrat: Unit 14(C)ÐNo limit ...... Nov. 10±May 15. Otter: Unit 14(C)ÐNo limit ...... Nov. 10±Feb. 28. Wolf: Unit 14(C)ÐNo limit ...... Nov. 10±Feb. 28 Wolverine: Unit 14(C)ÐNo limit ...... Nov. 10±Feb. 28.
(15) Unit 15. (i) Unit 15 consists of (C) Unit 15(C) consists of the (A) You may use bait to hunt black that portion of the Kenai Peninsula and remainder of Unit 15. bear between April 15 and June 15; adjacent islands draining into the Gulf (ii) You may not take wildlife, except (B) You may not trap furbearers for of Alaska, Cook Inlet, and Turnagain for grouse, ptarmigan, and hares that subsistence in the Skilak Loop Wildlife Arm from Gore Point to the point where may be taken only from October 1– Management Area; ° ′ March 1 by bow and arrow only, in the longitude line 150 00 W. crosses the (C) You may not trap marten in that Skilak Loop Management Area, which coastline of Chickaloon Bay in portion of Unit 15(B) east of the Kenai consists of that portion of Unit 15(A) Turnagain Arm, including that area River, Skilak Lake, Skilak River, and ° ′ bounded by a line beginning at the lying west of longitude line 150 00 W. Skilak Glacier; to the mouth of the Russian River, then eastern most junction of the Sterling southerly along the Chugach National Highway and the Skilak Loop (milepost (D) You may not take red fox in Unit Forest boundary to the upper end of 76.3), then due south to the south bank 15 by any means other than a steel trap Upper Russian Lake; and including the of the Kenai River, then southerly along or snare; drainages into Upper Russian Lake west the south bank of the Kenai River to its (E) A Federally-qualified subsistence of the Chugach National Forest confluence with Skilak Lake, then user (recipient) may designate another boundary: westerly along the north shore of Skilak Federally-qualified subsistence user to (A) Unit 15(A) consists of that portion Lake to Lower Skilak Lake Campground, take moose on his or her behalf. The of Unit 15 north of the Kenai River and then northerly along the Lower Skilak designated hunter must obtain a Skilak Lake; Lake Campground Road and the Skilak designated hunter permit and must (B) Unit 15(B) consists of that portion Loop Road to its western most junction return a completed harvest report. The of Unit 15 south of the Kenai River and with the Sterling Highway, then easterly designated hunter may hunt for any Skilak Lake, and north of the Kasilof along the Sterling Highway to the point number of recipients but may have no River, Tustumena Lake, Glacier Creek, of beginning. more than two harvest limits in his/her and Tustumena Glacier; (iii) Unit-specific regulations: possession at any one time.
Harvest limits Open season
HUNTING Black Bear: Unit 15(C)Ð3 bears ...... July 1±June 30. Unit 15Ðremainder ...... No open season. Moose: Unit 15(A)Ðexcluding the Skilak Loop Wildlife Management Area.Ð1 antlered bull with spike-fork or 50-inch ant- Aug. 18±Sept. 20. lers or with 3 or more brow tines on either antler, by Federal registration permit only. Unit 15(A)ÐSkilak Loop Wildlife Management Area ...... No open season. Unit 15(B) and (C)Ð1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow tines on either ant- Aug. 10±Sept. 20. ler, by Federal registration permit only. Coyote: No limit ...... Sept. 1±Apr. 30. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Wolf: Unit 15Ðthat portion within the Kenai National Wildlife RefugeÐ2 Wolves ...... Aug. 10±Apr. 30. Unit 15ÐremainderÐ5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 Wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Grouse (Ruffed) ...... No open season. Ptarmigan (Rock, Willow, and White-tailed): Unit 15(A) and (B)Ð20 per day, 40 in possession ...... Aug. 10±Mar. 31. Unit 15(C)Ð20 per day, 40 in possession ...... Aug. 10±Dec. 31. Unit 15(C)Ð5 per day, 10 in possession ...... Jan. 1±Mar. 31. TRAPPING Beaver: 20 Beaver per season ...... Nov. 10±Mar. 31. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): 1 Fox ...... Nov. 10±Feb. 28. Lynx: No limit ...... Jan. 1±Feb. 15. Marten: Unit 15(B)Ðthat portion east of the Kenai River, Skilak Lake, Skilak River, and Skilak Glacier ...... No open season.
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Harvest limits Open season
Remainder of Unit 15ÐNo limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±May 15. Otter: Unit 15ÐNo limit ...... Nov. 10±Feb. 28. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: Unit 15(B) and (C)ÐNo limit ...... Nov. 10±Feb. 28.
(16) Unit 16. (i) Unit 16 consists of the Tokositna River upstream to the base of (ii) You may not take wildlife for drainages into Cook Inlet between the Tokositna Glacier, including the subsistence uses in the Mount McKinley Redoubt Creek and the Susitna River, drainage of the Kahiltna Glacier: National Park, as it existed prior to including Redoubt Creek drainage, (A) Unit 16(A) consists of that portion December 2, 1980. Subsistence uses as Kalgin Island, and the drainages on the of Unit 16 east of the east bank of the authorized by this paragraph (k)(16) are west side of the Susitna River (including permitted in Denali National Preserve Yentna River from its mouth upstream the Susitna River) upstream to its and lands added to Denali National Park to the Kahiltna River, east of the east confluence with the Chulitna River; the on December 2, 1980. drainages into the west side of the bank of the Kahiltna River, and east of (iii) Unit-specific regulations: Chulitna River (including the Chulitna the Kahiltna Glacier; (A) You may use bait to hunt black River) upstream to the Tokositna River, (B) Unit 16(B) consists of the bear between April 15 and June 15. and drainages into the south side of the remainder of Unit 16. (B) [Reserved]
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Caribou: 1 caribou ...... Aug. 10±Oct. 31. Moose: Unit 16(B)ÐRedoubt Bay Drainages south and west of, and including the Kustatan River drainageÐ1 antlered Sept. 1±Sept. 15. bull. Unit 16(B)ÐremainderÐ1 moose; however, antlerless moose may be taken only from Sept. 25±Sept. 30 and Sept. 1±Sept. 30. from Dec. 1±Feb. 28 by Federal registration permit only. Dec. 1±Feb. 28. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Dec. 15±Jan. 15. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Mar. 31. TRAPPING Beaver: No limit ...... Oct. 10±May 15. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Feb. 28. Lynx: No limit ...... Dec. 15±Jan. 15. Marten: No limit ...... Nov. 10±Jan. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.
(17) Unit 17. (i) Unit 17 consists of drainage upstream from the outlet of (B) You may hunt brown bear by State drainages into Bristol Bay and the Lake Beverley; registration permit in lieu of a resident Bering Sea between Etolin Point and (C) Unit 17(C) consists of the tag in the Western Alaska Brown Bear Cape Newenham, and all islands remainder of Unit 17. Management Area which consists of between these points including (ii) In the following areas, the taking Unit 17(A), that portion of 17(B) Hagemeister Island and the Walrus of wildlife for subsistence uses is draining into Nuyakuk Lake and Islands: prohibited or restricted on public lands: Tikchik Lake, Unit 18, and that portion (A) Except for aircraft and boats and (A) Unit 17(A) consists of the of Unit 19(A) and (B) downstream of in legal hunting camps, you may not use and including the Aniak River drainage, drainages between Cape Newenham and any motorized vehicle for hunting Cape Constantine, and Hagemeister if you have obtained a State registration ungulates, bears, wolves, and wolverine, permit prior to hunting. Island and the Walrus Islands; including transportation of hunters and (iii) Unit-specific regulations: (B) Unit 17(B) consists of the parts of ungulates, bear, wolves, or Nushagak River drainage upstream wolverine in the Upper Mulchatna (A) You may use bait to hunt black from, and including the Mulchatna Controlled Use Area consisting of Unit bear between April 15 and June 15. River drainage, and the Wood River 17(B), from Aug. 1–Nov. 1; (B) [Reserved]
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Harvest limits Open season
HUNTING Black Bear: 2 bears ...... Aug. 1±May 31. Brown Bear: Unit 17Ð1 bear by State registration permit only ...... Sept. 1±May 31. Caribou: Unit 17(A) and (C)Ðthat portion of 17(A) and (C) consisting of the Nushagak Peninsula south of the Igushik Aug. 1ÐSept. 30. River, Tuklung River and Tuklung Hills, west to Tvativak BayÐ2 caribou by Federal registration permit. Public Dec. 1±Mar. 31. lands are closed to the taking of caribou except by the residents of Togiak, Twin Hills, Manokotak, Aleknagik, Dillingham, Clark's Point, and Ekuk during seasons identified above. Unit 17(B) and (C)Ðthat portion of 17(C) east of the Wood River and Wood River LakesÐ5 caribou; however, Aug. 1±Apr. 15. no more than 2 bulls may be taken from Oct. 1±Nov. 30. Unit 17(A)Ðremainder and 17(C)ÐremainderÐselected drainages; a harvest limit of up to 5 caribou will be de- Season to occur be- termined at the time the season is announced. tween Aug. 1±Mar. 31, harvest limit, and hunt area to be announced by the Togiak National Wildlife Refuge Man- ager. Sheep: 1 ram with full curl horn or larger ...... Aug. 10±Sept. 20. Moose: Unit 17(A) ...... No open season. Unit 17(B)Ðthat portion that includes all the Mulchatna River drainage upstream from and including the Aug. 20±Sept. 15. Chilchitna River drainageÐ1 bull by State registration permit only during the period Aug. 20±Aug. 31. During the period Sept. 1±Sept. 15 only a spike/fork bull or a bull with 50-inch antlers or with 3 or more brow tines on one side may be taken with a State harvest ticket. Unit 17(C)Ðthat portion that includes the Iowithla drainage and Sunshine Valley and all lands west of Wood Aug. 20±Sept. 15. River and south of Aleknagik LakeÐ1 bull by State registration permit only during the period Aug. 20±Aug. 31. During the period Sept. 1±Sept. 15 only a spike/fork bull or a bull with 50-inch antlers or with 3 or more brow tines on one side may be taken with a State harvest ticket. Unit 17(B)Ðremainder and 17(C)ÐremainderÐ1 bull by State registration permit only during the periods Aug. Aug. 20±Sept. 15. 20±Aug. 31 and Dec. 1±Dec. 31. During the period Sept. 1±Sept. 15 only a spike/fork bull or a bull with 50- Dec. 1±Dec. 31. inch antlers or with 3 or more brow tines on one side may be taken with a State harvest ticket. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... Dec. 1±Mar. 15. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1±Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 10±Feb. 28. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: Unit 17Ð40 beaver per season ...... Nov. 10±Mar. 31. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Mar. 31. Lynx: No limit ...... Nov. 10±Mar. 31. Marten: No limit ...... Nov. 10±Feb. 28. Mink and Weasel: No limit ...... Nov. 10±Feb. 28. Muskrat: 2 muskrats ...... Nov. 10±Feb. 28. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Feb. 28.
(18) Unit 18. (i) Unit 18 consists of Unit 18 bounded by a line from Lower within the Area and points outside the that area draining into the Yukon and Kalskag on the Kuskokwim River, Area; Kuskokwim Rivers downstream from a northwesterly to Russian Mission on the (B) You may hunt brown bear by State straight line drawn between Lower Yukon River, then east along the north registration permit in lieu of a resident Kalskag and Paimiut and the drainages bank of the Yukon River to the old site tag in the Western Alaska Brown Bear flowing into the Bering Sea from Cape of Paimiut, then back to Lower Kalskag, Management Area which consists of Newenham on the south to and you may not use aircraft for hunting any Unit 17(A), that portion of 17(B) including the Pastolik River drainage on ungulate, bear, wolf, or wolverine, the north; Nunivak, St. Matthew, and draining into Nuyakuk Lake and including the transportation of any Tikchik Lake, Unit 18, and that portion adjacent islands between Cape hunter and ungulate, bear, wolf, or of Unit 19(A) and (B) downstream of Newenham and the Pastolik River. wolverine part; however, this does not and including the Aniak River drainage, (ii) In the following areas, the taking apply to transportation of a hunter or if you have obtained a State registration of wildlife for subsistence uses is ungulate, bear, wolf, or wolverine part permit prior to hunting. prohibited or restricted on public lands: by aircraft between publicly owned (A) In the Kalskag Controlled Use airports in the Controlled Use Area or (iii) Unit-specific regulations: Area which consists of that portion of between a publicly owned airport
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(A) If you have a trapping license, you take caribou south of the Yukon River but may have no more than two harvest may use a firearm to take beaver in Unit on his or her behalf. The designated limits in his/her possession at any one 18 from Apr. 1–Jun. 10; hunter must obtain a designated hunter time; (B) A Federally-qualified subsistence permit and must return a completed (C) You may take caribou from a boat user (recipient) may designate another harvest report. The designated hunter moving under power in Unit 18. Federally-qualified subsistence user to may hunt for any number of recipients
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: 1 bear by State registration permit only ...... Sept. 1±May 31. Caribou: Unit 18Ðthat portion south of the Yukon RiverÐA harvest limit of up to 5 caribou will be determined at the time Season to occur be- the season is announced and will be based on the management objectives in the ``Qavilnguut (Kilbuck) Car- tween Aug. 25 and ibou Herd Cooperative Management Plan.'' The season will be closed when the total harvest reaches guide- Mar. 31 to be an- lines as described in the approved ``Qavilnguut (Kilbuck) Caribou Herd Cooperative Management Plan.''. nounced by the Yukon Delta National Wildlife Refuge Manager. Unit 18Ðthat portion north of the Yukon RiverÐ5 caribou per day ...... Aug. 1±Mar. 31. Moose: Unit 18Ðthat portion north and west of a line from Cape Romanzof to Kuzilvak Mountain, and then to Mountain Sept. 5±Sept. 25. Village, and west of, but not including, the Andreafsky River drainageÐ1 antlered bull. Unit 18Ðsouth of and including the Kanektok River drainages ...... No open season. Unit 18ÐKuskokwim River drainageÐ1 antlered bull. A 10-day hunt to occur between Dec. 1 and Feb. 28 (1 Aug. 25±Sept. 25. bull, evidence of sex required) will be opened by announcement. Winter season to be an- nounced. Unit 18ÐremainderÐ1 antlered bull. A 10-day hunt to occur between Dec. 1 and Feb. 28 (1 bull, evidence of Sept. 1±Sept. 30. sex required) will be opened by announcement. Winter season to be an- nounced Public lands in Unit 18 are closed to the hunting of moose, except by Federally-qualified rural Alaska residents during seasons identified above. Beaver: No limit ...... July 1±June 30. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1±Mar. 15. Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 10±Mar. 31. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±May 30. TRAPPING Beaver: No limit ...... July 1±June 30. Coyote: No limit ...... Nov. 10±Mar. 31. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 10±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10±Mar. 31. Lynx: No limit ...... Nov. 10±Mar. 31. Marten: No limit ...... Nov. 10±Mar. 31. Mink and Weasel: No limit ...... Nov. 10±Jan. 31. Muskrat: No limit ...... Nov. 10±June 10. Otter: No limit ...... Nov. 10±Mar. 31. Wolf: No limit ...... Nov. 10±Mar. 31. Wolverine: No limit ...... Nov. 10±Mar. 31.
(19) Unit 19. (i) Unit 19 consists of the from and including the Bakbuk Creek including the Big River drainage Kuskokwim River drainage upstream drainage, that area south of a line from upstream from that line, and including from a straight line drawn between the mouth of Bakbuk Creek to the radar the Swift River drainage upstream from Lower Kalskag and Piamiut: dome at Sparrevohn Air Force Base, and including the North Fork drainage; (A) Unit 19(A) consists of the including the Hoholitna River drainage (D) Unit 19(D) consists of the Kuskokwim River drainage downstream upstream from that line, and the Stony remainder of Unit 19. from and including the Moose Creek River drainage upstream from and (ii) In the following areas, the taking drainage on the north bank and including the Can Creek drainage; of wildlife for subsistence uses is downstream from and including the (C) Unit 19(C) consists of that portion prohibited or restricted on public land: Stony River drainage on the south bank, of Unit 19 south and east of a line from (A) You may not take wildlife for excluding Unit 19(B); Benchmark M#1.26 (approximately 1.26 subsistence uses on lands within Mount (B) Unit 19(B) consists of the Aniak miles south of the northwest corner of McKinley National Park as it existed River drainage upstream from and the original Mt. McKinley National Park prior to December 2, 1980. Subsistence including the Salmon River drainage, boundary) to the peak of Lone uses as authorized by this paragraph the Holitna River drainage upstream Mountain, then due west to Big River, (k)(19) are permitted in Denali National
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Preserve and lands added to Denali then north along the crest of Munsatli airport within the area and points National Park on December 2, 1980; Ridge to elevation 1,610, then northwest outside the area; (B) In the Upper Kuskokwim to Dyckman Mountain and following the (C) You may hunt brown bear by State Controlled Use Area, which consists of crest of the divide between the registration permit in lieu of a resident that portion of Unit 19(D) upstream Kuskokwim River and the Nowitna tag in the Western Alaska Brown Bear from the mouth of Big River including drainage, and the divide between the Management Area, which consists of the drainages of the Big River, Middle Kuskokwim River and the Nixon Fork Unit 17(A), that portion of 17(B) Fork, South Fork, East Fork, and River to Loaf benchmark on Halfway draining into Nuyakuk Lake and Tonzona River, and bounded by a line Mountain, then south to the west side Tikchik Lake, Unit 18, and that portion following the west bank of the Swift of Big River drainage, the point of of Unit 19(A) and (B) downstream of Fork (McKinley Fork) of the Kuskokwim beginning, you may not use aircraft for ° ′ and including the Aniak River drainage, River to 152 50 W. long., then north to hunting moose, including transportation if you have obtained a State registration the boundary of Denali National of any moose hunter or moose part; permit prior to hunting. Preserve, then following the western however, this does not apply to boundary of Denali National Preserve transportation of a moose hunter or (iii) Unit-specific regulations: north to its intersection with the moose part by aircraft between publicly (A) You may use bait to hunt black Minchumina-Telida winter trail, then owned airports in the Controlled Use bear between April 15 and June 30. west to the crest of Telida Mountain, Area, or between a publicly owned (B) [Reserved]
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 19(A) and (B)Ðthose portions which are downstream of and including the Aniak River drainageÐ1 bear by Sept. 1±May 31. State registration permit. Unit 19(A)Ðremainder, 19(B)Ðremainder, and Unit 19(D)Ð1 bear every four regulatory years ...... Sept. 10±May 25. Caribou: Unit 19(A)Ðnorth of Kuskokwim RiverÐ1 caribou ...... Aug. 10±Sept. 30. Nov. 1±Feb. 28. Unit 19(A)Ðsouth of the Kuskokwim River and Unit 19(B) (excluding rural Alaska residents of Lime Village)Ð5 Aug. 1±Apr. 15. caribou. Unit 19(C)Ð1 caribou ...... Aug. 10±Oct. 10. Unit 19(D)Ðsouth and east of the Kuskokwim River and North Fork of the Kuskokwim RiverÐ1 caribou ...... Aug. 10±Sept. 30. Nov. 1±Jan. 31. Unit 19(D)ÐremainderÐ1 caribou ...... Aug. 10±Sept. 30. Unit 19Ðrural Alaska residents domiciled in Lime Village onlyÐno individual harvest limit but a village harvest July 1±June 30. quota of 200 caribou; cows and calves may not be taken from Apr. 1±Aug. 9. Reporting will be by a commu- nity reporting system. Sheep: 1 ram with 7¤8 curl horn or larger ...... Aug. 10±Sept. 20. Moose: Unit 19ÐRural Alaska residents of Lime Village onlyÐno individual harvest limit, but a village harvest quota of July 1±June 30. 40 moose (including those taken under the State Tier II system); either sex. Reporting will be by a community reporting system. Unit 19(A)Ðthat portion north of the Kuskokwim River upstream from, but not including the Kolmakof River drain- Sept. 1±Sept. 20. age and south of the Kuskokwim River upstream from, but not including the Holokuk River drainageÐ1 Nov. 20±Nov. 30. moose; however, antlerless moose may be taken only during the Feb. 1±Feb. 10 season. Jan. 1±Jan. 10. Feb. 1±Feb. 10. Unit 19(A)ÐremainderÐ1 bull ...... Sept. 1±Sept. 20. Nov. 20±Nov. 30. Jan. 1±Jan. 10. Feb. 1±Feb. 10. Unit 19(B)Ð1 antlered bull ...... Sept. 1±Sept. 30. Unit 19(C)Ð1 antlered bull ...... Sept. 1±Oct. 10. Unit 19(C)Ð1 bull by State registration permit ...... Jan. 15±Feb. 15. Unit 19(D)Ðthat portion of the Upper Kuskokwim Controlled Use Area within the North Fork drainage upstream Sept. 1±Sept. 30. from the confluence of the South Fork to the mouth of the Swift ForkÐ1 antlered bull. Unit 19(D)Ðremainder of the Upper Kuskokwim Controlled Use AreaÐ1 bull ...... Sept. 1±Sept. 30. Dec. 1±Feb. 28. Unit 19(D)ÐremainderÐ1 antlered bull ...... Sept. 1±Sept. 30. Dec. 1±Dec. 15. Coyote: 10 coyotes; however, no more than 2 coyotes may be taken before October 1 ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1±Mar. 15. Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 1±Feb. 28. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: No limit ...... Nov. 1±Jun. 10. Coyote: No limit ...... Nov. 1±Mar. 31.
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Harvest limits Open season
Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Mar. 31. Lynx: No limit ...... Nov. 1±Feb. 28. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Mar. 31.
(20) Unit 20. (i) Unit 20 consists of the (k)(20) are permitted in Denali National to Eagle, then west along the cat trail Yukon River drainage upstream from Preserve and lands added to Denali from Eagle to Crooked Creek, then from and including the Tozitna River National Park on December 2, 1980; Crooked Creek southwest along the west drainage to and including the Hamlin (B) You may not use motorized bank of Mogul Creek to its headwaters Creek drainage, drainages into the south vehicles or pack animals for hunting on North Peak, then west across North bank of the Yukon River upstream from from Aug. 5–Aug. 25 in the Delta Peak to the headwaters of Independence and including the Charley River Controlled Use Area, the boundary of Creek, then southwest along the west drainage, the Ladue River and Fortymile which is defined as: a line beginning at bank of Independence Creek to its River drainages, and the Tanana River the confluence of Miller Creek and the confluence with the North Fork of the drainage north of Unit 13 and Delta River, then west to vertical angle Fortymile River, then easterly along the downstream from the east bank of the bench mark Miller, then west to include south bank of the North Fork of the Robertson River: all drainages of Augustana Creek and Fortymile River to its confluence with (A) Unit 20(A) consists of that portion Black Rapids Glacier, then north and Champion Creek, then across the North of Unit 20 bounded on the south by the east to include all drainages of Fork of the Fortymile River to the south Unit 13 boundary, bounded on the east McGinnis Creek to its confluence with bank of Champion Creek and easterly by the west bank of the Delta River, the Delta River, then east in a straight along the south bank of Champion Creek bounded on the north by the north bank line across the Delta River to Mile 236.7 to its confluence with Little Champion of the Tanana River from its confluence Richardson Highway, then north along Creek, then northeast along the east with the Delta River downstream to its the Richardson Highway to its junction bank of Little Champion Creek to its confluence with the Nenana River, and with the Alaska Highway, then east headwaters, then northeasterly in a bounded on the west by the east bank along the Alaska Highway to the west direct line to Mile 140 on the Taylor of the Nenana River; bank of the Johnson River, then south Highway; however, this does not (B) Unit 20(B) consists of drainages along the west bank of the Johnson prohibit motorized access via, or into the north bank of the Tanana River River and Johnson Glacier to the head transportation of harvested wildlife on, from and including Hot Springs Slough of the Canwell Glacier, then west along the Taylor Highway or any airport; upstream to and including the Banner the north bank of the Canwell Glacier (E) You may by permit only hunt Creek drainage; and Miller Creek to the Delta River; moose on the Minto Flats Management (C) Unit 20(C) consists of that portion (C) You may not use firearms or Area, which consists of that portion of of Unit 20 bounded on the east by the motorized vehicles, except aircraft and Unit 20 bounded by the Elliot Highway east bank of the Nenana River and on boats, and licensed highway vehicles, beginning at Mile 118, then the north by the north bank of the snowmobiles in the Dalton Highway northeasterly to Mile 96, then east to the Tanana River downstream from the Corridor Management Area, which Tolovana Hotsprings Dome, then east to Nenana River; consists of those portions of Units 20, the Winter Cat Trail, then along the Cat (D) Unit 20(D) consists of that portion 24, 25, and 26 extending five miles from Trail south to the Old Telegraph Trail at of Unit 20 bounded on the east by the each side of the Dalton Highway from Dunbar, then westerly along the trail to east bank of the Robertson River and on the Yukon River to milepost 300 of the a point where it joins the Tanana River the west by the west bank of the Delta Dalton Highway, except as follows: three miles above Old Minto, then along River, and drainages into the north bank Residents living within the Dalton the north bank of the Tanana River of the Tanana River from its confluence Highway Corridor Management Area (including all channels and sloughs with the Robertson River downstream may use snowmobiles only for the except Swan Neck Slough), to the to, but excluding the Banner Creek subsistence taking of wildlife. You may confluence of the Tanana and Tolovana drainage; use licensed highway vehicles only on Rivers and then northerly to the point (E) Unit 20(E) consists of drainages designated roads within the Dalton of beginning; into the south bank of the Yukon River Highway Corridor Management Area. (F) You may hunt moose by bow and upstream from and including the The residents of Alatna, Allakaket, arrow only in the Fairbanks Charley River drainage, and the Ladue Anaktuvuk Pass, Bettles, Evansville, Management Area, which consists of the River drainage; Stevens Village, and residents living Goldstream subdivision (SE 1⁄4 SE 1⁄4, (F) Unit 20(F) consists of the within the Corridor may use firearms Section 28 and Section 33, Township 2 remainder of Unit 20. within the Corridor is authorized only North, Range 1 West, Fairbanks (ii) In the following areas, the taking for subsistence taking of wildlife; Meridian) and that portion of Unit 20(B) of wildlife for subsistence uses is (D) You may not use any motorized bounded by a line from the confluence prohibited or restricted on public land: vehicle for hunting from August 5– of Rosie Creek and the Tanana River, (A) You may not take wildlife for September 20 in the Glacier Mountain northerly along Rosie Creek to the subsistence uses on lands within Mount Controlled Use Area, which consists of divide between Rosie Creek and Cripple McKinley National Park as it existed that portion of Unit 20(E) bounded by a Creek, then down Cripple Creek to its prior to December 2, 1980. Subsistence line beginning at Mile 140 of the Taylor confluence with Ester Creek, then up uses as authorized by this paragraph Highway, then north along the highway Ester Creek to its confluence with Ready
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Bullion Creek, then up Ready Bullion Chena River to the Moose Creek dike, inch diameter to trap wolves in Unit Creek to the summit of Ester Dome, then then southerly along Moose Creek dike 20(E) during April and October; down Sheep Creek to its confluence to its intersection with the Tanana (C) Residents of Unit 20 and 21 may with Goldstream Creek, then easterly River, and then westerly along the north take up to three moose per regulatory along Goldstream Creek to its bank of the Tanana River to the point of year for the celebration known as the confluence with First Chance Creek, beginning. Nuchalawoyya Potlatch, under the then up First Chance Creek to Tungsten (iii) Unit-specific regulations: terms of a Federal registration permit. Hill, then southerly along Steele Creek Permits will be issued to individuals to its intersection with the Trans-Alaska (A) You may use bait to hunt black only at the request of the Native Village Pipeline, then southerly along the bear between April 15 and June 30; of Tanana. This three moose limit is not pipeline right-of-way to the Chena (B) You may not use a steel trap, or cumulative with that permitted by the River, then along the north bank of the a snare using cable smaller than 3⁄32 State.
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 20(E)Ð1 bear ...... Aug. 10±June 30. Unit 20ÐremainderÐ1 bear every four regulatory years ...... Sept. 1±May 31. Caribou: Unit 20(E)Ð1 bull by joint State/Federal registration permit only. The fall season will close when a combined Aug. 10±Sept. 30. State/Federal harvest of 55 bulls has been reached. The winter season will close when the combined fall and Nov. 15±Feb. 28. winter State/Federal harvest quota of 150 bulls for the Fortymile herd has been reached. The season closures will be announced by the Northern Field Office Manager, Bureau of Land Management after consultation with the National Park Service and Alaska Department of Fish and Game. Unit 20(F)ÐTozitna River drainageÐ1 caribou; however, only bull caribou may be taken Aug. 10±Sept. 30 ...... Aug. 10±Sept. 30. Nov. 26±Dec. 10. Mar. 1±Mar. 15. Unit 20(F)Ðsouth of the Yukon RiverÐ1 caribou ...... Dec. 1±Dec. 31. Remainder of Unit 20(F)Ð1 bull ...... Aug. 10±Sept. 30. Moose: Unit 20(A)Ð1 antlered bull ...... Sept. 1±Sept. 20. Unit 20(B)Ðthat portion within the Minto Flats Management AreaÐ1 bull by Federal registration permit only ...... Sept. 1±Sept. 20. Jan. 10±Feb. 28. Unit 20(B)ÐremainderÐ1 antlered bull ...... Sept. 1±Sept. 20. Unit 20(C)Ðthat portion within Denali National Park and Preserve west of the Toklat River, excluding lands with- Sept. 1±Sept. 30. in Mount McKinley National Park as it existed prior to December 2, 1980Ð1 antlered bull; however, white- Nov. 15±Dec. 15. phased or partial albino (more than 50 percent white) moose may not be taken. Unit 20(C)ÐremainderÐ1 antlered bull; however, white-phased or partial albino (more than 50 percent white) Sept. 1±Sept. 30. moose may not be taken. Unit 20(E)Ðthat portion within Yukon Charley National PreserveÐ1 bull ...... Aug. 20±Sept. 30. Unit 20(E)Ðthat portion drained by the Forty-mile River (all forks) from Mile 91¤2 to Mile 145 Taylor Highway, in- Aug. 20±Aug. 28. cluding the Boundary Cutoff RoadÐ1 antlered bull; however during the period Aug. 20±Aug. 28 only a bull Sept. 1±Sept. 15. with Spike/fork antlers may be taken. Unit 20(F)Ðthat portion within the Dalton Highway Corridor Management AreaÐ1 antlered bull by Federal reg- Sept. 1±Sept. 25. istration permit only. Unit 20(F)ÐremainderÐ1 antlered bull ...... Sept. 1±Sept. 25. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1±Mar. 15. Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: Unit 20(E)Ð2 lynx ...... Nov. 1±Jan. 31. Unit 20ÐremainderÐ2 lynx ...... Dec. 1±Jan. 31. Wolf: 10 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): Unit 20(D)Ðthat portion south of the Tanana River and west of the Johnson RiverÐ15 per day, 30 in posses- Aug. 25±Mar. 31. sion, provided that not more than 5 per day and 10 in possession are sharp-tailed grouse. Unit 20ÐremainderÐ15 per day, 30 in possession ...... Aug. 10±Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): Unit 20Ðthose portions within five miles of Alaska Route 5 (Taylor Highway, both to Eagle and the Alaska-Can- Aug. 10±Mar. 31. ada boundary) and that portion of Alaska Route 4 (Richardson Highway) south of Delta JunctionÐ20 per day, 40 in possession. Unit 20ÐremainderÐ20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: Units 20(A), 20(B), Unit 20(C), and 20(F)ÐNo limit ...... Nov. 1±Apr. 15. Units 20(D) and (E)Ð25 beaver ...... Nov. 1±Apr. 15. Coyote: Unit 20(E)ÐNo limit ...... Oct. 15±Apr. 30. Remainder Unit 20ÐNo limit ...... Nov. 1±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28.
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Harvest limits Open season
Lynx: Unit 20(A), (B), (D), (E), and (C) east of the Teklanika RiverÐNo limit ...... Dec. 1±Feb. 15. Unit 20(F) and the remainder of 20(C)ÐNo limit ...... Nov. 1ÐFeb. 28. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: Unit 20(E)ÐNo limit ...... Sept. 20±June 10. Unit 20ÐremainderÐNo limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: Unit 20(A, B, C, & F)ÐNo limit ...... Nov. 1±Apr. 30. Unit 20(D)ÐNo limit ...... Oct. 15±Apr. 30. Unit 20(E)ÐNo limit ...... Oct. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Feb. 28.
(21) Unit 21. (i) Unit 21 consists of confluences of the Honhosa and Kateel part of moose; however, this does not drainages into the Yukon River Rivers, then northeasterly to the apply to transportation of a moose upstream from Paimiut to, but not confluences of Billy Hawk Creek and hunter or part of moose by aircraft including the Tozitna River drainage on the Huslia River (65° 57′ N. lat., 156° 41′ between publicly owned airports in the the north bank, and to, but not W. long.), then easterly to the south end Controlled Use Area or between a including the Tanana River drainage on of Solsmunket Lake, then east to publicly owned airport within the area the south bank; and excluding the Hughes, then south to Little Indian and points outside the area. Koyukuk River drainage upstream from River, then southwesterly to the crest of (iii) You may hunt brown bear by the Dulbi River drainage: Hochandochtla Mountain, then State registration permit in lieu of a (A) Unit 21(A) consists of the Innoko southwest to the mouth of Cottonwood resident tag in the Northwest Alaska River drainage upstream from and Creek then southwest to Bishop Rock, Brown Bear Management Area, which including the Iditarod River drainage, then westerly along the north bank of consists of Unit 21(D), Unit 22, except and the Nowitna River drainage the Yukon River (including Koyukuk 22(C), those portions of Unit 23, except upstream from the Little Mud River; Island) to the point of beginning, is the Baldwin Peninsula north of the (B) Unit 21(B) consists of the Yukon closed during moose-hunting seasons to Arctic Circle, Unit 24, and Unit 26(A), River drainage upstream from Ruby and the use of aircraft for hunting moose, if you have obtained a State registration east of the Ruby-Poorman Road, including transportation of any moose permit prior to hunting. Aircraft may downstream from and excluding the hunter or moose part; however, this not be used in the Northwest Alaska Tozitna River and Tanana River does not apply to transportation of a Brown Bear Management Area in any drainages, and excluding the Nowitna moose hunter or moose part by aircraft manner for brown bear hunting under River drainage upstream from the Little between publicly owned airports in the the authority of a brown bear State Mud River, and excluding the Melozitna controlled use area or between a registration permit, including River drainage upstream from Grayling publicly owned airport within the area transportation of hunters, bears, or parts Creek; and points outside the area; all hunters of bears; however, this does not apply (C) Unit 21(C) consists of the on the Koyukuk River passing the to transportation of bear hunters or bear Melozitna River drainage upstream from ADF&G operated check station at Ella’s parts by regularly scheduled flights to Grayling Creek, and the Dulbi River Cabin (15 miles upstream from the and between communities by carriers drainage upstream from and including Yukon on the Koyukuk River) are that normally provide scheduled service the Cottonwood Creek drainage; required to stop and report to ADF&G to this area, nor does it apply to (D) Unit 21(D) consists of the Yukon personnel at the check station; transportation of aircraft to or between River drainage from and including the publicly owned airports. Blackburn Creek drainage upstream to (B) The Paradise Controlled Use Area, (iv) Unit-specific regulations: Ruby, including the area west of the which consists of that portion of Unit 21 (A) You may use bait to hunt black Ruby-Poorman Road, excluding the bounded by a line beginning at the old bear between April 15 and June 30; Koyukuk River drainage upstream from village of Paimiut, then north along the (B) If you have a trapping license, you the Dulbi River drainage, and excluding west bank of the Yukon River to may use a firearm to take beaver in Unit the Dulbi River drainage upstream from Paradise, then northwest to the mouth 21(E) from Apr. 1–June 1; Cottonwood Creek; of Stanstrom Creek on the Bonasila (C) The residents of Unit 20 and 21 (E) Unit 21(E) consists of the Yukon River, then northeast to the mouth of the may take up to three moose per River drainage from Paimiut upstream Anvik River, then along the west bank regulatory year for the celebration to, but not including the Blackburn of the Yukon River to the lower end of known as the Nuchalawoyya Potlatch, Creek drainage, and the Innoko River Eagle Island (approximately 45 miles under the terms of a Federal registration drainage downstream from the Iditarod north of Grayling), then to the mouth of permit. Permits will be issued to River drainage. the Iditarod River, then down the east individuals only at the request of the (ii) In the following areas, the taking bank of the Innoko River to its Native Village of Tanana. This three of wildlife for subsistence uses is confluence with Paimiut Slough, then moose limit is not cumulative with that prohibited or restricted on public land: south along the east bank of Paimiut permitted by the State; (A) The Koyukuk Controlled Use Slough to its mouth, and then to the old (D) The residents of Unit 21 may take Area, which consists of those portions village of Paimiut, is closed during up to three moose per regulatory year of Units 21 and 24 bounded by a line moose hunting seasons to the use of for the celebration known as the Kaltag/ from the north bank of the Yukon River aircraft for hunting moose, including Nulato Stickdance, under the terms of a at Koyukuk, then northerly to the transportation of any moose hunter or Federal registration permit. Permits will
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Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 21(D)Ð1 bear by State registration permit only ...... Sept. 1±June 15. Unit 21ÐremainderÐ1 bear every four regulatory years ...... Sept. 1±May 31. Caribou: Unit 21(A)Ð1 caribou ...... Aug. 10±Sept. 30. Dec. 10±Dec. 20. Unit 21(B), (C), and (E)Ð1 caribou ...... Aug. 10±Sept. 30. Unit 21(D)Ðnorth of the Yukon River and east of the Koyukuk River 1 caribou; however, 2 additional caribou Aug. 10±Sept. 30. may be taken during a winter season to be announced. Winter season to be an- nounced. Unit 21(D)ÐremainderÐ5 caribou per day; however, cow caribou may not be taken May 16±June 30 ...... July 1±June 30. Moose: Unit 21(A)Ð1 bull ...... Aug. 20±Sept. 25. Nov. 1±Nov. 30. Unit 21(B) and (C)Ð1 antlered bull ...... Sept. 5±Sept. 25. Unit 21(D)ÐKoyukuk Controlled Use AreaÐ1 moose; however, antlerless moose may be taken only during Aug. Aug. 27±Sept. 20. 27±31 and the February season. During the Aug. 27±Sept. 20 season a State registration permit is required. Winter season to be an- Moose may not be taken within one-half mile of the mainstem Yukon River during the February season. A 10- nounced. day winter hunt to occur between Feb. 1 and Feb. 28 will be opened by announcement of the Koyukuk/ Nowitna National Wildlife Refuge Manager after consultation with the ADF&G area biologist and the Chairs of the Western Interior Regional Advisory Council and Middle Yukon Fish and Game Advisory Committee. Unit 21(D)ÐremainderÐ1 moose; however, antlerless moose may be taken only during Sept. 21±25 and the Sept. 5±Sept. 25. February season. Moose may not be taken within one-half mile of the mainstem Yukon River during the Feb- Winter season to be an- ruary season. A 10-day winter hunt to occur between Feb. 1 and Feb. 28 will be opened by announcement of nounced. the Koyukuk/Nowitna National Wildlife Refuge Manager after consultation with the ADF&G area biologist and the Chairs of the Western Interior Regional Advisory Council and Middle Yukon Fish and Game Advisory Com- mittee. Unit 21(E)Ð1 moose; however, only bulls may be taken from Aug. 20±Sept. 25; moose may not be taken within Aug. 20±Sept. 25. one-half mile of the Innoko or Yukon River during the February season. Feb. 1±Feb. 10. Coyote: 10 coyotes; however, no more than 2 coyotes may be taken before October 1 ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1±Mar. 15. Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 1±Feb. 28. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: No limit ...... Nov. 1±June 10. Coyote: No limit ...... Nov. 1±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28. Lynx: No limit ...... Nov. 1±Feb. 28. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Mar. 31.
(22) Unit 22. (i) Unit 22 consists of the Pastolik River drainage to, and (D) Unit 22(D) consists of that portion Bering Sea, Norton Sound, Bering Strait, including, the Ungalik River drainage, of Unit 22 draining into the Bering Sea Chukchi Sea, and Kotzebue Sound and Stuart and Besboro Islands; north of, but not including, the Tisuk drainages from, but excluding, the (B) Unit 22(B) consists of Norton River to and including Cape York, and Pastolik River drainage in southern Sound drainages from, but excluding, St. Lawrence Island; Norton Sound to, but not including, the the Ungalik River drainage to, and (E) Unit 22(E) consists of Bering Sea, Goodhope River drainage in Southern including, the Topkok Creek drainage; Bering Strait, Chukchi Sea, and Kotzebue Sound, and all adjacent (C) Unit 22(C) consists of Norton Kotzebue Sound drainages from Cape islands in the Bering Sea between the Sound and Bering Sea drainages from, York to, but excluding, the Goodhope mouths of the Goodhope and Pastolik but excluding, the Topkok Creek River drainage, and including Little Rivers: drainage to, and including, the Tisuk Diomede Island and Fairway Rock. (A) Unit 22(A) consists of Norton River drainage, and King and Sledge (ii) You may hunt brown bear by State Sound drainages from, but excluding, Islands; registration permit in lieu of a resident
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Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 22(A)Ð1 bear by State registration permit by residents of Unit 22(A) only ...... Sept. 1±May 31. Unit 22(B)Ð1 bear by State registration permit by residents of Unit 22(B) only ...... Sept. 1±May 31. Unit 22(C) ...... No open season. Unit 22(E)Ð1 bear by State registration permit only ...... Aug. 1±May 31. Unit 22ÐremainderÐ1 bear by State registration permit ...... Sept. 1±May 31. Caribou: Unit 22(A) and (B)Ð5 caribou per day; however, cow caribou may not be taken May 16±June 30 ...... July 1±June 30. Moose: Unit 22(A)Ð1 bull; however, the period of Dec. 1±Jan. 31 is closed to hunting except by residents of Unit 22(A) Aug. 1±Sept. 30. only. Dec. 1±Jan. 31. Unit 22(B)Ð1 bull ...... Aug. 1±Jan. 31. Unit 22(C)Ð1 antlered bull ...... Sept. 1±Sept. 14. Unit 22(D)Ðthat portion within the Kuzitrin River drainageÐ1 antlered bull ...... Aug. 1±Jan. 31. Unit 22(D)ÐremainderÐ1 moose; however, antlerless moose may be taken only from Dec. 1±Dec. 31; no per- Aug. 1±Jan. 31. son may take a cow accompanied by a calf. Unit 22(E)Ð1 moose; no person may take a cow accompanied by a calf ...... Aug. 1±Mar. 31. Muskox: Unit 22(D)Ð1 bull by Federal registration permit or State Tier II permit. Federal public lands are closed to the Aug. 1±Mar. 15. taking of muskox except by Federally-qualified subsistence users. Six Federal permits may be issued in con- junction with the State Tier II hunt; the combined total of Federal and State permits will not exceed 39 permits. Unit 22(E)Ð1 bull by Federal registration permit or State Tier II permit. Federal public lands are closed to the Aug. 1±Mar. 15. taking of muskox except by Federally-qualified subsistence users. Eleven Federal permits may be issued in conjunction with the State Tier II hunt; the combined total of Federal and State permits will not exceed 23 per- mits. Unit 22Ðremainder ...... No open season. Beaver: Unit 22(A), (B), (D), and (E)Ð50 beaver ...... Nov. 1±June 10. Unit 22Ðremainder ...... No open season. Coyote: Federal public lands are closed to the taking of coyotes ...... No open season. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes ...... Nov. 1±Apr. 15. Hare (Snowshoe and Tundra): No limit ...... Sept. 1±Apr. 15. Lynx: 2 lynx ...... Nov. 1±Apr. 15. Marten: Unit 22(A) 22(B)ÐNo limit ...... Nov. 1±Apr. 15. Unit 22Ðremainder ...... No open season. Mink and Weasel: No limit ...... Nov. 1±Jan. 31. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 15. Wolverine: 3 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): Unit 22(A) and 22(B) east of and including the Niukluk River drainageÐ40 per day, 80 in possession ...... Aug. 10±Apr. 30. Unit 22 (E)Ð20 per day, 40 in possession ...... July 15±May 15. Unit 22 RemainderÐ20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: Unit 22(A), (B), (D), and (E)Ð50 beaver ...... Nov. 1±June 10. Unit 22(C) ...... No open season. Coyote: Federal public lands are closed to the taking of coyotes ...... No open season. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1±Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Apr. 15. Lynx: No limit ...... Nov. 1±Apr. 15. Marten: No limit ...... Nov. 1±Apr. 15. Mink and Weasel: No limit ...... Nov. 1±Jan. 31. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15.
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Harvest limits Open season
Wolf: No limit ...... Nov. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Apr. 15.
(23) Unit 23. (i) Unit 23 consists of tag in the Northwest Alaska Brown Bear swimming caribou with a firearm using Kotzebue Sound, Chukchi Sea, and Management Area, which consists of rimfire cartridges; Arctic Ocean drainages from and Unit 22, except 22(C), those portions of (C) If you have a trapping license, you including the Goodhope River drainage Unit 23, except the Baldwin Peninsula may take beaver with a firearm in all of to Cape Lisburne. north of the Arctic Circle, Unit 24, and Unit 23 from Nov. 1–Jun. 10; (ii) In the following areas, the taking Unit 26(A); if you have obtained a State of wildlife for subsistence uses is registration permit prior to hunting. (D) For the Baird and DeLong prohibited or restricted on public land: Aircraft may not be used in the Mountain sheep hunts—A Federally- (A) You may not use aircraft in any Northwest Alaska Brown Bear qualified subsistence user (recipient) manner either for hunting of ungulates, Management Area in any manner for may designate another Federally- bear, wolves, or wolverine, or for brown bear hunting under the authority qualified subsistence user to take sheep transportation of hunters or harvested of a brown bear State registration on his or her behalf unless the recipient species in the Noatak Controlled Use permit, including transportation of is a member of a community operating Area, which consists of that portion of hunters, bears or parts of bears; under a community harvest system. The Unit 23 in a corridor extending five however, this does not apply to designated hunter must obtain a miles on either side of the Noatak River transportation of bear hunters or bear designated hunter permit and must beginning at the mouth of the Noatak parts by regularly scheduled flights to return a completed harvest report. The River, and extending upstream to the and between communities by carriers designated hunter may hunt for any mouth of Sapun Creek, is closed for the that normally provide scheduled service number of recipients but may have no period August 25–September 15. This to this area, nor does it apply to more than two harvest limits in his/her does not apply to the transportation of transportation of aircraft to or between hunters or parts of ungulates, bear, publicly owned airports. possession at any one time; wolves, or wolverine by regularly (iii) Unit-specific regulations: (E) A snowmachine may be used to scheduled flights to communities by (A) You may take caribou from a boat position a hunter to select individual carriers that normally provide moving under power in Unit 23; caribou for harvest provided that the scheduled air service; (B) In addition to other restrictions on animals are not shot from a moving (B) You may hunt brown bear by State method of take found in this snowmachine. registration permit in lieu of a resident § lll.25, you may also take
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 23Ðexcept the Baldwin Peninsula north of the Arctic CircleÐ1 bear by State registration permit ...... Sept. 1±May 31. Unit 23ÐremainderÐ1 bear every four regulatory years ...... Sept. 1±Oct. 10. Apr. 15±May 25. Caribou: 15 caribou per day; however, cow caribou may not be taken May 16±June 30 ...... July 1±June 30. Sheep: Unit 23Ðsouth of Rabbit Creek, Kyak Creek and the Noatak River, and west of the Cutler and Redstone Rivers Aug. 1±Sept. 30. (Baird Mountains)Ð1 ram with full curl or larger horns by Federal registration permit. The Superintendent of The season will be the Western Arctic National Parklands may issue permits for the harvest of up to 20 full curl rams, based on a closed when half of quota to be announced locally after the annual sheep population survey is completed. Federal public lands are the quota has been closed to the taking of sheep except by Federally-qualified subsistence users. harvested. Unit 23Ðsouth of Rabbit Creek, Kyak Creek and the Noatak River, and west of the Cutler and Redstone Rivers Oct. 1±Apr. 1. (Baird Mountains)Ð1 ram with full curl or larger horns by Federal registration permit. The Superintendent of The season will be the Western Arctic National Parklands may issue permits for the harvest of up to 20 full curl rams, based on a closed when the total quota to be announced locally after the annual sheep population survey is completed. Federal public lands are quota of sheep has closed to the taking of sheep except by Federally-qualified subsistence users. been harvested includ- ing those harvested during the Aug. 1± Sept. 30 season. Unit 23Ðnorth of Rabbit Creek, Kyak Creek and the Noatak River, and west of the Aniuk River (DeLong Moun- Aug. 1±Sept. 30. tains)Ð1 ram with full curl or larger horns by Federal registration permit. The Superintendent of the Western The season will be Arctic National Parklands may issue permits for the harvest of up to 10 full curl rams in the DeLong Mountains, closed when half of Units 23 and 26(A), based on a quota to be announced locally after the annual sheep population survey is the quota has been completed. harvested in the DeLong Mountains.
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Harvest limits Open season
Unit 23Ðnorth of Rabbit Creek, Kyak Creek and the Noatak River, and west of the Aniuk River (DeLong Moun- Oct. 1±Apr. 1. tains)Ð1 ram with full curl or larger horns by Federal registration permit. The Superintendent of the Western The season will be Arctic National Parklands may issue permits for the harvest of up to 10 full curl rams in the DeLong Mountains, closed when the total Units 23 and 26(A), based on a quota to be announced locally after the annual sheep population survey is quota of sheep has completed. been harvested in the DeLong Mountains in- cluding those har- vested during the Aug. 1±Sept. 30 season. Unit 23, remainder (Schwatka Mountains)Ð1 ram with 7/8 curl horn or larger ...... Aug. 10±Sept. 20. Unit 23, remainder (Schwatka Mountains)Ð1 sheep ...... Oct. 1±Apr. 30. Moose: Unit 23Ðthat portion north and west of and including the Singoalik River drainage, and all lands draining into the July 1±Mar. 31. Kukpuk and Ipewik RiversÐ1 moose; no person may take a cow accompanied by a calf. Unit 23Ðthat portion lying within the Noatak River drainageÐ1 moose; however, antlerless moose may be taken Aug. 1±Sept. 15. only from Nov. 1±Mar. 31; no person may take a cow accompanied by a calf. Oct. 1±Mar. 31. Unit 23ÐremainderÐ1 moose; no person may take a cow accompanied by a calf ...... Aug. 1±Mar. 31. Muskox: Unit 23Ðsouth of Kotzebue Sound and west of and including the Buckland River drainageÐ1 bull by Federal Aug. 1±Mar. 15. registration permit or State Tier II permit. Federal public lands are closed to the taking of muskox except by Federally-qualified subsistence users. Eight Federal permits may be issued in conjunction with the State Tier II hunt; the combined total of Federal and State permits will not exceed 12 permits. Unit 23Ðremainder ...... No open season. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1±Mar. 15. Oct. 1. Hare: (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Dec. 1±Jan. 15. Wolf: 5 wolves ...... Nov. 10±Mar. 31. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: Unit 23Ðthe Kobuk and Selawik River drainagesÐ50 beaver ...... July 1±June 30. Unit 23ÐremainderÐ30 beaver ...... July 1±June 30. Coyote: No limit ...... Nov. 1±Apr. 15. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1±Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Apr. 15. Lynx: 3 lynx ...... Dec. 1±Jan. 15. Marten: No limit ...... Nov. 1±Apr. 15. Mink and Weasel: No limit ...... Nov. 1±Jan. 31. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Apr. 15.
(24) Unit 24. (i) Unit 24 consists of the use licensed highway vehicles only on then back to the Bettles Field VOR; Koyukuk River drainage upstream from designated roads within the Dalton however, this does not apply to but not including the Dulbi River Highway Corridor Management Area. transportation of a moose hunter or drainage. The residents of Alatna, Allakaket, moose part by aircraft between publicly (ii) In the following areas, the taking Anaktuvuk Pass, Bettles, Evansville, owned airports in the controlled use of wildlife for subsistence uses is Stevens Village, and residents living area or between a publicly owned prohibited or restricted on public land: within the Corridor may use firearms airport within the area and points (A) You may not use firearms or within the Corridor is authorized only outside the area; motorized vehicles, except aircraft and for subsistence taking of wildlife; (C) You may not use aircraft for boats, and licensed highway vehicles, (B) You may not use aircraft for hunting moose, including transportation snowmobiles in the Dalton Highway hunting moose, including transportation of any moose hunter or moose part in Corridor Management Area, which of any moose hunter or moose part in the Koyukuk Controlled Use Area, consists of those portions of Units 20, the Kanuti Controlled Use Area, which which consists of those portions of 24, 25, and 26 extending five miles from consists of that portion of Unit 24 Units 21 and 24 bounded by a line from each side of the Dalton Highway from bounded by a line from the Bettles Field the north bank of the Yukon River at the Yukon River to milepost 300 of the VOR to the east side of Fish Creek Lake, Koyukuk, then northerly to the Dalton Highway, except as follows: to Old Dummy Lake, to the south end confluences of the Honhosa and Kateel Residents living within the Dalton of Lake Todatonten (including all waters Rivers, then northeasterly to the Highway Corridor Management Area of these lakes), to the northernmost confluences of Billy Hawk Creek and may use snowmobiles only for the headwaters of Siruk Creek, to the the Huslia River (65° 57′ N. lat., 156° 41′ subsistence taking of wildlife. You may highest peak of Double Point Mountain, W. long.), then easterly to the south end
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Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 24Ð1 bear by State registration permit ...... Sept. 1±May 31. Caribou: Unit 24Ðthat portion south of the south bank of the Kanuti River, upstream from and including that portion of the Aug. 10±Mar. 31. Kanuti-Kilolitna River drainage, bounded by the southeast bank of the Kodosin-Nolitna Creek, then down- stream along the east bank of the Kanuti-Kilolitna River to its confluence with the Kanuti RiverÐ1 caribou. Remainder of Unit 24Ð5 caribou per day; however, cow caribou may not be taken May 16±June 30 ...... July 1±June 30. Sheep: Unit 24Ð(Anaktuvuk Pass residents only)Ðthat portion within the Gates of the Arctic National ParkÐcommunity July 15±Dec. 31. harvest quota of 60 sheep, no more than 10 of which may be ewes and a daily possession limit of 3 sheep per person no more than 1 of which may be a ewe. Unit 24Ð(excluding Anaktuvuk Pass residents)Ðthat portion within the Gates of the Arctic National ParkÐ3 Aug. 1±Apr. 30. sheep. Unit 24Ðthat portion within the Dalton Highway Corridor Management Area; except, Gates of the Arctic National Aug. 10±Sept. 20. ParkÐ1 ram with 7¤8 curl horn or larger by Federal registration permit only. Unit 24ÐremainderÐ1 ram with 7¤8 curl horn or larger ...... Aug. 10±Sept. 20. Moose: Unit 24Ðthat portion within the Koyukuk Controlled Use AreaÐ1 moose; however, antlerless moose may only be Aug. 27±Sept. 20. taken during the periods of Aug. 27±31, Dec. 1±Dec. 10, and Mar. 1±Mar. 10. During Aug. 27±Sept. 20, a Dec. 1±Dec. 10. State registration permit is required. Mar. 1±Mar. 10. Unit 24Ðthat portion that includes the John River drainage within the Gates of the Arctic National ParkÐ1 Aug. 1±Dec. 31. moose. Unit 24Ðthe Alatna River drainage within the Gates of the Arctic National ParkÐ1 moose; however, antlerless Aug. 25±Dec. 31. moose may be taken only from Sept. 21±Sept. 25 and Mar. 1±Mar. 10. Mar. 1±Mar. 10. Unit 24Ðall drainages to the north of the Koyukuk River upstream from and including the Alatna River to and in- Aug. 25±Sept. 25. cluding the North Fork of the Koyukuk River, except those portions of the John River and the Alatna River Mar. 1±Mar. 10. drainages within the Gates of the Arctic National ParkÐ1 moose; however, antlerless moose may be taken only from Sept. 21±Sept. 25 and Mar. 1±Mar. 10. Unit 24Ðthat portion within the Dalton Highway Corridor Management Area; except, Gates of the Arctic National Aug. 25±Sept. 25. ParkÐ1 antlered bull by Federal registration permit only. Unit 24ÐremainderÐ1 antlered bull. Public lands in the Kanuti Controlled Use Area are closed to taking of Aug. 25±Sept. 25. moose, except by eligible rural Alaska residents. Coyote: 10 coyotes; however, no more than 2 coyotes may be taken before October 1 ...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1±Mar. 15. Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 1±Feb. 28. Wolf: 5 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: No limit ...... Nov. 1±June 10. Coyote: No limit ...... Nov. 1±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28. Lynx: No limit ...... Nov. 1±Feb. 28. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Mar. 31.
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(25) Unit 25. (i) Unit 25 consists of the boats, and licensed highway vehicles, along the divide to the head waters of Yukon River drainage upstream from snowmobiles in the Dalton Highway the most northerly tributary of Red but not including the Hamlin Creek Corridor Management Area, which Sheep Creek then follows southerly drainage, and excluding drainages into consists of those portions of Units 20, along the divide designating the eastern the south bank of the Yukon River 24, 25, and 26 extending five miles from extreme of the Red Sheep Creek upstream from the Charley River: each side of the Dalton Highway from drainage then to the confluence of Red (A) Unit 25(A) consists of the the Yukon River to milepost 300 of the Sheep Creek and the East Fork Hodzana River drainage upstream from Dalton Highway, except as follows: Chandalar River. the Narrows, the Chandalar River Residents living within the Dalton (iii) Unit-specific regulations: drainage upstream from and including Highway Corridor Management Area (A) You may use bait to hunt black the East Fork drainage, the Christian may use snowmobiles only for the bear between April 15 and June 30; River drainage upstream from Christian, subsistence taking of wildlife. You may (B) You may take caribou and moose the Sheenjek River drainage upstream use licensed highway vehicles only on from a boat moving under power in Unit from and including the Thluichohnjik designated roads within the Dalton 25; Creek, the Coleen River drainage, and Highway Corridor Management Area. (C) The taking of bull moose outside the Old Crow River drainage; The residents of Alatna, Allakaket, the seasons provided in this part for (B) Unit 25(B) consists of the Little Anaktuvuk Pass, Bettles, Evansville, food in memorial potlatches and Black River drainage upstream from but Stevens Village, and residents living traditional cultural events is authorized not including the Big Creek drainage, within the Corridor may use firearms in Unit 25(D) west provided that: the Black River drainage upstream from within the Corridor is authorized only (1) The person organizing the and including the Salmon Fork for subsistence taking of wildlife; drainage, the Porcupine River drainage religious ceremony or cultural event upstream from the confluence of the (B) The Arctic Village Sheep contact the Refuge Manager, Yukon Coleen and Porcupine Rivers, and Management Area consists of that Flats National Wildlife Refuge prior to drainages into the north bank of the portion of Unit 25(A) north and west of taking or attempting to take bull moose Yukon River upstream from Circle, Arctic Village, which is bounded on the and provide to the Refuge Manager the including the islands in the Yukon east by the East Fork Chandalar River name of the decedent, the nature of the River; beginning at the confluence of Red ceremony or cultural event, number to (C) Unit 25(C) consists of drainages Sheep Creek and proceeding be taken, the general area in which the into the south bank of the Yukon River southwesterly downstream past Arctic taking will occur; upstream from Circle to the Subunit Village to the confluence with Crow (2) Each person who takes a bull 20(E) boundary, the Birch Creek Nest Creek, continuing up Crow Nest moose under this section must submit a drainage upstream from the Steese Creek, through Portage Lake, to its written report to the Refuge Manager, Highway bridge (milepost 147), the confluence with the Junjik River; then Yukon Flats National Wildlife Refuge Preacher Creek drainage upstream from down the Junjik River past Timber Lake not more than 15 days after the harvest and including the Rock Creek drainage, and a larger tributary, to a major, specifying the harvester’s name and and the Beaver Creek drainage upstream unnamed tributary, northwesterly, for address, and the date(s) and location(s) from and including the Moose Creek approximately 6 miles where the stream of the taking(s); drainage; forks into 2 roughly equal drainages; the (3) No permit or harvest ticket is (D) Unit 25(D) consists of the boundary follows the easternmost fork, required for taking under this section; remainder of Unit 25. proceeding almost due north to the however, the harvester must be an (ii) In the following areas, the taking headwaters and intersects the Alaska rural resident with customary of wildlife for subsistence uses is Continental Divide; the boundary then and traditional use in Unit 25(D) west; prohibited or restricted on public land: follows the Continental Divide easterly, (4) Any moose taken under this (A) You may not use firearms or through Carter Pass, then easterly and provision counts against the annual motorized vehicles, except aircraft and northeasterly approximately 62 miles quota of 60 bulls.
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 25(D)Ð1 bear ...... July 1±June 30. Caribou: Unit 25(C)Ðthat portion south and east of the Steese HighwayÐ1 bull by joint State/Federal registration permit Aug. 10±Sept. 30. only. The fall season will close when a combined State/Federal harvest of 30 bulls has been reached. The Nov. 15±Feb. 28. winter season will close when the combined fall and winter State/Federal harvest quota of 150 bulls for the Fortymile herd has been reached. The season closures will be announced by the Northern Field Office Man- ager, Bureau of Land Management after consultation with the National Park Service and Alaska Department of Fish and Game. 25(C)Ðthat portion north and west of the Steese HighwayÐ1 caribou; however, only bull caribou may be taken Aug. 10±Sept. 20. during the Aug. 10±Sept. 20 season. During the winter season, caribou may be taken only with a Federal reg- Feb. 1±Mar. 31. istration permit. The winter season will be closed by announcement of the Northern Field Office, BLM, when the quota of 30 caribou has been taken. Unit 25(D)Ðthat portion of Unit 25(D) drained by the west fork of the Dall River west of 150°W.long.Ð1 bull ...... Aug. 10±Sept. 30. Dec. 1±Dec. 31. Unit 25(A), (B), and the remainder of Unit 25(D)Ð10 caribou ...... July 1±Apr. 30. Sheep: Unit 25(A)Ðthat portion within the Dalton Highway Corridor Management Area ...... No open season. Units 25(A)ÐArctic Village Sheep Management AreaÐ2 rams by Federal registration permit only. Public lands Aug. 10±Apr. 30. are closed to the taking of sheep except by rural Alaska residents of Arctic Village, Venetie, Fort Yukon, Kaktovik, and Chalkytsik during seasons identified above.
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Harvest limits Open season
Unit 25(A)ÐremainderÐ3 sheep by Federal registration permit only ...... Aug. 10±Apr. 30. Moose: Unit 25(A)Ð1 antlered bull ...... Aug. 25±Sept. 25. Dec. 1±Dec. 10. Unit 25(B)Ðthat portion within Yukon Charley National PreserveÐ1 bull ...... Aug. 20±Sept. 30. Unit 25(B)Ðthat portion within the Porcupine River drainage upstream from, but excluding the Coleen River Aug. 25±Sept. 30. drainageÐ1 antlered bull. Dec. 1±Dec. 10. Unit 25(B)Ðthat portion, other than Yukon Charley National Preserve, draining into the north bank of the Yukon Sept. 5±Sept. 30. River upstream from and including the Kandik River drainage, including the islands in the Yukon RiverÐ1 ant- Dec. 1±Dec. 15. lered bull. Unit 25(B)ÐremainderÐ1 antlered bull ...... Aug. 25±Sept. 25. Dec. 1±Dec. 15. Unit 25(C)Ð1 antlered bull ...... Sept. 1±Sept. 15. Unit 25(D)(West)Ðthat portion lying west of a line extending from the Unit 25(D) boundary on Preacher Creek, Aug. 25±Feb. 28. then downstream along Preacher Creek, Birch Creek and Lower Mouth Birch Creek to the Yukon River, then downstream along the north bank of the Yukon River (including islands) to the confluence of the Hadweenzik River, then upstream along the west bank of the Hadweenzik River to the confluence of Forty and One-Half Mile Creek, then upstream along Forty and One-Half Mile Creek to Nelson Mountain on the Unit 25(D) bound- aryÐ1 bull by a Federal registration permit. Alternate permits allowing for designated hunters are available to qualified applicants who reside in Beaver, Birch Creek, or Stevens Village. A total of 60 permits will be issued (25 to Stevens Village residents, 25 to Beaver residents, and 10 to Birch Creek residents). Moose hunting on public land in this portion of Unit 25(D)(West) is closed at all times except for residents of Beaver, Birch Creek, and Stevens Village during seasons identified above. The moose season will be closed when 60 moose have been harvested in the entirety (from Federal and non-Federal lands) of Unit 25(D)(West). Unit 25(D)ÐremainderÐ1 antlered moose ...... Aug. 25±Sept. 25. Dec. 1±Dec. 20. Beaver: Unit 25, excluding Unit 25(C)Ð1 beaver per day; 1 in possession ...... Apr. 16±Oct. 31. Unit 25(C) ...... No Federal open sea- son. Coyote: 2 coyotes ...... Sept. 1ÐApr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1±Mar. 15. Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: Unit 25(C)Ð2 lynx ...... Dec. 1±Jan. 31. Unit 25ÐremainderÐ2 lynx ...... Nov. 1±Feb. 28. Wolf: Unit 25(A)ÐNo limit ...... Aug. 10±Apr. 30. Remainder of Unit 25Ð10 wolves ...... Aug. 10±Apr. 30. Wolverine: 1 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): Unit 25(C)Ð15 per day, 30 in possession ...... Aug. 10±Mar. 31. Unit 25ÐremainderÐ15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): Unit 25(C)Ðthose portions within 5 miles of Route 6 (Steese Highway)Ð20 per day, 40 in possession ...... Aug. 10±Mar. 31. Unit 25ÐremainderÐ20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Beaver: Unit 25(C)ÐNo limit ...... Nov. 1±Apr. 15. Unit 25ÐremainderÐ50 beaver ...... Nov. 1±Apr. 15. Coyote: No limit ...... Nov. 1±Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Feb. 28. Lynx: No limit ...... Nov. 1±Feb. 28. Marten: No limit ...... Nov. 1±Feb. 28. Mink and Weasel: No limit ...... Nov. 1±Feb. 28. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 30. Wolverine: Unit 25(C)ÐNo limit ...... Nov. 1±Feb. 28. Unit 25ÐremainderÐNo limit ...... Nov. 1±Mar. 31.
(26) Unit 26. (i) Unit 26 consists of drainage and west of the east bank of the west of the west bank of the Marsh Fork Arctic Ocean drainages between Cape Colville River between the mouth of the of the Canning River; Lisburne and the Alaska-Canada border Itkillik River and the Arctic Ocean; (C) Unit 26(C) consists of the including the Firth River drainage (B) Unit 26(B) consists of that portion remainder of Unit 26. within Alaska: of Unit 26 east of Unit 26(A), west of the (ii) In the following areas, the taking (A) Unit 26(A) consists of that portion west bank of the Canning River and of wildlife for subsistence uses is of Unit 26 lying west of the Itkillik River prohibited or restricted on public land:
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(A) You may not use aircraft in any The residents of Alatna, Allakaket, (B) In addition to other restrictions on manner for moose hunting, including Anaktuvuk Pass, Bettles, Evansville, method of take found in this § lll25, transportation of moose hunters or parts Stevens Village, and residents living you may also take swimming caribou of moose from Aug. 1–Aug. 31 and from within the Corridor may use firearms with a firearm using rimfire cartridges; Jan. 1–Mar. 31 in Unit 26(A). No hunter within the Corridor is authorized only (C) In Kaktovik, a Federally-qualified may take or transport a moose, or part for subsistence taking of wildlife; subsistence user (recipient) may of a moose in Unit 26(A) after having (C) You may hunt brown bear by State designate another Federally-qualified been transported by aircraft into the registration permit in lieu of a resident subsistence user to take sheep on his or unit. However, this does not apply to tag in the Northwest Alaska Brown Bear her behalf unless the recipient is a transportation of moose hunters or Management Area, which consists of member of a community operating moose parts by regularly scheduled Unit 22, except 22(C), those portions of under a community harvest system. The flights to and between villages by Unit 23, except the Baldwin Peninsula designated hunter must obtain a carriers that normally provide north of the Arctic Circle, Unit 24, and designated hunter permit and must scheduled service to this area, nor does Unit 26(A), if you have obtained a State return a completed harvest report. The it apply to transportation by aircraft to registration permit prior to hunting. You designated hunter may hunt for any or between publicly owned airports; may not use aircraft in the Northwest number of recipients but may have no (B) You may not use firearms or Alaska Brown Bear Management Area in more than two harvest limits in his/her motorized vehicles, except aircraft and any manner for brown bear hunting possession at any one time; boats, and licensed highway vehicles, under the authority of a brown bear (D) For the DeLong Mountain sheep snowmobiles in the Dalton Highway State registration permit, including hunts—A Federally-qualified Corridor Management Area, which transportation of hunters, bears or parts subsistence user (recipient) may consists of those portions of Units 20, of bears. However, this does not apply designate another Federally-qualified 24, 25, and 26 extending five miles from to transportation of bear hunters or bear subsistence user to take sheep on his or each side of the Dalton Highway from parts by regularly scheduled flights to her behalf unless the recipient is a the Yukon River to milepost 300 of the and between communities by carriers member of a community operating Dalton Highway, except as follows: that normally provide scheduled service under a community harvest system. The Residents living within the Dalton to this area, nor does it apply to designated hunter must obtain a Highway Corridor Management Area transportation of aircraft to or between designated hunter permit and must may use snowmobiles only for the publicly owned airports. return a completed harvest report. The subsistence taking of wildlife. You may designated hunter may hunt for any use licensed highway vehicles only on (iii) Unit-specific regulations: number of recipients but may have no designated roads within the Dalton (A) You may take caribou from a boat more than two harvest limits in his/her Highway Corridor Management Area. moving under power in Unit 26; possession at any one time.
Harvest limits Open season
HUNTING Black Bear: 3 bears ...... July 1±June 30. Brown Bear: Unit 26(A)Ð1 bear by State registration permit ...... Sept. 1±May 31. Unit 26(B) and (C)Ð1 bear ...... Sept. 1±May 31. Caribou: Unit 26(A)Ð10 caribou per day; however, cow caribou may not be taken May 16±June 30. Federal lands south July 1±June 30. of the Colville River and east of the Killik River are closed to the taking of caribou by non-Federally qualified subsistence users from Aug. 1±Sept. 30. Unit 26(B)Ð10 caribou per day; however, cow caribou may be taken only from Oct. 1±Apr. 30 ...... July 1±June 30. Unit 26(C)Ð10 caribou per day ...... July 1±Apr. 30. You may not transport more than 5 caribou per regulatory year from Unit 26 except to the community of Anaktuvuk Pass. Sheep: Unit 26(A) and (B)Ð(Anaktuvuk Pass residents only)Ðthat portion within the Gates of the Arctic National ParkÐ July 15±Dec. 31. community harvest quota of 60 sheep, no more than 10 of which may be ewes and a daily possession limit of 3 sheep per person no more than 1 of which may be a ewe. Unit 26(A)Ð(excluding Anaktuvuk Pass residents)Ðthose portions within the Gates of the Arctic National ParkÐ Aug. 1±Apr. 30. 3 sheep. Unit 26(A)Ðthat portion west of Howard Pass and the Etivluk River (DeLong Mountains)Ð1 ram with full curl or Aug. 1±Sept. 30. larger horns by Federal registration permit. The Superintendent of the Western Arctic National Parklands may The season will be issue permits for the harvest of up to 10 full curl rams in the DeLong Mountains, Units 23 and 26(A), based on closed when half of a quota to be announced locally after the annual sheep population survey is completed. the quota has been harvested in the DeLong Mountains. Unit 26(A)Ðthat portion west of Howard Pass and the Etivluk River (DeLong Mountains)Ð1 ram with full curl or Oct. 1±Apr. 1. larger horns by Federal registration permit. The Superintendent of the Western Arctic National Parklands may The season will be issue permits for the harvest of up to 10 full curl rams in the DeLong Mountains, Units 23 and 26(A), based on closed when the total a quota to be announced locally after the annual sheep population survey is completed. quota of sheep has been harvested in the DeLong Mountains in- cluding those har- vested during the Aug. 1±Sept. 30 season. Unit 26(B)Ðthat portion within the Dalton Highway Corridor Management AreaÐ1 ram with 7¤8 curl horn or larger Aug. 10±Sept. 20. by Federal registration permit only.
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Harvest limits Open season
Unit 26(A)Ðremainder and 26(B)ÐremainderÐincluding the Gates of the Arctic National PreserveÐ1 ram with Aug. 10±Sept. 20. 7¤8 curl horn or larger. Unit 26(C)Ð3 sheep per regulatory year; the Aug. 10±Sept. 20 season is restricted to 1 ram with 7¤8 curl horn or Aug. 10±Sept. 20. larger. A Federal registration permit is required for the Oct. 1±Apr. 30 season. Oct. 1±Apr. 30. Moose: Unit 26(A)Ðthat portion of the Colville River drainage downstream from the mouth of the Anaktuvuk RiverÐ1 Aug. 1±31. bull. Federal public lands are closed to the taking of moose by non-Federally qualified subsistence users. Unit 26Ðremainder ...... No open season. Muskox: Unit 26(C)Ð1 muskox by Federal registration permit only; 12 permits for bulls and 3 permits for cows may Sept. 15±Mar. 31. be issued to rural Alaska residents of the village of Kaktovik only. Public lands are closed to the taking of muskox, except by rural Alaska residents of the village of Kaktovik during open seasons. Coyote: 2 coyotes ...... Sept. 1±Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes...... Sept. 1±Apr. 30. Fox, Red (including Cross, Black and Silver Phases): Unit 26(A) and (B)Ð10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1±Mar. 15. Unit 26(C)Ð10 foxes ...... Nov. 1±Apr. 15. Hare (Snowshoe and Tundra): No limit ...... July 1±June 30. Lynx: 2 lynx ...... Nov. 1±Apr. 15. Wolf: 15 wolves ...... Aug. 10±Apr. 30. Wolverine: 5 wolverine ...... Sept. 1±Mar. 31. Grouse (Spruce, Blue, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10±Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10±Apr. 30. TRAPPING Coyote: No limit ...... Nov. 1±Apr. 15. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1±Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1±Apr. 15. Lynx: No limit ...... Nov. 1±Apr. 15. Marten: No limit ...... Nov. 1±Apr. 15. Mink and Weasel: No limit ...... Nov. 1±Jan. 31. Muskrat: No limit ...... Nov. 1±June 10. Otter: No limit ...... Nov. 1±Apr. 15. Wolf: No limit ...... Nov. 1±Apr. 30. Wolverine: No limit ...... Nov. 1±Apr. 15.
Dated: July 25, 2000. Kenneth E. Thompson, Acting Regional Forester, USDA-Forest Service. Thomas H. Boyd, Acting Chair, Federal Subsistence Board. [FR Doc. 00–21043 Filed 8–23–00; 8:45 am] BILLING CODE 3410±11±P; 4310±55±P
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Part III
Securities and Exchange Commission 17 CFR Parts 210, 211, et al. Financial Statements and Periodic Reports for Related Issuers and Guarantors; Final Rules
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SECURITIES AND EXCHANGE Exchange Act. We also are rescinding guaranteed securities and each guarantor COMMISSION Staff Accounting Bulletin No. 53.9 of registered securities b. Guaranteed securities for which Table of Contents 17 CFR Parts 210, 211, 228, 240 and paragraphs (b) through (f) of Rule 3–10 249 I. Executive Summary may provide an exception to the II. Financial statement and Exchange Act requirement of Rule 3–10(a) reporting requirements for subsidiary i. The modified financial information [Release Nos. 33±7878; 34±43124; guarantors and subsidiary issuers of permitted by paragraphs (b) through (f) is International Series No. 1229; FR±55; File guaranteed securities before today’s available only for guaranteed debt and No. S7±7±99] amendments debt-like securities A. Financial statement requirements before (A) Full and unconditional guarantee of today’s amendments RIN 3235±AH52 preferred securities 1. Basis for the requirements (B) Trust preferred securities 2. Financial statement requirements ii. Availability of paragraphs (b) through (f) Financial Statements and Periodic B. Exchange Act reporting requirements Reports for Related Issuers and to convertible debt or debt-like securities before today’s amendments c. Availability of modified financial Guarantors 1. Basis for the requirements information for guaranteed securities not 2. Exchange Act reporting requirements described in this release AGENCY: Securities and Exchange III. Today’s amendments to the financial 5. Recently acquired subsidiary issuers and Commission. statement and Exchange Act reporting subsidiary guarantors ACTION: Final rule. requirements for subsidiary guarantors 6. Definitions in Rule 3–10 and subsidiary issuers of guaranteed 7. Instructions for condensed consolidating SUMMARY: We are adopting financial securities financial information under Rule 3–10 A. Rule 3–10 of Regulation S–X B. Item 310 of Regulation S–B reporting rules for related issuers and 1. Two-part analysis to determine whether guarantors of guaranteed securities. We C. Exchange Act reporting requirements modified financial information may be 1. Exchange Act Rule 12h–5—Exemption also are adopting an exemption from provided Exchange Act periodic reporting for from periodic reporting for subsidiary a. The meaning of ‘‘100% owned’’ issuers and subsidiary guarantors where i. Subsidiaries in corporate form subsidiary issuers and subsidiary parent company periodic reports include (A) Definition of 100% owned guarantors of these securities. These modified financial information as (B) Interpretive position regarding foreign rules codify, in large part, the positions permitted by paragraphs (b) through (f) issuers and guarantors the staff has developed through Staff of Rule 3–10 ii. Subsidiaries in other than corporate Accounting Bulletin No. 53, later form 2. Non-financial disclosure in parent interpretations, and the registration b. The meaning of ‘‘full and company periodic reports statement review process. We intend for unconditional’’ 3. When Rule 12h–5 becomes available or these rules to eliminate uncertainty i. A guarantee is not full and unconditional ceases to be available about which financial statements and when it is not operative until some time 4. Meaning of the term ‘‘financial after default statements’’ in Rule 12h–5 periodic reports subsidiary issuers and 5. Rule 12h–5 does not require Exchange subsidiary guarantors must file. We also ii. A guarantee can be full and unconditional even if it has a fraudulent Act reporting when financial statements intend these rules and the guidance we conveyance ‘‘savings clause’’ are provided solely in accordance with provide in this release to eliminate iii. A guarantee can be full and Rule 3–10(g) substantially the need for requests for unconditional even if it has different 6. Application of Rule 12h–5 when the staff ‘‘no-action’’ letters in this area. subordination terms than the guaranteed guaranteed security is in default securities 7. Application of Rule 3–10 and Rule 12h– EFFECTIVE DATE: September 25, 2000, 2. Rule 3–10(b) through (f) 5 to foreign parent companies with except that Form 20–F (referenced in a. Preliminary conditions to the availability domestic subsidiary issuers or domestic § 249.220f) is effective September 30, of Rule 3–10(b) through (f) subsidiary guarantors 2000. b. Finance subsidiary issuer of securities a. Foreign parent companies reporting on guaranteed by its parent company only Form 20–F FOR FURTHER INFORMATION CONTACT: c. Operating subsidiary issuer of securities b. Foreign parent companies reporting on Regarding Rule 12h–5, Michael Hyatte guaranteed by its parent company only Form 40–F at (202) 942–2900; regarding the d. Subsidiary issuer of securities D. Financial statements of affiliates whose Regulation S–X and Regulation S–B guaranteed by its parent company and securities collateralize registered revisions, Craig Olinger at (202) 942– one or more other subsidiaries of that securities—Rule 3–16 of Regulation S–X 2960, both in the Division of parent company IV. Phase-in of today’s amendments to Rule Corporation Finance. e. Single subsidiary guarantor of securities 3–10 issued by its parent company V. Cost-Benefit Analysis SUPPLEMENTARY INFORMATION: We are f. Multiple subsidiary guarantors of VI. Effects on efficiency, competition, and adopting amendments to Rule 3–10 1 of securities issued by their parent capital formation Regulation S–X 2 and Item 310 3 of company VII. Final Regulatory Flexibility Act Regulation S–B.4 We are adopting new 3. Condensed consolidating financial Certification Rule 3–16 5 of Regulation S–X and new information required by Rule 3–10(c) VIII. Paperwork Reduction Act Rule 12h–5 6 under the Securities through (f) IX. Statutory Bases 7 a. Reasons for requiring condensed Appendices Exchange Act of 1934. We are consolidating financial information 8 amending Form 20–F under the instead of summarized financial I. Executive Summary information Over the past two decades, it has 1 17 CFR 210.3–10. b. Comments regarding condensed become increasingly common for a 2 17 CFR 210.1–01 through 12–29. consolidating financial information parent company to raise capital through: 3 17 CFR 228.310. 4. Securities to which Rule 3–10 applies • 4 17 CFR 228.10 through 702. a. Rule 3–10(a) requires separate financial Offerings of its own securities that 5 17 CFR 210.3–16. statements for each issuer of registered are guaranteed by one or more of its 6 17 CFR 240.12h–5. subsidiaries; and • 7 15 U.S.C. 78a et seq. 9 Staff Accounting Bulletin Release No. SAB 53 Offerings of securities by a 8 17 CFR 249. 220f. (June 13, 1983) [48 FR 28230]. subsidiary that are guaranteed by the
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Regulation S–B identifies those for determining the appropriate guarantor financial information should requirements for guarantors that are financial information: be provided in Regulation S–X. We also filing under the small business issuer • If there was only one subsidiary believe that the exemption from reporting system. issuer or subsidiary guarantor present, Exchange Act reporting should be Before today’s amendments, those summarized financial information was provided in a rule that parallels the requirements were modified by SAB 53. appropriate; and financial statement requirements. To In SAB 53, the staff responded to • In all other situations, condensed accomplish this, we are adopting, in questions arising from the increased consolidating financial information was large part, the staff’s current approach in number of guaranteed securities appropriate. these areas. offerings. SAB 53 did not amend Rule B. Exchange Act Reporting We believe today’s amendments will 3–10 of Regulation S–X. Instead, it Requirements Before Today’s provide investors with meaningful and described the approach the staff would Amendments comparable financial information about take in its review of registration subsidiary issuers and subsidiary statements for two types of offerings of 1. Basis for the Requirements guarantors. We also believe that these guaranteed debt securities: Exchange Act Section 15(d) requires amendments will provide significant • Securities issued by a subsidiary separate periodic reports from both the benefits to subsidiary issuers and that are guaranteed by the parent issuer and the guarantor of securities subsidiary guarantors by removing company of that subsidiary; and offered under an effective Securities Act uncertainty about financial statement • Securities issued by a parent registration statement. SAB 53 only requirements and reducing the number company that are guaranteed by a briefly addresses the Exchange Act of requests for no-action letters. subsidiary of that company. reporting obligations of subsidiary A. Rule 3–10 of Regulation S–X The staff has expanded the analysis of issuers of parent company-guaranteed securities. In a footnote, SAB 53 states: We are adopting, as proposed, SAB 53 through its processing of amendments to paragraph (a) of Rule 3– where the parent guarantor of an issuer registration statements and requests for 10. These amendments restate the no-action letters. subsidiary * * * is a reporting company under the Exchange Act, upon application to general rule that all issuers or 2. Financial Statement Requirements the Commission such a subsidiary would be guarantors of registered securities must include separate financial statements. SAB 53 and the expansion of its conditionally exempted pursuant to Section 12(h) 20 of the Exchange Act from reporting We also are adopting new paragraphs (b) analysis have modified the financial obligations under such Act. through (f) of Rule 3–10. These new statement requirements of Rule 3–10 paragraphs provide exceptions to the and Item 310 for subsidiary guarantors Since the issuance of SAB 53, the staff general rule of Rule 3–10(a) and permit of debt securities and subsidiary issuers of the Division of Corporation Finance modified financial information in of guaranteed debt securities. The basic has responded to an increasing number registration statements and the parent assumption of the financial statement of requests for no-action letters relating to Exchange Act reporting. company’s periodic reports when requirements before today’s • A finance subsidiary issues amendments was that there is no need 2. Exchange Act Reporting securities that its parent company for full financial statements of both the Requirements guarantees; issuer of the guaranteed security and the The staff’s analysis of no-action • An operating subsidiary issues guarantor when: • requests relating to Exchange Act securities that its parent company The issuer or guarantor is a wholly- periodic reporting is the same as its guarantees; owned subsidiary of the parent analysis of the financial statement • A subsidiary issues securities that company; and requirements for subsidiary guarantors its parent company and one or more • The guarantee is full and and subsidiary issuers of guaranteed other subsidiaries of its parent company unconditional. securities in Securities Act registration guarantee; Under this analysis, if either of these statements. Therefore, if a subsidiary • A parent company issues securities conditions was not met, full financial issuer or subsidiary guarantor was not that one of its subsidiaries guarantees; statements for the subsidiary issuer or required to include separate financial and subsidiary guarantor would have to be statements under the SAB 53 analysis, • A parent company issues securities included in the registration statement. If the staff would grant a request for a no- that more than one of its subsidiaries both conditions were met, the amount of action letter relating to Exchange Act guarantees. financial information required for the periodic reporting. Instead of separate Only one of these five paragraphs can subsidiary issuer or subsidiary reporting for the subsidiary issuer or apply to any particular offering and the guarantor would depend on whether the subsidiary guarantor, the parent subsequent Exchange Act reporting. subsidiary had independent operations. company would present in its periodic With respect to these five paragraphs, For example, reports the same level of modified the following two-part analysis • If the subsidiary issuer or information regarding the subsidiary as determines whether modified financial subsidiary guarantor was a finance it presented in the related Securities Act information may be provided for subsidiary, no separate financial registration statement. subsidiary issuers and subsidiary statements were required; and guarantors. • If the subsidiary was not a finance III. Today’s Amendments to the • Is the subsidiary issuer or subsidiary, there was a two-step process Financial Statement and Exchange Act subsidiary guarantor 100% owned by its Reporting Requirements for Subsidiary parent company? Guarantors and Subsidiary Issuers of • any class of the issuer’s registered securities. Are the guarantees full and Today’s amendments move these requirements from Guaranteed Securities unconditional? Rule 3–10 to new Rule 3–16 of Regulation S–X. A We believe that the requirements for If the answer to both questions is yes, more complete discussion of Rule 3–16 is located in Section III.D. ‘‘Financial statements of affiliates subsidiary issuer and subsidiary modified financial information is whose securities collateralize registered securities— allowed. If the answer to either question Rule 3–16 of Regulation S–X.’’ 20 15 U.S.C. 78l(h). is no, modified financial information is
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• The parent company’s financial • the subsidiary issuer; e. Single Subsidiary Guarantor of statements include a footnote stating • the guarantor subsidiaries on a Securities Issued By Its Parent Company that the parent company has no combined basis; We proposed to codify the staff’s independent assets or operations, the • any other subsidiaries on a positions regarding the structure where guarantee is full and unconditional and combined basis; a parent company issues securities and any subsidiaries other than the • consolidating adjustments; and one of its subsidiaries guarantees those subsidiary issuer are minor. • securities. As adopted, paragraph (e) of This note was added to the proposed the total consolidated amounts. Rule 3–10 provides that the subsidiary rule based on comments we received This paragraph applies in the same guarantor need not include separate suggesting that when the parent manner regardless of whether the issuer financial statements if: company is a holding company and the is a finance subsidiary or an operating • No other subsidiary of that parent subsidiary issuer is the only subsidiary subsidiary. company guarantees the securities; other than minor subsidiaries, the We are adopting this paragraph as • subsidiary issuer should be treated like The parent company’s financial proposed with the addition of four statements are filed for the periods a finance subsidiary. We agree that notes. First, we added a note stating that under these circumstances the specified by Rules 3–01 and 3–02 of the separate column for other Regulation S–X; and consolidated financial statements, when subsidiaries is not required when those • combined with the required narrative The parent company’s financial other subsidiaries are minor. statement footnotes include condensed information, provide substantially the Second, we added a note stating that same information as condensed consolidating financial information for if a subsidiary issuer satisfies the the same periods with a separate consolidating financial information. requirements of this paragraph but for Thus, the condensed consolidating column for the fact that it co-issued the securities, • the parent company; financial information need not be jointly and severally, with its parent • presented. the subsidiary guarantor; company, the parent company may • any other subsidiaries of the parent Second, we have added a note stating present its financial information with that the separate column for other on a combined basis; respect to the subsidiaries as paragraph • consolidating adjustments; and subsidiaries is not required when the (d) permits. parent company has independent assets • the total consolidated amounts. or operations, but the other subsidiaries Third, we added a note addressing This paragraph applies in the same are minor. guarantees that are not joint and several. manner regardless of whether the Third, we have added a note stating That note states that subsidiary guarantor is a finance that if a subsidiary issuer satisfies the • if subsidiary or an operating subsidiary. requirements of this paragraph but for • there is one subsidiary guarantor We are adopting this paragraph as the fact that it co-issued the securities, and that subsidiary’s guarantee is not proposed with the addition of three jointly and severally, with its parent joint and several with the parent notes. First we have added a note stating company, the parent company may company’s guarantee, or that the condensed consolidating present its financial information with • there is more than one subsidiary financial information may be omitted if: respect to the subsidiary as paragraph guarantor and any of the subsidiary • The parent company has no (c) permits. guarantees is not joint and several with independent assets or operations; • d. Subsidiary Issuer of Securities the guarantees of the parent company Any subsidiaries other than the Guaranteed By its Parent Company and and the other subsidiaries, guarantor are minor; and • The parent company’s financial One or More Other Subsidiaries of That • Then Parent Company statements include a footnote stating • each subsidiary guarantor whose that the parent company has no We proposed to codify the staff’s guarantee is not joint and several need independent assets or operations, the position regarding the structure where a not include separate financial guarantee is full and unconditional and subsidiary issues securities and both its statements, but any non-guarantor subsidiaries are parent company and one or more other • the condensed consolidating minor. subsidiaries of that parent company are financial information must include a Second, we added a note stating that guarantors. As adopted, paragraph (d) of separate column for each subsidiary the separate column for other Rule 3–10 provides that these subsidiary guarantor whose guarantee is not joint subsidiaries is not required when the issuers and subsidiary guarantors need and several. parent company has independent assets not include separate financial Fourth, we added a note addressing or operations, but the other subsidiaries statements if: are minor. • The guarantees are joint and the situation when the parent company Third, we added a note stating that several; has no independent assets or operations, • The parent company’s financial the subsidiary issuer is a finance this paragraph does not apply if the statements are filed for the periods company, and all of the parent subsidiary co-issued the securities, specified by Rules 3–01 and 3–02 of company’s other subsidiaries guarantee jointly and severally, with its parent the securities on a full and company. Instead, Regulation S–X; and • • The parent company’s financial unconditional and joint and several If the subsidiary is a finance statement footnotes include condensed basis. In that situation, the consolidated subsidiary, paragraph (b) would apply; financial statements, when combined and consolidating financial information for • the same periods with a separate with the required narrative information, If the subsidiary is an operating column for provide substantially the same subsidiary, paragraph (c) would apply. • The parent company; information as condensed consolidating We added this note to eliminate any financial information. Thus, the potential confusion regarding which subsidiary in that group individually and to all condensed consolidating financial paragraph applies in co-issuer subsidiaries in that group in the aggregate. information need not be presented. situations.
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• A subsidiary is a finance subsidiary 7. Instructions for Condensed proposed Rule 3–10. One commenter if it has no assets, operations, revenues, Consolidating Financial Information responded to our request for comment or cash flows other than those related to Under Rule 3–10 on this proposal.78 That commenter the issuance, administration, and To help ensure meaningful, consistent believed that the standards for large and repayment of the security being presentation of the condensed small businesses should be the same registered and any other securities consolidating financial information, we because the likely higher cost to a small guaranteed by its parent.73 proposed instructions on how to business of providing the information is balanced by the likely greater • A subsidiary is an operating prepare the financial information. We proposed 13 instructions. We have significance of that information. We are subsidiary if it is not a finance adopting Item 310 of Regulation S–B as 74 subsidiary. made seven changes to those proposals. 79 • We combined proposed paragraphs proposed. For purposes of Rule 3–10, the parent (i)(1) and (i)(2) into one instruction, C. Exchange Act Reporting company is the company that: reflected in paragraph (i)(1). Requirements • Is an issuer or guarantor of the • One commenter suggested that we subject securities; 75 clarify the accounting basis to be used 1. Exchange Act Rule 12h–5— Exemption From Periodic Reporting for • Is, or as a result of the subject for recently acquired entities included in the guarantor/non-guarantor columns Subsidiary Issuers and Subsidiary Securities Act registration statement Guarantors Where Parent Company in the condensed consolidating will be, an Exchange Act reporting Periodic Reports Include Modified financial information. In response to company; and Financial Information as Permitted by this suggestion, we created new • Paragraphs (b) Through (f) of Rule 3–10 Owns 100%, directly or indirectly, paragraph (i)(4) to clarify that the basis of each subsidiary issuer and/or must be ‘‘pushed down’’ to the Before today’s amendments, subsidiary guarantor of the subject applicable subsidiary columns to the subsidiary issuers or subsidiary security. extent that push down would be guarantors that were not required to include separate financial statements in The identity of the parent company required or permitted in separate 76 their Securities Act registration will vary based on the particular financial statements of the subsidiary. • statements would request that the corporate structure. Instead of a We revised paragraph (i)(5) to Division of Corporation Finance provide definition of parent company in Rule 3– clarify which investments in no-action relief from the Exchange Act 10, which would fail to account for subsidiaries must be presented under the equity method in the subsidiary reporting requirements. The Division of these variations, we have included a Corporation Finance applied the same number of examples in Appendix C that issuer or subsidiary guarantor columns. • We added paragraph (i)(6) to clarify analysis to these requests as it applied explain the term. that separate columns are required for in considering the appropriate subsidiary issuers or subsidiary presentation of financial information in 1(b)(1)(B)], we are using the term ‘‘minor.’’ The 3% Securities Act registration statements. test is a numerical threshold for determining when guarantors that are not 100% owned, separate presentation of columnar information for whose guarantees are not full and As noted above, the volume of these specific subsidiaries may be omitted from unconditional, or whose guarantees are requests has increased significantly. condensed consolidating financial information not joint and several with the guarantees We are adopting new Rule 12h–5 to under Rule 3–10. The 3% test is not, and should of other subsidiaries. reduce significantly the need for these not be construed as, a standard of general • materiality for the preparation of consolidated We added the words ‘‘subsidiary requests by providing certainty financial statements. issuers and’’ into paragraph (i)(10) to regarding the availability of an 73 See Rule 3–10(h)(7). reflect that both subsidiary issuers and exemption from Exchange Act reporting. 74 See Rule 3–10(h)(8). subsidiary guarantors must comply with Rule 12h–5 exempts from Exchange Act 75 It would not be appropriate under Rule 3–10 Rule 4–08(e)(3) of Regulation S–X.77 reporting: to file, in substitution for the financial statements • • Subsidiary issuers or subsidiary of the parent company, financial statements of an We combined proposed paragraphs entity that files Exchange Act reports but is not an (i)(10), (i)(11), and (i)(12) into one guarantors permitted to omit financial issuer or guarantor of the securities being registered. instruction, paragraph (i)(11). statements by paragraphs (b) through (f) See Note to Rule 3–10(a)(2). As an illustration, • We added paragraph (i)(12) to of Rule 3–10; and • assume the following: clarify that U.S. GAAP reconciling Recently acquired subsidiary • A parent company with no independent assets issuers or subsidiary guarantors that or operations issues debt securities that are information for the subsidiaries need guaranteed by one or more of its subsidiaries, and not duplicate information included would be permitted to omit financial • The parent company is a 100%-owned elsewhere in the reconciliation of the statements by paragraphs (b) through (f) subsidiary of an entity whose common shares are parent company’s consolidated financial of Rule 3–10, but are required to provide registered under Section 12 of the Exchange Act, pre-acquisition financial statements but that entity is not a co-issuer or guarantor of the information. Other than these seven changes, we under paragraph (g) of that rule. debt securities. The parent company periodic reports In this situation, the consolidated financial have adopted the instructions to Rule 3– statements of the parent company must be filed for 10 as proposed. must include the modified financial modified financial information of the subsidiary information permitted by paragraphs (b) guarantors to be permitted by paragraphs (b) B. Item 310 of Regulation S–B through (f) of Rule 3–10. The parent through (f) of Rule 3–10. The financial statements company periodic reports must contain of the Section 12-registered entity do not meet the We proposed to amend Item 310 of conditions in paragraphs (b) through (f) of Rule 3– Regulation S–B to require small 10, even if the financial statements of that entity are business issuers to include the same 78 Comment letter of KPMG LLP (May 4, 1999). virtually identical to those of the parent company, financial information as required by 79 One commenter asked us to clarify the because the security holders cannot enforce application of today’s amendments to offerings that payment of the obligation against that entity. are exempt under Regulation A. See, comment letter Similarly, the financial statements of a subsidiary 76 Staff Accounting Bulletin 54 discusses ‘‘push of Arthur Andersen (May 4, 1999). An issuer that is not an issuer or guarantor of the securities down’’ accounting. See Securities Act Release No. conducting an offering in accordance with cannot be substituted for those of the parent SAB 54 (Nov. 3, 1983) [48 FR 51769]. Regulation A is not affected by today’s company. This treatment is consistent with staff 77 17 CFR 210.4–08(e)(3). Rule 4–08(e)(3) relates amendments, because only Article 2 of Regulation practice under SAB 53. to limitations on the payment of dividends. S–-X applies to Regulation A offerings.
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(2) The guarantee is full and (4) The parent company’s financial unaudited financial statements must be unconditional; statements are filed for the periods filed for any interim periods specified in (3) No other subsidiary of that parent specified by §§ 210.3–01 and 210.3–02 §§ 210.3–01 and 210.3–02. guarantees the securities; and and include, in a footnote, condensed (ii) The financial statements must (4) The parent company’s financial consolidating financial information for conform to the requirements of statements are filed for the periods the same periods with a separate Regulation S–X (§§ 210.1–01 through specified by §§ 210.3–01 and 210.3–02 column for: 12–29), except that supporting and include, in a footnote, condensed (i) The parent company; schedules need not be filed. If the consolidating financial information for (ii) The subsidiary guarantors on a subsidiary is a foreign business, the same periods with a separate combined basis; financial statements of the subsidiary column for: (iii) Any other subsidiaries of the meeting the requirements of Item 17 of (i) The parent company; parent company on a combined basis; Form 20–F (§ 249.220f) will satisfy this (ii) The subsidiary guarantor; (iv) Consolidating adjustments; and item. (iii) Any other subsidiaries of the (v) The total consolidated amounts. (3) Instructions to paragraph (g). parent company on a combined basis; Notes to paragraph (f). (i) The significance test of paragraph (iv) Consolidating adjustments; and 1. Instead of the condensed consolidating (g)(1)(ii) of this section should be (v) The total consolidated amounts. financial information required by paragraph computed using net book value of the (f)(4), the parent company’s financial Notes to paragraph (e). subsidiary as of the most recent fiscal statements may include a footnote stating, if 1. Paragraph (e) applies in the same year end preceding the acquisition. true, that the parent company has no manner whether the guarantor is a finance independent assets or operations, the (ii) Information required by this subsidiary or an operating subsidiary. guarantees are full and unconditional and paragraph (g) is not required to be 2. Instead of the condensed consolidating joint and several, and any subsidiaries of the included in an annual report or financial information required by paragraph parent company other than the subsidiary quarterly report. (e)(4), the parent company’s financial guarantors are minor. The footnote also must statements may include a footnote stating, if (iii) Acquisitions of a group of include the narrative disclosures specified in true, that the parent company has no subsidiary issuers or subsidiary paragraphs (i)(9) and (i)(10) of this section. independent assets or operations, the guarantors that are related prior to their 2. If the alternative disclosure permitted by guarantee is full and unconditional, and any acquisition shall be aggregated for Note 1 to this paragraph is not applicable subsidiaries of the parent company other purposes of applying the 20% test in because the parent company has independent than the subsidiary guarantor are minor. The assets or operations, the condensed paragraph (g)(1)(ii) of this section. footnote also must include the narrative consolidating financial information described Subsidiaries shall be deemed to be disclosures specified in paragraphs (i)(9) and in paragraph (f)(4) may omit the column for related prior to their acquisition if: (i)(10) of this section. ‘‘any other subsidiaries of the parent (A) They are under common control 3. If the alternative disclosure permitted by company on a combined basis’’ if those other Note 2 to this paragraph is not applicable or management; subsidiaries are minor. because the parent company has independent (B) The acquisition of one subsidiary 3. If any of the subsidiary guarantees is not assets or operations, the condensed is conditioned on the acquisition of joint and several with the guarantees of the consolidating financial information described each subsidiary; or other subsidiaries, then each subsidiary in paragraph (e)(4) may omit the column for (C) The acquisition of each subsidiary guarantor whose guarantee is not joint and ‘‘any other subsidiaries of the parent several need not include separate financial is conditioned on a single common company on a combined basis’’ if those other statements, but the condensed consolidating event. subsidiaries are minor. financial information must include a separate (h) Definitions. For the purposes of 4. If, instead of guaranteeing the subject column for each subsidiary guarantor whose this section: security, a subsidiary co-issues the security guarantee is not joint and several. jointly and severally with its parent (1) A subsidiary is ‘‘100% owned’’ if company, this paragraph (e) does not apply. (g) Recently acquired subsidiary all of its outstanding voting shares are Instead, the appropriate financial information issuers or subsidiary guarantors. owned, either directly or indirectly, by requirement would depend on whether the (1) The Securities Act registration its parent company. A subsidiary not in subsidiary is a finance subsidiary or an statement of the parent company must corporate form is 100% owned if the operating subsidiary. If the subsidiary is a sum of all interests are owned, either finance subsidiary, paragraph (b) applies. If include the financial statements specified in paragraph (g)(2) of this directly or indirectly, by its parent the subsidiary is an operating company, company other than: paragraph (c) applies. section for any subsidiary that otherwise meets the conditions in paragraph (c), (i) Securities that are guaranteed by its (f) Multiple subsidiary guarantors of (d), (e) or (f) of this section for omission parent and, if applicable, other 100%- securities issued by the parent company of separate financial statements if: owned subsidiaries of its parent; and of those subsidiaries. When a parent (i) The subsidiary has not been (ii) Securities that guarantee securities company issues securities and more included in the audited consolidated issued by its parent and, if applicable, than one of its subsidiaries guarantee results of the parent company for at other 100%-owned subsidiaries of its those securities, the registration least nine months of the most recent parent. statement, parent company annual fiscal year; and (2) A guarantee is ‘‘full and report, or parent company quarterly (ii) The net book value or purchase unconditional,’’ if, when an issuer of a report need not include financial price, whichever is greater, of the guaranteed security has failed to make statements of the subsidiary guarantors subsidiary is 20% or more of the a scheduled payment, the guarantor is if: principal amount of the securities being obligated to make the scheduled (1) Each of the subsidiary guarantors registered. payment immediately and, if it doesn’t, is 100% owned by the parent company (2) Financial statements required. any holder of the guaranteed security issuer; (i) Audited financial statements for a may immediately bring suit directly (2) The guarantees are full and subsidiary described in paragraph (g)(1) against the guarantor for payment of all unconditional; of this section must be filed for the amounts due and payable. (3) The guarantees are joint and subsidiary’s most recent fiscal year (3) Annual report refers to an annual several; and preceding the acquisition. In addition, report on Form 10–K, Form 10–KSB, or
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Form 20–F (§§ 249.310, 249.310b, or (6) Provide a separate column for each and required to file financial statements. 249.220f of this chapter). subsidiary issuer or subsidiary guarantor that However, financial statements need not (4) Quarterly report refers to a is not 100% owned, whose guarantee is not be filed pursuant to this section for any quarterly report on Form 10–Q or Form full and unconditional, or whose guarantee is person whose statements are otherwise not joint and several with the guarantees of 10–QSB (§§ 249.308a or 249.308b of this other subsidiaries. Inclusion of a separate separately included in the filing on an chapter). column does not relieve that issuer or individual basis or on a basis (5) A parent company has no guarantor from the requirement to file consolidated with its subsidiaries. independent assets or operations if each separate financial statements under (b) For the purposes of this section, of its total assets, revenues, income from paragraph (a) of this section. However, securities of a person shall be deemed continuing operations before income paragraphs (b) through (f) of this section will to constitute a substantial portion of taxes, and cash flows from operating provide this relief if the particular paragraph collateral if the aggregate principal activities (excluding amounts related to is satisfied except that the guarantee is not amount, par value, or book value of the its investment in its consolidated joint and several; (7) Provide separate columns for each securities as carried by the registrant, or subsidiaries) is less than 3% of the guarantor by legal jurisdiction if differences the market value of such securities, corresponding consolidated amount. in domestic or foreign laws affect the whichever is the greatest, equals 20 (6) A subsidiary is minor if each of its enforceability of the guarantees; percent or more of the principal amount total assets, stockholders’ equity, (8) Include the following disclosure, if true: of the secured class of securities. revenues, income from continuing (i) Each subsidiary issuer or subsidiary operations before income taxes, and guarantor is 100% owned by the parent PART 211ÐINTERPRETATIONS cash flows from operating activities is company; (ii) All guarantees are full and RELATING TO FINANCIAL REPORTING less than 3% of the parent company’s MATTERS corresponding consolidated amount. unconditional; and (iii) Where there is more than one Note to paragraph (h)(6). When guarantor, all guarantees are joint and Subpart AÐ[Amended] considering a group of subsidiaries, the several; definition applies to each subsidiary in that (9) Disclose any significant restrictions on 4. Part 211, subpart A, is amended by group individually and to all subsidiaries in the ability of the parent company or any adding ‘‘Financial Statements and that group in the aggregate. guarantor to obtain funds from its Periodic Reports For Related Issuers and subsidiaries by dividend or loan; Guarantors, Appendices A, B and C,’’ (7) A subsidiary is a finance subsidiary if (10) Provide the disclosures prescribed by it has no assets, operations, revenues or cash Release No. FR–55 and the release date § 210.4–08(e)(3) with respect to the of August 4, 2000, to the list of flows other than those related to the subsidiary issuers and subsidiary guarantors; issuance, administration and repayment of (11) The disclosure: interpretive releases. the security being registered and any other (i) May not omit any financial and securities guaranteed by its parent company. narrative information about each guarantor if Subpart BÐ[Amended] (8) A subsidiary is an operating subsidiary the information would be material for if it is not a finance subsidiary. 5. Part 211 is amended by removing investors to evaluate the sufficiency of the and reserving Staff Accounting Bulletin (i) Instructions for preparation of the guarantee; condensed consolidating financial (ii) Shall include sufficient information so No. 53 to the table found in Subpart B. information required by paragraphs (c), (d), as to make the financial information (e) and (f) of this section. presented not misleading; and PART 228ÐINTEGRATED (1) Follow the general guidance in (iii) Need not repeat information that § 210.10–01 for the form and content for DISCLOSURE SYSTEM FOR SMALL would substantially duplicate disclosure BUSINESS ISSUERS condensed financial statements and present elsewhere in the parent company’s the financial information in sufficient detail consolidated financial statements; and to allow investors to determine the assets, 6. The authority citation for part 228 (12) Where the parent company’s continues to read as follows: results of operations and cash flows of each consolidated financial statements are of the consolidating groups; prepared on a comprehensive basis other Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, (2) The financial information should be than U.S. Generally Accepted Accounting 77k, 77s, 77z–2, 77aa(25), 77aa(26), 77ddd, audited for the same periods that the parent Principles, reconcile the information in each 77eee, 77ggg, 77hhh, 77jjj, 77nnn, 77sss, 781, company financial statements are required to column to U.S. Generally Accepted 78m, 78n, 78o, 78u–5, 78w, 7811, 80a–8, be audited; Accounting Principles to the extent necessary 80a–29, 80a–30, 80a–37, and 80b–11, unless (3) The parent company column should to allow investors to evaluate the sufficiency otherwise noted. present investments in all subsidiaries under of the guarantees. The reconciliation may be the equity method; limited to the information specified by Item 7. Section 228.310 is amended by (4) The parent company’s basis shall be 17 of Form 20–F (§ 249.220f of this chapter). redesignating Note 3 as Note 5 and ‘‘pushed down’’ to the applicable subsidiary The reconciling information need not adding new Notes 3 and 4 to read as columns to the extent that push down would duplicate information included elsewhere in follows: be required or permitted in separate financial the reconciliation of the consolidated statements of the subsidiary; financial statements. § 228.310 (Item 310) Financial Statements. (5) All subsidiary issuer or subsidiary guarantor columns should present the 3. Section 210.3–16 is added to read Notes: following investments in subsidiaries under as follows: the equity method: * * * * * (i) Non-guarantor subsidiaries; § 210.3±16 Financial statements of 3. Financial statements for a subsidiary of (ii) Subsidiary issuers or subsidiary affiliates whose securities collateralize an a small business issuer that issues securities guarantors that are not 100% owned or issue registered or being registered. guaranteed by the small business issuer or whose guarantee is not full and (a) For each of the registrant’s guarantees securities issued by the small unconditional; affiliates whose securities constitute a business issuer must be presented as required (iii) Subsidiary guarantors whose guarantee by Rule 3–10 of Regulation S–X (17 CFR is not joint and several with the guarantees substantial portion of the collateral for 210.3–10), except that the periods presented of the other subsidiaries; and any class of securities registered or are those required by paragraph (a) of this (iv) Subsidiary guarantors with differences being registered, there shall be filed the item. in domestic or foreign laws that affect the financial statements that would be 4. Financial statements for a small business enforceability of the guarantees; required if the affiliate were a registrant issuer’s affiliates whose securities constitute
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• Company A issues securities. • Company B owns 100% of Company C. • Company B owns 50% of Company D. • Company A owns 100% of Company B. • Company C is not an Exchange Act • Company C owns the other 50% of • Company B is not an Exchange Act reporting company. Company D. reporting company. • Company C guarantees the subject • Company D is not an Exchange Act • Company B guarantees the subject securities. reporting company. securities. • Neither Company A nor any other • Company D owns 100% of Company E. • No other company in this corporate company in this corporate structure co-issues • Company E is not an Exchange Act structure co-issues or guarantees the or guarantees the securities. reporting company. securities. Company B is the ‘‘parent company’’ for • Company E issues securities. Company A is the ‘‘parent company’’ for purposes of applying Rule 3–10 to the subject • Companies A, B, C, and D guarantee the purposes of applying Rule 3–10 to the subject securities. subject securities. securities. Example No. 5: • No other company in this corporate Example No. 3: • Company A is an Exchange Act reporting structure co-issues or guarantees the • Company A is an Exchange Act reporting company. securities. company. • Company A owns 100% of Company B. Company A is the ‘‘parent company’’ for • Company A owns 100% of Company B. • Company B is an Exchange Act reporting purposes of applying Rule 3–10 to the subject • Company B is an Exchange Act reporting company. securities. • company. Company B owns 100% of Company C. Example No. 7: • • Company B issues securities. Company C is not an Exchange Act • Company A is not Exchange Act • Company B owns 100% of Company C. reporting company. reporting company. • • Company C is not an Exchange Act Company C issues securities. • Company A owns 100% of Company B • reporting company. Company A and Company B guarantee and Company C. • Company C guarantees the subject the subject securities. • Neither Company B nor Company C is an • securities. No other company in this corporate Exchange Act reporting company. • Neither Company A nor any other structure co-issues or guarantees the • Company B owns 50% of Company D. company in this corporate structure co-issues securities. • Company C owns the other 50% of or guarantees the securities. Company A is the ‘‘parent company’’ for Company D. Company B is the ‘‘parent company’’ for purposes of applying Rule 3–10 to the subject • Company D is an Exchange Act reporting purposes of applying Rule 3–10 to the subject securities. The consolidated financial company. securities. The consolidated financial statements of Company B may not be • Company D owns 100% of Company E. statements of Company A may not be substituted for those of Company A, even if • Company E is not an Exchange Act substituted for those of Company B, even if Company B’s financial statements are reporting company. Company A’s financial statements are substantially the same as Company A’s. • Company E issues securities. substantially the same as Company B’s. The There are no exceptions to the parent • Company D guarantees the subject parent company for purposes of Rule 3–10 company’s obligation to provide the financial securities. must be an issuer or guarantor of the subject statements for a registrant under Rule 3– • No other company in this corporate security. 10(a). structure co-issues or guarantees the Example No. 4: Example No. 6: securities. • • Company A is not an Exchange Act Company A is an Exchange Act reporting Company D is the ‘‘parent company’’ for reporting company. company. purposes of applying Rule 3–10 to the subject • • Company A owns 100% of Company B. Company A owns 100% of Company B securities. • Company B is an Exchange Act reporting and Company C. company. • Neither Company B nor Company C is an [FR Doc. 00–20511 Filed 8–23–00; 8:45 am] • Company B issues securities. Exchange Act reporting company. BILLING CODE 8010±01±P
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Part IV
Securities and Exchange Commission 17 CFR Parts 240, 243, and 249 Selective Disclosure and Insider Trading; Final Rule
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SECURITIES AND EXCHANGE material nonpublic information to were privy to the information COMMISSION certain enumerated persons (in general, beforehand were able to make a profit or securities market professionals and avoid a loss at the expense of those kept 17 CFR Parts 240, 243, and 249 holders of the issuer’s securities who in the dark. [Release Nos. 33±7881, 34±43154, IC±24599, may well trade on the basis of the We believe that the practice of File No. S7±31±99] information), it must make public selective disclosure leads to a loss of disclosure of that information. The investor confidence in the integrity of RIN 3235±AH82 timing of the required public disclosure our capital markets. Investors who see a depends on whether the selective security’s price change dramatically and Selective Disclosure and Insider disclosure was intentional or non- only later are given access to the Trading intentional; for an intentional selective information responsible for that move AGENCY: Securities and Exchange disclosure, the issuer must make public rightly question whether they are on a Commission. disclosure simultaneously; for a non- level playing field with market insiders. intentional disclosure, the issuer must ACTION: Final rule. Issuer selective disclosure bears a make public disclosure promptly. Under close resemblance in this regard to SUMMARY: The Securities and Exchange the regulation, the required public ordinary ‘‘tipping’’ and insider trading. Commission is adopting new rules to disclosure may be made by filing or In both cases, a privileged few gain an address three issues: the selective furnishing a Form 8–K, or by another informational edge—and the ability to disclosure by issuers of material method or combination of methods that use that edge to profit—from their nonpublic information; when insider is reasonably designed to effect broad, superior access to corporate insiders, trading liability arises in connection non-exclusionary distribution of the rather than from their skill, acumen, or with a trader’s ‘‘use’’ or ‘‘knowing information to the public. diligence. Likewise, selective disclosure possession’’ of material nonpublic Rule 10b5–1 addresses the issue of has an adverse impact on market information; and when the breach of a when insider trading liability arises in integrity that is similar to the adverse family or other non-business connection with a trader’s ‘‘use’’ or impact from illegal insider trading: relationship may give rise to liability ‘‘knowing possession’’ of material Investors lose confidence in the fairness under the misappropriation theory of nonpublic information. This rule of the markets when they know that insider trading. The rules are designed provides that a person trades ‘‘on the other participants may exploit to promote the full and fair disclosure basis of’’ material nonpublic ‘‘unerodable informational advantages’’ of information by issuers, and to clarify information when the person purchases derived not from hard work or insights, and enhance existing prohibitions or sells securities while aware of the but from their access to corporate against insider trading. information. However, the rule also sets insiders.6 The economic effects of the forth several affirmative defenses, which EFFECTIVE DATE: The new rules and two practices are essentially the same. we have modified in response to Yet, as a result of judicial amendments will take effect October 23, comments, to permit persons to trade in 2000. interpretations, tipping and insider certain circumstances where it is clear trading can be severely punished under FOR FURTHER INFORMATION CONTACT: that the information was not a factor in the antifraud provisions of the federal Richard A. Levine, Sharon Zamore, or the decision to trade. securities laws, whereas the status of Jacob Lesser, Office of the General Rule 10b5–2 addresses the issue of issuer selective disclosure has been Counsel at (202) 942–0890; Amy Starr, when a breach of a family or other non- considerably less clear.7 Office of Chief Counsel, Division of business relationship may give rise to Corporation Finance at (202) 942–2900. liability under the misappropriation Regulation FD is also designed to theory of insider trading. The rule sets address another threat to the integrity of SUPPLEMENTARY INFORMATION: The our markets: the potential for corporate Securities and Exchange Commission forth three non-exclusive bases for determining that a duty of trust or management to treat material today is adopting new rules: Regulation information as a commodity to be used FD,1 Rule 10b5–1,2 and Rule 10b5–2.3 confidence was owed by a person receiving information, and will provide to gain or maintain favor with particular Additionally, the Commission is analysts or investors. As noted in the adopting amendments to Form 8–K.4 greater certainty and clarity on this unsettled issue. I. Executive Summary 6 United States v. O’Hagan, 521 U.S. 642, 658 II. Selective Disclosure: Regulation FD (1997) (citing Victor Brudney, Insiders, Outsiders, We are adopting new rules and and Informational Advantages Under the Federal amendments to address the selective A. Background Securities Laws, 93 Harv. L. Rev. 322, 356 (1979)). See also H.R. Rep. No. 100–910 (1988) (‘‘The disclosure of material nonpublic As discussed in the Proposing investing public has a legitimate expectation that information by issuers and to clarify two Release,5 we have become increasingly the prices of actively traded securities reflect issues under the law of insider trading. concerned about the selective disclosure publicly available information about the issuer of In response to the comments we of material information by issuers. As such securities. . . . [T]he small investor will be— and has been—reluctant to invest in the market if received on the proposal, we have made reflected in recent publicized reports, he feels it is rigged against him.’’) several modifications, as discussed many issuers are disclosing important 7 See Proposing Release, part II.A. As discussed below, in the final rules. nonpublic information, such as advance in the Proposing Release, in light of the ‘‘personal Regulation FD (Fair Disclosure) is a warnings of earnings results, to benefit’’ test set forth in the Supreme Court’s new issuer disclosure rule that decision in Dirks v. SEC, 463 U.S. 646 (1983), many securities analysts or selected have viewed issuer selective disclosures to analysts addresses selective disclosure. The institutional investors or both, before as protected from insider trading liability, see, e.g., regulation provides that when an issuer, making full disclosure of the same Paul P. Brountas Jr., Note: Rule 10b–5 and or person acting on its behalf, discloses information to the general public. Voluntary Corporate Disclosures to Securities Analysts, 92 Colum. L. Rev. 1517, 1529 (1992). We Where this has happened, those who have brought a settled enforcement action alleging 1 17 CFR 243.100–243.103. a tipping violation by a corporate officer who was 2 17 CFR 240.10b5–1. 5 The new rules and amendments were proposed alleged to have acted with the motive to protect and 3 17 CFR 240.10b5–2. in Exchange Act Release No. 42259 (Dec. 20, 1999) enhance his reputation. SEC v. Phillip J. Stevens, 4 17 CFR 249.308. [64 FR 72590]. Litigation Release No. 12813 (Mar. 19, 1991).
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Proposing Release, in the absence of a Other comments suggested that adherence to ‘‘best practices’’ of prohibition on selective disclosure, today’s self-directed, online investors do disclosure. We do not agree with these analysts may feel pressured to report not expect to rely exclusively on views. favorably about a company or otherwise research and analysis performed by It is, of course, difficult to quantify slant their analysis in order to have professionals, as was more common in precisely the amount of selective continued access to selectively the past. With advances in information disclosure—just as it is difficult to disclosed information. We are technology, most notably the Internet, quantify precisely the amount of concerned, in this regard, with reports information can be communicated to ordinary insider trading. Incidents of that analysts who publish negative shareholders directly and in real time, selective disclosure, like insider trading, views of an issuer are sometimes without the intervention of an by definition are not conducted openly excluded by that issuer from calls and intermediary. This online revolution has and in public view. Nevertheless, we meetings to which other analysts are created a greater demand, expectation, have noted numerous media reports in invited.8 and need for direct delivery of market the past two years alleging selective, 11 Finally, as we also observed in the information. As many individual exclusionary disclosure practices. Proposing Release, technological commenters noted, under this paradigm, More generally, surveys of practices of developments have made it much easier analysts still provide value for investors issuer personnel indicate significant by using their education, judgment, and acknowledgement of the use of selective for issuers to disseminate information 12 broadly. Whereas issuers once may have expertise to analyze information. On the disclosure of material information. had to rely on analysts to serve as other hand, investors are rightly Based on these public reports, as well as our staff’s experience, it is clear to us information intermediaries, issuers now concerned with the use of information that the problem of selective disclosure can use a variety of methods to gatekeepers who merely repeat is not limited, as some commenters have communicate directly with the market. information that has been selectively suggested, to just a few isolated In addition to press releases, these disclosed to them. Noting that analysts predominantly incidents. methods include, among others, Internet issue ‘‘buy’’ recommendations on Some commenters cited a February webcasting and teleconferencing. covered issuers, investors also made the 2000 NIRI survey suggesting an Accordingly, technological limitations point that current selective disclosure improvement in issuer disclosure no longer provide an excuse for abiding practices may create conflicts of the threats to market integrity that interest; analysts have an incentive not 11 See, e.g., EDS Call By Merrill Spurs Warning: selective disclosure represents. to make negative statements about an Call of the Day, Bloomberg News, June 9, 2000, To address the problem of selective available in Bloomberg, Hush List; Altera Steers issuer if they fear losing their access to Analysts’ Revenue Forecasts: Call of the Day, disclosure, we proposed Regulation FD. selectively disclosed information. Thus, Bloomberg News, June 6, 2000, available in It targets the practice by establishing these commenters suggested that a rule Bloomberg, Hush List; Goldman Falls After new requirements for full and fair against selective disclosure could lead Warning on 2nd-Quarter Profit, Bloomberg News, disclosure by public companies. May 26, 2000, available in Bloomberg, Hush List; to more objective and accurate analysis Pepsi Bottling Gives Select Group Early Look at 1. Breadth of Comment on the Proposal and recommendations from securities Data, Bloomberg News, May 15, 2000, available in analysts. Bloomberg, Hush List; Investors Back SEC Rule to The Proposing Release prompted an We also received numerous comments Ban Selective Disclosure, Bloomberg News, Apr. 27, 2000, available in Bloomberg Equity CN; Richard outpouring of public comment—nearly from securities industry participants, McCaffery, Papa John’s Investors: The Last to Know, 6,000 comment letters.9 The vast issuers, lawyers, media representatives, Motley Fool, Dec. 9, 1999 (http://www.fool.com/ majority of these commenters consisted and professional and trade associations. news/1999/pzza991209.html); Juniper Networks of individual investors, who urged— Almost all of these commenters agreed Doesn’t Invite All Investors to Product Call, Bloomberg News, Dec. 7, 1999, available in almost uniformly—that we adopt that selective disclosure of material Bloomberg, Hush List; Access Denied: Some Regulation FD. Individual investors nonpublic information was Investors Lose When Kept Out, Bloomberg News, expressed frustration with the practice inappropriate and supported our goals Dec. 6, 1999, available in Bloomberg, Hush List; of selective disclosure, believing that it of promoting broader and fairer Fred Barbash, Companies, Analysts a Little Too Cozy, Wash. Post, Oct. 31, 1999, at H1; SEC’s Levitt places them at a severe disadvantage in disclosure by issuers. Some of these Seeks to Open Company Conference Calls, the market. Several cited personal commenters believed the proposal was Bloomberg News, Oct. 18, 1999, available in experiences in which they believed they a generally appropriate way to address Bloomberg, Hush List; Susan Pulliam, Abercrombie the problem of selective disclosure. & Fitch Ignites Controversy Over Possible Leak of had been disadvantaged by the Sluggish Sales Data, Wall St. J., Oct. 14, 1999, at 10 practice. Many felt that selective Many others, however, expressed C1; SEC May Propose Rule to Curb Selective disclosure was indistinguishable from concerns about the approach of Disclosure, Bloomberg News, Oct. 7, 1999, available insider trading in its effect on the Regulation FD and suggested alternate in Bloomberg, Hush List; Idaho Conference of methods for achieving our goals or Moguls, Investors Boosts Stocks, Bloomberg News, market and investors, and expressed July 8, 1999, available in Bloomberg, Hush List; surprise that existing law did not recommended various changes to the ConAgra Excludes Investors From 3rd-Qtr Earnings already prohibit this practice. proposal. Call, Bloomberg News, Mar. 25, 1999, available in Bloomberg, Hush List; Susan Pulliam and Gary 2. Need for Regulation McWilliams, Compaq is Criticized for How it 8 See, e.g., Jeffrey M. Laderman, Who Can You Disclosed PC Troubles, Wall St. J., Mar. 2, 1999, at Trust? Wall Street’s Spin Game, Stock Analysts One fundamental issue raised by C1; Miriam Hill, Should Companies Play Favorites?, Often Have a Hidden Agenda, Bus. Wk., Oct. 5, these commenters was whether Philadelphia Inquirer, Feb. 2, 1999, at C1; Big 1998 and Amitabh Dugar, Siva Nathan, Analysts’ Regulation FD is necessary. Some Investors Get First Word With Market-Moving News, Research Reports: Caveat Emptor, 5 J. Investing 13 commenters stated that there is limited Bloomberg News, Dec. 14, 1998, available in (1996). Bloomberg, Hush List. We do not mean to suggest 9 The public comments we received, and a anecdotal evidence of selective that all of these reports necessarily involve selective summary of public comments prepared by our staff, disclosure. Others suggested that it disclosure of material nonpublic information. can be reviewed in our Public Reference Room at appears that issuer disclosure practices 12 National Investor Relations Institute, A Study 450 Fifth Street, N.W., Washington, D.C. 20549, in are generally improving, so that we of Corporate Disclosure Practices, Second File No. S7–31–99. Public comments submitted by Measurement, 18 (May 1998); Stephen Barr, ‘‘Back electronic mail are on our website, www.sec.gov. should refrain from rulemaking at this to the Future: What the SEC Should Really Do 10 See, e.g., Letters of Gary Aguirre, David time, and instead permit practices to About Earnings Management,’’ CFO Magazine Cambridge, Malcolm Kirby, and Doug Wilmsmeyer. evolve and encourage voluntary (Sept. 1999).
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2. Disclosures of Material Nonpublic judgments about disclosures,43 and that reviewed carefully to determine Information this vagueness would lead to litigation whether they are material: (1) Earnings The final regulation, like the proposal, and a chilling effect on corporate information; (2) mergers, acquisitions, 44 applies to disclosures of ‘‘material disclosure practices. These tender offers, joint ventures, or changes nonpublic’’ information about the issuer commenters offered a variety of in assets; (3) new products or or its securities. The regulation does not recommendations to address this issue. discoveries, or developments regarding define the terms ‘‘material’’ and Some commenters suggested that the customers or suppliers (e.g., the regulation include a bright-line standard ‘‘nonpublic,’’ but relies on existing acquisition or loss of a contract); (4) or other limitation on what was material definitions of these terms established in changes in control or in management; for purposes of Regulation FD, or the case law. Information is material if (5) change in auditors or auditor identify in the regulation an exclusive ‘‘there is a substantial likelihood that a notification that the issuer may no list of types of information covered.45 reasonable shareholder would consider longer rely on an auditor’s audit report; While we acknowledged in the it important’’ in making an investment (6) events regarding the issuer’s Proposing Release that materiality securities—e.g., defaults on senior decision.38 To fulfill the materiality judgments can be difficult, we do not securities, calls of securities for requirement, there must be a substantial believe an appropriate answer to this redemption, repurchase plans, stock likelihood that a fact ‘‘would have been difficulty is to set forth a bright-line test, splits or changes in dividends, changes viewed by the reasonable investor as or an exclusive list of ‘‘material’’ items to the rights of security holders, public having significantly altered the ‘total for purposes of Regulation FD. The or private sales of additional securities; mix’ of information made available.’’ 39 problem addressed by this regulation is and (7) bankruptcies or receiverships.47 Information is nonpublic if it has not the selective disclosure of corporate By including this list, we do not mean been disseminated in a manner making 40 information of various types; the general to imply that each of these items is per it available to investors generally. materiality standard has always been se material. The information and events The use of the materiality standard in understood to encompass the necessary on this list still require determinations Regulation FD was the subject of many flexibility to fit the circumstances of as to their materiality (although some comments. Some commenters supported each case. As the Supreme Court stated determinations will be reached more the use of the existing definition of in responding to a very similar easily than others). For example, some materiality, noting that attempts to argument: ‘‘A bright-line rule indeed is new products or contracts may clearly define materiality for purposes of easier to follow than a standard that be material to an issuer; yet that does Regulation FD could have implications requires the exercise of judgment in the not mean that all product developments beyond this regulation.41 Other light of all the circumstances. But ease or contracts will be material. This commenters, however, including of application alone is not an excuse for demonstrates, in our view, why no securities industry representatives, ignoring the purposes of the securities ‘‘bright-line’’ standard or list of items securities lawyers, and some issuers or acts and Congress’ policy decisions. can adequately address the range of issuer groups, stated that using a general Any approach that designates a single situations that may arise. Furthermore, materiality standard in the regulation fact or occurrence as always we do not and cannot create an would cause difficulties for issuer determinative of an inherently fact- exclusive list of events and information compliance.42 These commenters specific finding such as materiality, that have a higher probability of being claimed that materiality was too unclear must necessarily be over-or considered material. and complex a standard for issuer underinclusive.’’46 One common situation that raises personnel to use in making ‘‘real time’’ Other suggestions from commenters special concerns about selective included providing more interpretive disclosure has been the practice of 38 TSC Industries, Inc. v. Northway, Inc., 426 U.S. guidance about types of information or 438, 449 (1976); see Basic v. Levinson, 485 U.S. 224, securities analysts seeking ‘‘guidance’’ 231 (1988) (materiality with respect to contingent events that are more likely to be from issuers regarding earnings or speculative events will depend on a balancing of considered material. While it is not forecasts. When an issuer official both the indicated probability that the event will possible to create an exhaustive list, the engages in a private discussion with an occur and the anticipated magnitude of the event following items are some types of in light of the totality of company activity); see also analyst who is seeking guidance about Securities Act Rule 405, 17 CFR 230.405; Exchange information or events that should be earnings estimates, he or she takes on a Act Rule 12b–2, 17 CFR 240.12b–2; Staff high degree of risk under Regulation FD. Accounting Bulletin No. 99 (Aug. 12, 1999) (64 FR 43 See Letter of the American Bar Association. If the issuer official communicates 45150) (discussing materiality for purposes of 44 In the Proposing Release, we offered several selectively to the analyst nonpublic financial statements). suggestions for mitigating these concerns, 39 Id. including: (1) Designating a limited number of information that the company’s 40 See, e.g., Texas Gulf Sulphur, 401 F.2d 833, persons who are authorized to make a disclosures anticipated earnings will be higher than, 854 (2d Cir. 1968), cert, denied, 394 U.S. 976 (1969); or field inquiries from investors, analysts, and the lower than, or even the same as what In re Investors Management Co, 44 S.E.C. 633, 643 media; (2) keeping a record of communications with analysts have been forecasting, the (1971). For purposes of insider trading law, insiders analysts; (3) declining to answer sensitive questions must wait a ‘‘reasonable’’ time after disclosure until issuer personnel could consult with counsel; issuer likely will have violated before trading. What constitutes a reasonable time or (4) seeking time-limited ‘‘embargo’’ agreements Regulation FD. This is true whether the depends on the circumstances of the dissemination. from analysts in appropriate circumstances. Several information about earnings is Faberge, Inc., 45 S.E.C. 249, 255 (1973), citing Texas commenters believed that the first of these methods communicated expressly or through Gulf Sulphur, 401 F.2d at 854. was a useful practice, which was already in place indirect ‘‘guidance,’’ the meaning of 41 See, e.g., Letters of the Financial Executives at many issuers, but did not believe the other Institute and the North American Securities suggestions would be practical. We did not intend which is apparent though implied. Administrators Association. to suggest that issuers were required to implement Similarly, an issuer cannot render 42 See, e.g., Letters of the American Bar any of these practices, but only offered them as material information immaterial simply Association, the Association for Investment suggestions. by breaking it into ostensibly non- Management and Research, the Association of 45 See e.g., Letters of the American Bar Publicly Traded Companies, Bank One, Cleary Association, the Association of Publicly Traded material pieces. Gottlieb, Goldman Sachs, the Investment Company Companies, the Investment Company Institute, and Institute, the New York City Bar Association, the the DC Bar. 47 Compare NASD Rule IM–4120–1. Some of Securities Industry Association, and Sullivan and 46 Basic Inc. v. Levinson, 485 U.S. 224, 236 these items are currently covered in Form 8–K Cromwell. (1988). reporting requirements.
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At the same time, an issuer is not selective disclosure is ‘‘intentional’’ making the disclosure must know (or be prohibited from disclosing a non- when the issuer or person acting on reckless in not knowing) that he or she material piece of information to an behalf of the issuer making the would be communicating information analyst, even if, unbeknownst to the disclosure either knows, or is reckless in that was both material and nonpublic. issuer, that piece helps the analyst not knowing, prior to making the Thus, in the case of a selective complete a ‘‘mosaic’’ of information disclosure, that the information he or disclosure attributable to a mistaken that, taken together, is material. she is communicating is both material determination of materiality, liability Similarly, since materiality is an and nonpublic.51 A number of will arise only if no reasonable person objective test keyed to the reasonable commenters thought that the distinction under the circumstances would have investor, Regulation FD will not be between intentional and non-intentional made the same determination.57 As a implicated where an issuer discloses disclosures was appropriate.52 Others, result, the circumstances in which a immaterial information whose however, stated that the ‘‘intentional’’ selective disclosure is made may be significance is discerned by the analyst. standard should not include reckless important. We recognize, for example, Analysts can provide a valuable service conduct, because of the risk that this that a materiality judgment that might in sifting through and extracting standard, in hindsight, could be be reckless in the context of a prepared information that would not be interpreted as close to a negligence written statement would not necessarily significant to the ordinary investor to standard.53 Some commenters suggested be reckless in the context of an reach material conclusions. We do not that there be a safe harbor for good-faith impromptu answer to an unanticipated intend, by Regulation FD, to discourage efforts to comply with Regulation FD or question. this sort of activity. The focus of for good-faith determinations that b. ‘‘Prompt’’ Public Disclosure After Regulation FD is on whether the issuer information was not material.54 Non-intentional Selective Disclosures. discloses material nonpublic After considering these comments, we Under Rule 100(a)(2), when an issuer information, not on whether an analyst, have determined to adopt the makes a covered non-intentional through some combination of ‘‘intentional’’/non-intentional disclosure of material nonpublic persistence, knowledge, and insight, distinction essentially as proposed. By information, it is required to make regards as material information whose creating this distinction, Regulation FD public disclosure promptly. As significance is not apparent to the already provides greater flexibility as to proposed, Rule 101(d) defined reasonable investor. the timing of required disclosure in the ‘‘promptly’’ to mean ‘‘as soon as Finally, some commenters stated that event of erroneous judgments than do reasonably practicable’’ (but no later greater protection would be afforded to other issuer disclosure provisions under than 24 hours) after a senior official of issuers if we made clear that the the federal securities laws; it essentially the issuer learns of the disclosure and regulation’s requirement for incorporates the knowing or reckless knows (or is reckless in not knowing) ‘‘intentional’’ (knowing or reckless) mental state required for fraud into this that the information disclosed was both conduct also extended to the judgment disclosure provision. Since recklessness material and non-public. ‘‘Senior of whether the information disclosed suffices to meet the mental state official’’ was defined in the proposal as was material.48 We agree that this requirement even for purposes of the any executive officer of the issuer, any clarification is appropriate. As adopted, antifraud provisions,55 we believe it is director of the issuer, any investor Rule 101(a) states that a person acts appropriate to retain recklessness in relations officer or public relations ‘‘intentionally’’ only if the person Regulation FD’s definition of officer, or any employee possessing knows, or is reckless in not knowing, ‘‘intentional’’ as well. Further, in view equivalent functions. that the information he or she is of the definition of recklessness that is Commenters expressed varying views communicating is both material and prevalent in the federal courts,56 it is on the definition of ‘‘promptly’’ nonpublic.49 As commenters suggested, unlikely that issuers engaged in good- provided in the rule. Some said that the this aspect of the regulation provides time period provided for disclosure was faith efforts to comply with the 58 additional protection that issuers need appropriate; others said it was too regulation will be considered to have 59 not fear being second-guessed by the acted recklessly. short; and still others said that it was Commission in enforcement actions for As requested by several commenters, too specific, and should require mistaken judgments about materiality in moreover, we emphasize that the disclosure only as soon as reasonably 60 close cases. definition of ‘‘intentional’’ in Rule possible or practicable. We believe 101(a) requires that the individual that it is preferable for issuers and the 3. Intentional and Non-intentional investing public that there be a clear Selective Disclosures: Timing of 51 Rule 101(a). delineation of when ‘‘prompt’’ Required Public Disclosures 52 See e.g., Letters of the American Corporate disclosure is required. We also believe A key provision of Regulation FD is Counsel Association, Charles Schwab, and Dow that the 24-hour requirement strikes the that the timing of required public Chemical. appropriate balance between achieving 53 See, e.g., Letters of the American Society of broad, non-exclusionary disclosure and disclosure differs depending on whether Corporate Secretaries and Credit Suisse First the issuer has made an ‘‘intentional’’ Boston. permitting issuers time to determine selective disclosure or a selective 54 See, e.g., Letters of the American Society of disclosure that was not intentional. For Corporate Secretaries, the American Corporate 57 Of course, a pattern of ‘‘mistaken’’ judgments an ‘‘intentional’’ selective disclosure, Counsel Association, and J.P. Morgan. about materiality would make less credible the 55 See, e.g., Rolf v. Eastman Dillon & Co., 570 F.2d claim that any particular disclosure was not the issuer is required to publicly 38 (2d Cir.), cert. denied, 439 U.S. 1039 (1978); intentional. disclose the same information McLean v. Alexander, 599 F.2d 1190 (3d Cir. 1979); 58 See Letters of the Chicago Board Options simultaneously.50 Mansbach v. Prescott, Ball & Turben, 598 F.2d 1017 Exchange and Gretchen Sprigg Wisehart. a. Standard of ‘‘Intentional’’ Selective (6th Cir. 1979); SEC v. Carriba Air, Inc., 681 F.2d 59 See, e.g., Letters of Cleary Gottlieb, Credit Disclosure. Under the regulation, a 1318 (11th Cir. 1982). Suisse First Boston, Emerson Electric, and Morgan 56 See, Hollinger v. Titan Capital Corp., 914 F.2d Stanley Dean Witter. 1564 (9th Cir. 1990), cert. denied, 499 U.S. 976 60 See, e.g., Letters of the American Bar 48 See, e.g., Letter of Charles Schwab. (1991); Sundstrand Corp. v. Sun Chemical Corp., Association, the American Corporate Counsel 49 See also, Section II.B.3 below. 553 F.2d 1033 (7th Cir.), cert. denied, 434 U.S. 875 Association, the National Investor Relations 50 Rule 100(a)(1). (1977). Institute, and PR Newswire.
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They pointed out that because the issuer’s failure to comply with the affect any existing grounds for liability proposal did not contain any means to regulation will not affect whether the under Rule 10b–5. Thus, for example, alter that ineligibility, the issuer would issuer is considered current or, where liability for ‘‘tipping’’ and insider be disqualified from using Form S–2 or applicable, timely in its Exchange Act trading under Rule 10b–5 may still exist S–3 for at least a year from the date of reports for purposes of Form S–8, short- if a selective disclosure is made in the non-compliance with Regulation FD. form registration on Form S–2 or S–3 circumstances that meet the Dirks Commenters also noted that a failure to and Rule 144. ‘‘personal benefit’’ test.87 In addition, an file a required Form 8–K would render 7. Liability Issues issuer’s failure to make a public Rule 144 temporarily unavailable for We recognize that the prospect of disclosure still may give rise to liability resale of restricted and control under a ‘‘duty to correct’’ or ‘‘duty to securities, and Form S–8 temporarily private liability for violations of Regulation FD could contribute to a update’’ theory in certain unavailable for employee benefit plan 88 offerings.84 They pointed out that the ‘‘chilling effect’’ on issuer circumstances. And an issuer’s loss of Rule 144 would primarily communications. Issuers might refrain contacts with analysts may lead to penalize shareholders reselling or from some informal communications liability under the ‘‘entanglement’’ or attempting to resell securities. They also with outsiders if they feared that ‘‘adoption’’ theories.89 In addition, if an noted that the loss of Form S–8 could engaging in such communications, even issuer’s report or public disclosure have a detrimental effect on employees. when appropriate, would lead to their made under Regulation FD contained The reporting status requirements in being charged in private lawsuits with false or misleading information, or Forms S–2, S–3 and S–8 and Rule 144, violations of Regulation FD. omitted material information, Rule 102 the commenters argued, were not Accordingly, we emphasized in the would not provide protection from Rule intended to be linked to a system for Proposing Release that Regulation FD is 10b–5 liability. dissemination of discrete information an issuer disclosure rule that is Finally, if an issuer failed to comply outside of the traditional periodic designed to create duties only under with Regulation FD, it would be subject reporting obligations of companies. The Sections 13(a) and 15(d) of the Exchange to an SEC enforcement action alleging commenters were concerned that these Act and Section 30 of the Investment violations of Section 13(a) or 15(d) of consequences for the issuer and Company Act. It is not an antifraud rule, the Exchange Act (or, in the case of a investors may be unduly harsh and not and it is not designed to create new closed-end investment company, in line with the purposes of Regulation duties under the antifraud provisions of Section 30 of the Investment Company FD. the federal securities laws or in private We find merit in these concerns and rights of action.85 Act) and Regulation FD. We could bring are modifying this aspect of the Most commenters who addressed this an administrative action seeking a regulation. The purpose of Regulation point believed that our decision not to cease-and-desist order, or a civil action FD is to discourage selective disclosure create private liability for Regulation FD seeking an injunction and/or civil of material nonpublic information by violations was appropriate. Several money penalties.90 In appropriate cases, imposing a requirement to make the suggested, however, that the language in we could also bring an enforcement information available to the markets the Proposing Release offered action against an individual at the issuer generally when it has been made insufficient protection from private responsible for the violation, either as available to a select few. We agree that lawsuits. In response to these ‘‘a cause of’’ the violation in a cease- the purpose is not well served by comments, we have added to Regulation and-desist proceeding,91 or as an aider negatively affecting a company’s ability FD a new Rule 102, which expressly and abetter of the violation in an to access the capital markets. Nor is it provides that no failure to make a public injunctive action.92 well served by penalizing the disclosure required solely by Regulation shareholders or employees of the FD shall be deemed to be a violation of 87 See SEC v. Phillip J. Stevens, supra note 7. company. As discussed below, we have Rule 10b–5.86 This provision makes 88 See generally Backman v. Polaroid Corp., 910 other adequate enforcement remedies clear that Regulation FD does not create F.2d 10 (1st Cir. 1990) (en banc); In re Phillips that will provide a proportionate a new duty for purposes of Rule 10b– Petroleum Sec. Litig., 881 F.2d 1236 (3d Cir. 1989). response for a violation and will have 89 See, e.g., Elkind v. Ligget & Myers, Inc., 635 5 liability. Accordingly, private F.2d 156 (2d Cir. 1980); In the Matter of Presstek, the desired effect on compliance. To plaintiffs cannot rely on an issuer’s Inc., Exchange Act Release No. 39472 (Dec. 22, implement our approach, Rule 103 of violation of Regulation FD as a basis for 1997). the regulation as adopted states that an a private action alleging Rule 10b–5 90 Regulation FD does not expressly require issuers to adopt policies and procedures to avoid violations. violations, but we expect that most issuers will use Securities Industry Association; and Sullivan & Rule 102 is designed to exclude Rule Cromwell. appropriate disclosure policies as a safeguard 10b–5 liability for cases that would be against selective disclosure. We are aware that Form S–3 requires that the issuer be cureent and timely in filing its reports under Sections 13, 14 and based ‘‘solely’’ on a failure to make a many, if not most, issuers already have policies and 15(d) for a period of at least 12 calendar months public disclosure required by procedures regarding disclosure practices, the dissemination of material information, and the prior to filing the registration statement. Form S– Regulation FD. As such, it does not 2 requires the same except that the issuer must be question of which issuer personnel are authorized current in its reporting for the last 36 calendar to speak to analysts, the media, or investors. The months. 85 In addition, because a violation of Regulation existence of an appropriate policy, and the issuer’s 84 Rule 144 requires that for such a resale to be FD is not an antifraud violation, it would not lead general adherence to it, may often be relevant to valid the issuer of the securities must have made to loss of the safe harbor for forward looking determining the issuer’s intent with regard to a all filings required under the Exchange Act during statements provided by the Private Securities selective disclosure. the preceeding 12 months. Form S–8 requires that Litigation Reform Act of 1995, Pub. L. No. 104–67, 91 Section 21C of the Exchange Act, 15 U.S.C. the issuer be current in its reporting for the last 12 109 Stat. 737. See Securities Act Section 27A(b), 15 78u–3. A failure to file or otherwise make required calendar months (or for such shorter period that the U.S.C. 77z–2(b); and Exchange Act Section 21E(b), public disclosure under Regulation FD will be issuer was required to file such reports and 15 U.S.C. 78u–5(b). considered a violation for as long as the failure materials). Rule 144 and Form S–8 eligibility would 86 This provision is limited to Regulation FD continues; in our enforcement actions, we likely have been lost from the time of the failure to disclosure requirements and should be will seek more severe sanctions for violations that comply with Regulation FD until the company distinguished from other reporting requirements continue for a longer period of time. disclosed the information under the terms of the under Section 13(a) or 15(d) which do create a duty 92 Section 20(e) of the Exchange Act, 15 U.S.C. regulation. to disclose for purposes of Rule 10b–5. 78t(e).
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III. Insider Trading Rules addressed the issue but reached Section 10(b) of the Exchange Act,100 97 As discussed in the Proposing different results. and that we therefore lack the authority 101 Release, the prohibitions against insider As discussed more fully in the to promulgate the rule. These trading in our securities laws play an Proposing Release, in our view, the comments misconstrue the intent and essential role in maintaining the goals of insider trading prohibitions— effect of the rule. As discussed in the fairness, health, and integrity of our protecting investors and the integrity of Proposing Release and expressly stated markets. We have long recognized that securities markets—are best in the Preliminary Note, Rule 10b5–1 is the fundamental unfairness of insider accomplished by a standard closer to designed to address only the use/ the ‘‘knowing possession’’ standard than possession issue in insider trading cases trading harms not only individual 98 investors but also the very foundations to the ‘‘use’’ standard. At the same under Rule 10b–5. The rule does not of our markets, by undermining investor time, we recognize that an absolute modify or address any other aspect of confidence in the integrity of the standard based on knowing possession, insider trading law, which has been markets. Congress, by enacting two or awareness, could be overbroad in established by case law. Scienter separate laws providing enhanced some respects. The new rule attempts to remains a necessary element for liability penalties for insider trading, has balance these considerations by means under Section 10(b) of the Exchange Act expressed its strong support for our of a general rule based on ‘‘awareness’’ and Rule 10b–5 thereunder, and Rule insider trading enforcement program.93 of the material nonpublic information, 10b5–1 does not change this. with several carefully enumerated And the Supreme Court in United States 2. Provisions of Rule 10b5–1 v. O’Hagan has recently endorsed a key affirmative defenses. This approach will We are adopting, as proposed, the component of insider trading law, the better enable insiders and issuers to general rule set forth in Rule 10b5–1(a), ‘‘misappropriation’’ theory, as conduct themselves in accordance with and the definition of ‘‘on the basis of’’ consistent with the ‘‘animating the law. While many of the commenters on material nonpublic information in Rule purpose’’ of the federal securities laws: Rule 10b5–1 supported our goals of 10b5–1(b). A trade is on the basis of ‘‘to insure honest securities markets and providing greater clarity in the area of material nonpublic information if the thereby promote investor insider trading law, some suggested trader was aware of the material, confidence.’’ 94 alternative approaches to achieving nonpublic information when the person As discussed more fully in the these goals. In that regard, a common made the purchase or sale. Proposing Release, insider trading law comment was that the rule should not Some commenters stated that a use has developed on a case-by-case basis rely on exclusive affirmative defenses. standard would be preferable,102 or under the antifraud provisions of the Commenters suggested that we should suggested that the rule instead state that federal securities laws, primarily either redesignate the affirmative awareness of the information should Section 10(b) of the Exchange Act and defenses as non-exclusive safe harbors give rise to a presumption of use.103 As Rule 10b–5. As a result, from time to or add a catch-all defense to allow a noted above, we believe that awareness, time there have been issues on which defendant to show that he or she did not rather than use, most effectively serves various courts disagreed. Rules 10b5–1 use the information.99 the fundamental goal of insider trading and 10b5–2 resolve two such issues. We believe the approach we proposed law—protecting investor confidence in A. Rule 10b5–1: Trading ‘‘On the Basis is appropriate. In our view, adding a market integrity. The awareness Of’’ Material Nonpublic Information catch-all defense or redesignating the standard reflects the common sense affirmative defenses as non-exclusive notion that a trader who is aware of 1. Background safe harbors would effectively negate inside information when making a As discussed in the Proposing the clarity and certainty that the rule trading decision inevitably makes use of Release, one unsettled issue in insider attempts to provide. Because we believe the information.104 Additionally, a clear trading law has been what, if any, causal that an awareness standard better serves awareness standard will provide greater connection must be shown between the the goals of insider trading law, the rule clarity and certainty than a presumption trader’s possession of inside information as adopted employs an awareness or ‘‘strong inference’’ approach.105 and his or her trading. In enforcement standard with carefully enumerated Accordingly, we have determined to cases, we have argued that a trader may affirmative defenses. As discussed adopt the awareness standard as be liable for trading while in ‘‘knowing below, however, we have somewhat proposed. possession’’ of the information. The modified these defenses in response to The proposed affirmative defenses contrary view is that a trader is not comments that they were too narrow or generated a substantial number of liable unless it is shown that he or she rigid, and that additional ones were ‘‘used’’ the information for trading. 100 Ernst & Ernst v. Hochfelder, 425 U.S. 185 necessary. (1976); Chiarella v. United States, 445 U.S. 222 Until recent years, there has been little Some commenters stated that an (1980). case law discussing this issue. Although awareness standard might eliminate the 101 See Letters of the American Bar Association the Supreme Court has variously element of scienter from insider trading and Sullivan and Cromwell. described an insider’s violations as cases, contrary to the requirements of 102 See, e.g., Letters of the American Bar 95 96 Association, the New York City Bar Association, the trading ‘‘on’’ or ‘‘on the basis of’’ Investment Company Institute, the DC Bar, and material nonpublic information, it has 97 Compare United States v. Teicher, 987 F.2d Sullivan and Cromwell. not addressed the use/possession issue. 112, 120–21 (2d Cir.), cert. denied, 510 U.S. 976 103 Letters of the american Society of Corporate Three recent courts of appeals cases (1993) (suggesting that ‘‘knowing possession’’ is Secretaries and Brobeck Phleger & Harrison. sufficient) with SEC v. Adler, 137 F.3d 1325, 1337 104 See Teicher, 987 F.2d at 120. (11th Cir. 1998) (‘‘use’’ required, but proof of 105 93 Insider Trading Sanctions Act of 1984, Pub. L. Some commenters stated that ‘‘aware’’ was an possession provides strong inference of use) and unclear term that may be interpreted to mean No. 98–376, 98 Stat. 1264; Insider Trading and United States v. Smith, 155 F.3d 1051, 1069 & n.27 something less than ‘‘knowing possession.’’ We Securities Fraud Enforcement Act of 1988, Pub. L. (9th Cir. 1998), cert. denied, 525 U.S. 1071 (1999) disagree. ‘‘Aware’’ is a commonly used and well- No. 100–704, 102 Stat. 4677. (requiring that ‘‘use’’ be proven in a criminal case). defined English word, meaning ‘‘having knowledge; 94 United States v. O’Hagan, 521 U.S. 642, 658 98 See Proposing Release at part III.A.1. conscious; cognizant.’’ We believe that ‘‘awareness’’ (1997). 99 See, e.g., Letters of the Securities Industry has a much clearer meaning that ‘‘knowing 95 See Dirks v. SEC, 463 U.S. 646, 654 (1983). Association, the American Bar Association, possession,’’ which has not been defined by case 96 See O’Hagan, 521 U.S. at 651–52. Sullivan and Cromwell, and the DC Bar. law.
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2. Costs without violating the prohibition against competitive footing with respect to The rule does not require any insider trading. By addressing this access to material information. Analysts particular documentation or potential gap in the law, the rule will will continue to be able to use and recordkeeping by insiders, although it enhance investor confidence in the benefit from superior diligence or would, in some cases, require a person integrity of the market. acumen, without facing the prospect that other analysts will have a to document a particular plan, contract, 2. Costs or instruction for trading if he or she competitive edge simply because they We do not attribute any costs to Rule wished to demonstrate an exclusion have been favored with selective 10b5–2 and no commenter suggested from the rule. Some commenters disclosure. Additionally, analysts will otherwise. suggested that the proposed affirmative be able to express their honest opinions defenses did not allow for certain VI. Consideration of Impact on the without fear of being denied access to commonly used mechanisms for trading Economy, Burden on Competition, and material corporate information. Some commenters also suggested that securities, such as issuer repurchase Promotion of Efficiency, Competition, it would be anti-competitive and unfair plans. If the rule prohibited, for and Capital Formation to exempt ratings agencies and/or the example, issuers from repurchasing Sections 2(b) of the Securities Act, 3(f) news media from the regulation’s their securities, a cost might have of the Exchange Act, and 2(c) of the coverage.179 According to these resulted. As discussed elsewhere in this Investment Company Act require the commenters, reporters are competitors Release, however, we have modified the Commission, when engaging in of analysts. We believe that there is a rule to provide appropriate flexibility to rulemaking that requires it to consider significant difference between analysts persons who wish to structure securities or determine whether an action is and news reporters, and therefore trading plans and strategies when they necessary or appropriate in the public disagree with this comment. Reporters are not aware of material nonpublic interest, also to consider whether the gather information for the purpose of information. Any entity that sought to action will promote efficiency, reporting the news and informing the rely on the affirmative defense in competition, and capital formation. As public; generally, their reports are paragraph (c)(2) for institutional traders discussed above, we believe that widely disseminated. Similarly, ratings would be required to comply with the Regulation FD and Rules 10b5–1 and agencies make their ratings reports specific provisions of that paragraph, 10b5–2 will bolster investor confidence public when completed. Analysts, by including implementing reasonable in the integrity of the markets and the contrast, gather and report information policies and procedures to prevent fairness of the disclosure process. By to be used for securities trading; their insider trading. We believe that most enhancing investor confidence and reports are typically available to a entities to whom this affirmative participation in the markets, these rules limited, usually paying, audience. defense would be relevant—i.e., broker- should increase liquidity and help to As discussed more fully above, we dealers and investment advisers— reduce the costs of capital. Accordingly, have decided to exclude foreign private already have procedures in place, the proposals should promote capital issuers from the Regulation FD because of existing statutory 177 175 formation and market efficiency. disclosure requirements in light of the requirements. Thus, as adopted, we Section 23(a) of the Exchange Act fact that the Commission will be do not believe that any costs that may requires the Commission, when undertaking a comprehensive review of be imposed by Rule 10b5–1 will be 176 adopting rules under the Exchange Act, the reporting requirements of foreign significant. to consider the impact on competition private issuers. To the extent any anti- C. Rule 10b5–2: Duties of Trust or of any rule it adopts. Several competitive effect may arise from Confidence in Misappropriation Insider commenters suggested that Regulation exempting foreign private issuers from Trading Cases FD might have some effects on the regulation, we believe any such competition. One commenter suggested burden would be necessary and 1. Benefits that the regulation would have a appropriate for the protection of Rule 10b5–2 enumerates three non- negative effect on competition because investors. Overall, we do not believe exclusive bases for determining when a analysts operating independently of, that the regulation and rules will have person receiving information is subject and in competition with, each other can any anti-competitive effects. to a ‘‘duty of trust or confidence’’ for more effectively pursue an independent VII. Final Regulatory Flexibility purposes of the misappropriation theory line of inquiry and ferret out negative Analysis of insider trading. Two principal information that management would benefits are likely to result from this rather not disclose. According to this This Final Regulatory Flexibility rule. First, the rule will provide greater commenter, ‘‘[l]eveling the playing field Analysis (‘‘FRFA’’) has been prepared in clarity and certainty to the law on the for analysts, as among themselves and accordance with the Regulatory question of when a family relationship vis-a-vis the general public, will Flexibility Act (‘‘RFA’’). It relates to will create a duty of trust or confidence. undermine the great advantages of the Regulation FD, Rule 10b5–1, and Rule Second, the rule will address an current system.’’ 178 We disagree. We 10b5–2 under the Exchange Act, as anomaly in current law under which a believe, to the contrary, that the amended. The regulation and rules family member receiving material regulation will encourage competition address the selective disclosure of nonpublic information may exploit it because it places all analysts on equal material nonpublic information and clarify two unsettled issues under 175 See Section 15(f) of the Exchange Act (15 177 We find that the exemption of issuers from the current insider trading law. U.S.C. 78o(f)) and Section 204A of the Investment obligation to make public disclosure by furnishing Advisers Act (15 U.S.C. 80b–4a). or filing Forms 8–K on the condition that they A. Need for the Regulation and Rules 176 In the Proposing Release, we asked whether disseminate the information through another The new regulation and rules address we should require that contracts, instructions, or method that is reasonably designed to provide trading plans be approved by counsel. Commenters broad, non-exclusionary distribution is necessary or three separate issues. Regulation FD noted that such a requirement would impose costs. appropriate in the public interest and is consistent As adopted, the rule does not impose this with the protection of investors. 179 Letters of the Securities Industry Association requirement. 178 Letter of the Securities Industry Association. and Joseph McLaughlin.
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1,500 investment advisers that may be procedures to prevent insider trading. furnishing a Form 8–K, issuing a press considered small entities.189 We We believe that most entities to whom release, holding a conference call estimate that there are approximately this affirmative defense would be transmitted telephonically or over the 241 investment companies that may be relevant—i.e., broker-dealers and Internet, etc.). We do not believe considered small entities.190 The investment advisers—already have different performance standards for Commission cannot estimate with procedures in place, because of existing small entities would be consistent with certainty how many small entities statutory requirements.191 the purpose of Regulation FD. engage in securities trading while aware We have made a number of changes of inside information and no comments 3. Rule 10b5–2 to proposed Regulation FD that we were received on this point. Rule 10b5–2 affects individuals and believe decrease its impact on all not entities. Accordingly, we believe issuers, including small entity issuers. D. Projected Reporting, Recordkeeping, that Rule 10b5–2 would not have a First, we have narrowed the scope of and Other Compliance Requirements significant economic impact on a communications covered by Regulation 1. Regulation FD substantial number of small entities. FD so it does not apply to all communications to persons outside the When an issuer, large or small, E. Agency Action To Minimize Effect on issuer. As revised, the regulation applies discloses material nonpublic Small Entities only to communications made to information, Regulation FD requires it to securities market professionals and to file or furnish a Form 8–K, or to As required by Sections 603 and 604 holders of the issuer’s securities under otherwise make public disclosure of of the RFA, the Commission has circumstances in which it is reasonably information through another method (or considered the following alternatives to combination of methods) of disclosure minimize the economic impact of foreseeable that the security holder will that is reasonably designed to provide Regulation FD and Rule 10b5–1 on trade on the basis of the information. Second, we have narrowed the broad, non-exclusionary distribution of small entities: (a) The establishment of definition of ‘‘person acting on behalf of the information to the public. differing compliance or reporting The regulation’s ‘‘public disclosure’’ requirements or timetables that take into the issuer’’ to senior officials and those requirement would give small entity account the resources available to small persons who normally would be issuers flexibility in how to disseminate entities; (b) the clarification, expected to communicate with information (such as via telephonic or consolidation, or simplification of securities market professionals or with Internet conference calls). This flexible compliance and reporting requirements holders of the issuer’s securities. performance element enables small under the regulation and the rule for Third, to remove any doubt that entity issuers the freedom to select the small entities; (c) the use of performance private liability will not result from a method (or combination of methods) of rather than design standards; and (d) an Regulation FD violation, we have added public disclosure that best suits their exemption from coverage of the an express provision in the regulation business operations while achieving regulation or rule, or any part thereof, text that a failure to make a disclosure broad dissemination of the information. for small entities. required solely by Regulation FD will Accordingly, we do not think the With respect to Regulation FD, we not result in a violation of Rule 10b–5. Fourth, to clarify that a reasonable, requirement will have a continue to believe that different disproportionate affect on small entity compliance or reporting requirements or but mistaken, determination that issuers. In addition, by allowing an timetables for small entities would information was not material will not be issuer to use a method ‘‘or combination interfere with achieving the primary second-guessed, the regulation text has of methods’’ of disclosure, Regulation goal of protecting investors. For the been revised to provide that the FD recognizes that it may not always be same reason, we believe that exempting materiality determination is subject to a possible for an issuer to rely on a single small entities from coverage of recklessness standard. Fifth, Regulation FD has been revised method of disclosure as reasonably Regulation FD, in whole or part, is not so that a failure to comply with its designed to effect broad non- appropriate. In addition, we have exclusionary public disclosure. concluded that it is not feasible to provisions will not disqualify an issuer further clarify, consolidate, or simplify from use of short-form registration for 2. Rule 10b5–1 the regulation for small entities. We securities offerings or affect security Rule 10b5–1 does not directly impose have, however, used performance holders’ ability to resell under any recordkeeping or compliance elements in Regulation FD in two ways. Securities Act Rule 144. requirements on small entities. To the Regulation FD does not require that an Sixth, Regulation FD has been revised extent that an entity engaged in issuer satisfy its obligations in to exclude communications made in securities trading wished to rely on an accordance with any specific design, but connection with most securities affirmative defense, it might document rather allows each issuer, including offerings registered under the Securities the existence of a pre-existing plan to small entities, flexibility to select the Act. With respect to Rule 10b5–1, we trade. More generally, any entity, large method (or combination of methods) of continue to believe that different or small, that sought to rely on the compliance that is most efficient and compliance requirements for small affirmative defense in paragraph (c)(2) appropriate for its business operations. entities would interfere with achieving for institutional traders would be First, each issuer can select what the primary goal of protecting investors. required to comply with the specific method(s) to use to avoid selective For the same reason, we believe that provisions of that paragraph, including disclosure (e.g., by designating which exempting small entities from coverage implementing reasonable policies and authorized official(s) will speak with of Rule 10b5–1, in whole or part, is not analysts). Second, each issuer can 189 appropriate. In addition, we have The Commission bases its estimate on choose what method(s) to use for information from the Commission’s database of concluded that it is not feasible to ‘‘public disclosure’’ (e.g., filing or registration information. further clarify, consolidate, or simplify 190 The Commission bases its estimate on the rule for small entities. First, the information from Lipper Directors’ Analytical Data 191 See Section 15(f) of the Exchange Act (15 and reports investment companies file with the U.S.C. 78o(f)) and Section 204A of the Investment aspects of Rule 10b5–1 that indirectly Commission on Form N–SAR. Advisers Act (15 U.S.C. 80b–4a). involve compliance requirements are for
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(c) Person acting on behalf of an (i) If covered by Rule 415(a)(1)(x) § 249.308 [Amended] issuer. ‘‘Person acting on behalf of an (§ 230.415(a)(1)(x) of this chapter), 6. Section 249.308 is amended by issuer’’ means any senior official of the commences when the issuer makes its revising the phrase ‘‘Rule 13a–11 or issuer (or, in the case of a closed-end first bona fide offer in a takedown of Rule 15d–11 (§ 240.13a–11 or investment company, a senior official of securities and continues until the later § 240.15d–11 of this chapter)’’ to read the issuer’s investment adviser), or any of the end of the period during which ‘‘Rule 13a–11 or Rule 15d–11 other officer, employee, or agent of an each dealer must deliver a prospectus or (§ 240.13a–11 or § 240.15d–11 of this issuer who regularly communicates the sale of the securities in that chapter) and for reports of nonpublic with any person described in takedown (unless the takedown is information required to be disclosed by § 243.100(b)(1)(i), (ii), or (iii), or with sooner terminated); Regulation FD (§§ 243.100 and 243.101 holders of the issuer’s securities. An (ii) If a business combination as of this chapter)’’. officer, director, employee, or agent of defined in Rule 165(f)(1) (§ 230.165(f)(1) 7. Form 8–K (referenced in § 249.308) an issuer who discloses material of this chapter), commences when the is amended: nonpublic information in breach of a first public announcement of the a. in General Instruction A, by duty of trust or confidence to the issuer transaction is made and continues until revising the phrase ‘‘Rule 13a–11 or shall not be considered to be acting on the completion of the vote or the Rule 15d–11’’ to read ‘‘Rule 13a–11 or behalf of the issuer. expiration of the tender offer, as Rule 15d–11, and for reports of (d) Promptly. ‘‘Promptly’’ means as nonpublic information required to be soon as reasonably practicable (but in applicable (unless the transaction is sooner terminated); disclosed by Regulation FD (17 CFR no event after the later of 24 hours or 243.100 and 243.101)’’. the commencement of the next day’s (iii) If an offering other than those b. by adding one sentence to the end trading on the New York Stock specified in paragraphs (a) and (b) of of paragraph 1 of General Instruction B; Exchange) after a senior official of the this section, commences when the c. in General Instruction B, by adding issuer (or, in the case of a closed-end issuer files a registration statement and a new paragraph 2; investment company, a senior official of continues until the later of the end of d. in General Instruction B.4., by the issuer’s investment adviser) learns the period during which each dealer revising the phrase ‘‘other events of that there has been a non-intentional must deliver a prospectus or the sale of material importance pursuant to Item disclosure by the issuer or person acting the securities (unless the offering is 5,’’ to read ‘‘other events of material on behalf of the issuer of information sooner terminated). importance pursuant to Item 5 and of that the senior official knows, or is § 243.102 No effect on antifraud liability. information pursuant to Item 9,’’; reckless in not knowing, is both material e. in General Instruction B. by adding and nonpublic. No failure to make a public disclosure a new paragraph 5; (e) Public disclosure. (1) Except as required solely by § 243.100 shall be f. in Item 5 of Information to be provided in paragraph (e)(2) of this deemed to be a violation of Rule 10b– Included in the Report by adding a new section, an issuer shall make the ‘‘public 5 (17 CFR 240.10b–5) under the sentence at the end of the paragraph; disclosure’’ of information required by Securities Exchange Act. g. by adding a new Item 9 under § 243.100(a) by furnishing to or filing ‘‘Information to be Included in the with the Commission a Form 8–K (17 § 243.103 No effect on Exchange Act Report’’, to read as follows: CFR 249.308) disclosing that reporting status. Note: The text of Form 8–K does not, and information. A failure to make a public disclosure these amendments will not, appear in the (2) An issuer shall be exempt from the required solely by § 243.100 shall not Code of Federal Regulations. requirement to furnish or file a Form 8– affect whether: K if it instead disseminates the Form 8–K information through another method (or (a) For purposes of Forms S–2 (17 * * * * * combination of methods) of disclosure CFR 239.12), S–3 (17 CFR 239.13) and General Instructions that is reasonably designed to provide S–8 (17 CFR 239.16b) under the broad, non-exclusionary distribution of Securities Act, an issuer is deemed to * * * * * have filed all the material required to be the information to the public. B. Events To Be Reported and Time for (f) Senior official. ‘‘Senior official’’ filed pursuant to Section 13 or 15(d) of Filing of Reports means any director, executive officer (as the Securities Exchange Act of 1934 (15 defined in § 240.3b–7 of this chapter), U.S.C. 78m or 78o(d)) or, where 1. * * * A registrant either furnishing investor relations or public relations applicable, has made those filings in a a report on this form under Item 9 or officer, or other person with similar timely manner; or electing to file a report on this form functions. (b) There is adequate current public under Item 5 solely to satisfy its (g) Securities offering. For purposes of information about the issuer for obligations under Regulation FD (17 § 243.100(b)(2)(iv): purposes of § 230.144(c) of this chapter CFR 243.100 and 243.101) must furnish (1) Underwritten offerings. A (Rule 144(c)). such report or make such filing in securities offering that is underwritten accordance with the requirements of commences when the issuer reaches an PART 249ÐFORMS, SECURITIES Rule 100(a) of Regulation FD (17 CFR understanding with the broker-dealer EXCHANGE ACT OF 1934 243.100(a)). that is to act as managing underwriter 2. The information in a report and continues until the later of the end furnished pursuant to Item 9 shall not 5. The authority citation for Part 249 of the period during which a dealer be deemed to be ‘‘filed’’ for the purposes is amended by adding the following must deliver a prospectus or the sale of of Section 18 of the Exchange Act or citations: the securities (unless the offering is otherwise subject to the liabilities of sooner terminated); Authority: 15 U.S.C. 78a, et seq., unless that section, except if the registrant (2) Non-underwritten offerings. A otherwise noted; Section 249.308 is also specifically states that the information is securities offering that is not issued under 15 U.S.C. 80a–29. to be considered ‘‘filed’’ under the underwritten: * * * * * Exchange Act or incorporates it by
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Part V
Department of Transportation Federal Aviation Administration
14 CFR Parts 121, 125 Revisions to Digital Flight Data Recorder Requirements for Airbus Airplanes; Final Rule
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DEPARTMENT OF TRANSPORTATION February 26, 1979), however, provide documents should request from the that, to the maximum extent possible, above office a copy of Advisory Circular Federal Aviation Administration operating administrations for the DOT No. 11–2A, Notice of Proposed should provide an opportunity for Rulemaking Distribution System, that 14 CFR Parts 121, 125 public comment on regulations issued describes the application procedure. without prior notice. Accordingly, [Docket No. FAA±2000±7830; Amendment Small Business Regulatory Enforcement interested persons are invited to Nos. 121±278 & 125±34] Fairness Act participate in this rulemaking by RIN 2120±AH08 submitting such written data, views, or The Small Business Regulatory arguments, as they may desire. Enforcement Fairness Act (SBREFA) of Revisions to Digital Flight Data Comments relating to environmental, 1996, requires the FAA to comply with Recorder Requirements for Airbus energy, federalism, or international small entity requests for information or Airplanes trade impacts that might result from this advice about compliance with statutes AGENCY: Federal Aviation amendment also are invited. Comments and regulations within its jurisdiction. Administration (FAA), DOT. must include the regulatory docket or Therefore, any small entity that has a question regarding this document may ACTION: Final rule; request for amendment number and must be contact their local FAA official. Internet comments. submitted in duplicate to the address above. All comments received, as well users can find additional information on SUMMARY: This action amends the flight as a report summarizing each SBREFA on the FAA’s web page at data recorder regulations by adding substantive public contact with FAA http://www.faa.gov/avr/arm/sbrefa.htm language to allow certain Airbus personnel on this rulemaking, will be and may send electronic inquiries to the airplanes to record certain data filed in the public docket. The docket is following Internet address: 9–AWA– parameters using resolution available for public inspection before [email protected]. requirements that differ slightly from and after the comment closing date. Background the current regulation. This amendment The FAA will consider all comments is necessary because the Airbus received on or before the closing date Statement of the Problem airplanes are unable to record certain for comments. Late filed comments will After the amendments to the DFDR flight parameters under the existing be considered to the extent practicable. requirements became effective on criteria without undergoing unintended This final rule may be amended in light August 18, 1997 (62 FR 38362), the FAA and expensive retrofit. of the comments received. began receiving telephone inquiries, DATES: This final rule is effective August Commenters who want the FAA to requests for meetings, and petitions for 18, 2000. acknowledge receipt of their comments exemption from Airbus Industrie Comments must be submitted on or submitted in response to this final rule (Airbus) concerning the economic before September 25, 2000. must include a preaddressed, stamped impact of the amendments on certain postcard with those comments on which ADDRESSES: Comments on this final rule Airbus airplanes. Airbus claimed that in should be mailed or delivered, in the following statement is made: order to comply with the new DFDR duplicate to: U.S. Department of ‘‘Comments to Docket No. FAA–2000– recording requirements of 14 CFR Transportation Dockets, Docket No. 7830. The postcard will be date-stamped Appendix M, its A300 B2/B4 series, FAA–2000–7830, 400 Seventh Street, by the FAA and mailed to the A318/A319/A320/A321 series, and its SW, Room Plaza 401, Washington, DC commenter. A330/A340 series airplanes would have 20590. You may also submit comments Availability of Final Rule to undergo major equipment retrofits. through the internet to http:// During the rulemaking, the FAA had An electronic copy of this document stated that the rule was being tailored to dms.dot.gov. You may review the public may be downloaded using a modem and docket containing comments to these avoid major equipment retrofits. suitable communications software from The digital flight data recorders proposed regulations in person in the the FAA regulations section of the Dockets Office between 9:00 a.m. and (DFDRs) in the affected Airbus airplanes Fedworld electronic bulletin board already record the required parameters, 5:00 p.m., Monday through Friday, service (telephone: (703) 321–3339), or except Federal holidays. The Dockets but some of the resolution and sampling the Government Printing Office’s (GPO) intervals for certain parameters differ Office is on the plaza level of the electronic bulletin board service slightly from those required by NASSIF Building at the Department of (telephone: (202) 512–1661). Appendix M. Airbus noted this Transportation at the above address. Internet users may reach the FAA’s difference in its comment to the NPRM, Also, you may review public dockets on web page at http://www.faa.gov/avr/ but the comment was not fully the Internet at http://dms.dot.gov. arm/nprm/nprm.htm, or the addressed in the preamble to the final FOR FURTHER INFORMATION CONTACT: Gary Government Printing Office’s webpage rule, issued in August 1997. E. Davis, Air Transportation Division at http://www.access.gpo.gov/nara for (AFS–201), Flight Standards Service, access to recently published rulemaking History of Amendments to DFDR Federal Aviation Administration, 800 documents. Requirements Independence Avenue, SW., Any person may obtain a copy of this On February 22, 1995, the NTSB Washington, DC 20591, telephone (202) final rule by submitting a request to the recommended that the FAA require 267–8166. Federal Aviation Administration, Office upgrades of the flight data recorders SUPPLEMENTARY INFORMATION: of Rulemaking, ARM–1, 800 installed on certain airplanes to record Independence Avenue, SW, certain additional parameters not Comments Invited Washington, DC 20591, or by calling required by the current regulations. Two This final rule is being adopted (202) 267–9680. Communications must of the recommendations made by the without prior notice and prior public identify the notice number or docket NTSB affected the subject Airbus comment. The Regulatory Policies and number of this rule. airplanes: Procedures of the Department of Persons interested in being placed on Recommendation No. A–95–26. Transportation (DOT) (44 FR 1134; the mailing list for future rulemaking Amend, by December 31, 1995, 14 CFR
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§§ 121.343, 125.225, and 135.152 to order to comply with the requirements Parameter 37, Drift Angle, is required require that Boeing 727 airplanes, for DFDR upgrades. to have a resolution of 0.1 degrees by Lockheed L–1011 airplanes, and all The FAA believes that had it fully the present regulation, and is transport category airplanes operated understood the overall impact the final implemented as 0.352 degrees; under 14 CFR Parts 121, 125, or 135 rule would place on operators of Airbus Parameter 42, Throttle/power lever whose type certificates apply to airplanes, it would have made specific position (A330/340 Series), is required airplanes still in production, be provisions to reduce or eliminate that to have a resolution of 2% by the equipped to record on a flight data impact in the final rule. present regulation, and is implemented recorder system, as a minimum, the Petitions for Exemption and Rulemaking as 3.27% of full range for throttle lever parameters listed in ‘‘Proposed angle (TLA); for reverse thrust, reverse Minimum FDR Parameter Requirements On April 9, 1998, Airbus petitioned throttle lever angle (RLA) resolution is for Airplanes in Service’’ plus any other the FAA, on behalf of operators of nonlinear over the active reverse thrust parameters required by current Airbus aircraft, for permanent range, which is 51.54 degrees to 96.14 regulations applicable to each exemptions from part 121, Appendix M, degrees. The resolved element is 2.8 individual airplane. Specify that the and Part 125, Appendix E. Airbus degrees uniformly over the entire active airplanes be so equipped by January 1, requested that the A318/A319/320/321 reverse thrust range, or 2.9% of the full 1998, or by the later date when they series aircraft and A330/A340 series range value of 96.14 degrees; aircraft be exempted from the recording meet Stage 3 noise requirements but, For A318/A319/320/321 Series Aircraft regardless of Stage 3 compliance status, resolution requirements and be allowed no later than December 31, 1999. to record alternatives for several Parameter 42, Throttle/power lever (Classified as Class II, Priority Action) parameters. On August 24, 1999, FAA position, is required to have a resolution published a final rule (64 FR 46117) Recommendation No. A–95–27. of 2%, but is implemented as 4.32% of addressing those requests, which have Amend, by December 31, 1995, 14 CFR full range; been incorporated into the Appendices Parameter 57, Thrust command (EPR, 121.343, 125.225, and 135.152 to require to Part 121 and Part 125 as a series of for International Aero Engines only) is that all airplanes operated under 14 CFR 13 footnotes. required to have a resolution of 2%, but Parts 121, 125, or 135, having 10 or In a letter dated May 24, 2000, Airbus is implemented at 2.58%. more seats, and for which an original filed a petition for rulemaking that airworthiness certificate is received after requested correction of an additional FAA Determinations December 31, 1996, record the parameter (parameter 9 Thrust/power of The FAA has previously determined parameters listed in ‘‘Proposed FDR each engine-primary flight crew that it would not be appropriate to grant Enhancements for Newly Manufactured reference) that it had inadvertently left an exemption to Airbus on behalf of the Airplanes’’ on a flight data recorder off the petition for exemption (Docket operators of its aircraft. Even if having at least a 25-hour recording Number 30065). Airbus also requested exemptions were granted to individual capacity. (Classified as Class II, Priority minor changes to the recording operators, they would have to be Action) requirements for parameter 37 (drift permanent. The FAA has determined Notice of Proposed Rulemaking angle), parameter 42 (Power lever that, under such circumstances, a angle), and parameter 57 (Thrust change to the rule language of Appendix On July 16, 1996, the FAA published command, for International Aero M is the only appropriate means to a notice of proposed rulemaking Engines only). Airbus submitted account for the differences in some (NPRM) (Notice No. 96–7, 61 FR 37143) additional information on August 3, DFDR equipment. Accordingly, the FAA addressing revisions to DFDR rules. The 2000, regarding parameter values. In its is amending part 121 Appendix M, and proposals were based on the NTSB petition, Airbus stated that current Part 125 Appendix E to indicate that recommendations, information obtained Airbus A318, A319, A320, A321, A330, certain airplanes may continue to record through a public hearing, and the efforts and A340 series airplanes are equipped the indicated parameters using the rates of the Aviation Rulemaking Advisory with a digital flight data recording and resolutions listed. It is the FAA’s Committee. system (DFDRS) that records all understanding that this amendment will As part of its comment to the mandatory parameters, numbers 1 apply to Airbus aircraft. The FAA proposed rule, Airbus stated that there through 88. Airbus further stated that, in consulted informally with the NTSB were current recorder systems that order to appropriately revise the concerning this variation, and the NTSB record the required parameters at resolution and sampling requirements of indicated that the proposed change sampling rates or resolutions that differ Appendix M to Part 121 and Appendix would not significantly affect its ability from the proposed Appendix M. Airbus E to Part 125, specific additional to investigate accidents or incidents. commented that the rates and changes are needed as follows: The FAA has determined that these resolutions be changed since meeting changes will not adversely affect the them would impose significant retrofit For A330/A340 Series Aircraft safety of the aircraft, hinder the costs on operators of Airbus airplanes. Parameter 9, Thrust/Power of each investigation of accidents or incidents It was not until Airbus petitioned for engine-primary flight crew reference: by the NTSB, nor compromise the intent exemption from the Appendix M Exhaust Pressure Ratio (EPR) Actual of the DFDR rules. This amendment will requirements that FAA focused its (A330 with Pratt and Whitney Engines), revise the resolution recording attention on its response to the Airbus is required to have a resolution of 0.2% requirements of parameters 9, 37, 42 comment, the significant number of by the present regulation and is and 57. The FAA has determined that Airbus airplanes involved, and the implemented as 0.22%; these changes can be accommodated by minor variations that would be required Parameter 9, Thrust/Power of each footnotes in Appendix M to part 121 from Appendix M requirements. As engine-primary flight crew reference: and Appendix E to part 125. stated previously, it was never the EPR Actual (A330 with Rolls Royce intention of the FAA to require engines), is required to have a resolution Good Cause for Immediate Adoption operators of any airplanes to incur of 0.2% by the present regulation and is Sections 553(b)(3)(B) and 553 (d)(3) of significant equipment retrofit costs in implemented as .29%; the Administrative Procedure Act (APA)
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(5 U.S.C. Sections 553(b)(3)(B) and Regulatory Flexibility Determination and barriers affecting the import of 553(d)(3)) authorize agencies to The Regulatory Flexibility Act of 1980 foreign goods and services into the dispense with certain notice procedures (RFA) establishes ‘‘as a principle of United States. for rules when they find ‘‘good cause’’ regulatory issuance that agencies shall In accordance with the above statute to do so. Under section 553(b)(3)(B), the endeavor, consistent with the objective and policy, the FAA has assessed the requirements of notice and opportunity of the rule and of applicable statutes, to potential effect of this final rule and has for comment do not apply when the fit regulatory and informational determined that it will impose little or agency for good cause finds that those requirements to the scale of the no costs on domestic and international procedures are ‘‘impracticable, businesses, organizations, and entities and thus has a neutral trade unnecessary, or contrary to the public governmental jurisdictions subject to impact. interest.’’ Section 553(d)(3) allows an regulation.’’ To achieve that principle, Unfunded Mandates agency, upon finding good cause, to the RFA requires agencies to solicit and make a rule effective immediately, consider flexible regulatory proposals The Unfunded Mandates Reform Act thereby avoiding the 30-day delayed and to explain the rationale for their of 1995 (the Act), enacted as Pub. L. effective date requirement in section actions. The RFA covers a wide-range of 104–4 on March 22, 1995, is intended, 553. small entities, including small among other things, to curb the practice The FAA finds that notice and public businesses, not-for-profit organizations of imposing unfunded Federal mandates comment to this final rule are and small governmental jurisdictions. on State, local, and tribal governments. impracticable, unnecessary, and Agencies must perform a review to Title II of the Act requires each contrary to the public interest. This final determine whether a proposed or final Federal agency to prepare a written rule amends the flight data recorder rule will have a significant economic statement assessing the effects of any regulations by adding language to the impact on a substantial number of small Federal mandate in a proposed or final appendices of parts 121 and 125 to entities. If the determination is that it agency rule that may result in a $100 allow certain airplanes to record certain will, the agency must prepare a million or more expenditure (adjusted data parameters using resolution and regulatory flexibility analysis (RFA) as annually for inflation) in any one year sampling requirements that differ described in the RFA. by State, local, and tribal governments, slightly from the current regulation. As However, if an agency determines that in the aggregate, or by the private sector; a result, the FAA has determined that a proposed or final rule is not expected such a mandate is deemed to be a notice and public comment are to have a significant economic impact ‘‘significant regulatory action.’’ unnecessary because the change on a substantial number of small This rule does not contain a Federal effectuates the original intent of the entities, section 605(b) of the 1980 act intergovernmental or private sector regulation, is not controversial, and is provides that the head of the agency mandate that exceeds $100 million a unlikely to result in adverse comments. may so certify and an RFA is not year. Executive Order 12866 and DOT required. The certification must include Executive Order 13132, Federalism Regulatory Policies and Procedures a statement providing the factual basis for this determination, and the The FAA has analyzed this final rule Executive Order 12866, Regulatory reasoning should be clear. under the principles and criteria of Planning and Review, directs the FAA The FAA has determined that there executive Order 13132, Federalism. The to assess both the costs and benefits of are no costs associated with this final FAA has determined that this action a regulatory change. The FAA is not rule. Accordingly, pursuant to the will not have a substantial direct effect allowed to propose or adopt a regulation Regulatory Flexibility Act, 5 U.S.C. on the states, on the relationship unless a reasoned determination is 605(b), the Federal Aviation between the national Government and made that the benefits of the intended Administration certifies that this the States, or on the distribution of regulation justify the costs. The FAA’s proposed rule will not have a significant power and responsibilities among the assessment has determined that there economic impact on a substantial various levels of government. Therefore, are no costs associated with this final number of small entities. the FAA has determined that this final rule. Since its costs and benefits do not rule will not have federalism make it a ‘‘significant regulatory action’’ International Trade Impact Analysis implications. as defined in the order, the FAA has not The Trade Agreement Act of 1979 Paperwork Reduction Act prepared a ‘‘regulatory evaluation,’’ prohibits Federal agencies from which is the written cost/benefit engaging in any standards or related In accordance with the Paperwork analysis ordinarily required for all activities that create unnecessary Reduction Act of 1995 (44 U.S.C. rulemaking documents under the DOT obstacles to the foreign commerce of the 3507(d)), the FAA has determined that Regulatory Policies and Procedures. The United States. Legitimate domestic there are no requirements for FAA does not need to do the latter objectives, such as safety, are not information collection associated with analysis where the economic impact of considered unnecessary obstacles. The this final rule. a final rule is minimal. statute also requires consideration of Environmental Analysis The FAA has determined that there international standards and where are no costs associated with this final appropriate, that they be the basis for FAA Order 1050.1D defines FAA rule; the rule imposes no costs upon U.S. standards. In addition, consistent actions that may be categorically operators. Instead, this rule change with the Administration’s belief in the excluded from preparation of a National relieves operators from a regulatory general superiority and desirability of Environmental Policy Act (NEPA) burden that was inadvertently imposed free trade, it is the policy of the environmental assessment or on them in the adoption of the 1997 Administration to remove or diminish environmental impact statement. In regulations, and would have an impact to the extent feasible, barriers to accordance with FAA Order 1050.1D, beginning August 18, 2000. This change international trade, including both Appendix 4, paragraph 4(j), this effectuates the original intent of the barriers affecting the export of American rulemaking action qualifies for a 1997 regulations. goods and services to foreign countries categorical exclusion.
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Energy Impact 14 CFR Part 125 Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701–44702, 44705, 44709–44711, The energy impact of the rule has Aircraft, Airmen, Aviation safety, 44713, 44716–44717, 44722, 44901, 44903– been assessed in accordance with the Reporting and record keeping 44904, 44912, 46105. Energy Policy and Conservation Act requirements. (EPCA) and Public Law 94–163, as The Amendment 2. In Appendix M, the title of the amended (43 U.S.C. 6362) and FAA Appendix, and item numbers 9, 37, 42, Order 1053.1. It has been determined Accordingly, the Federal Aviation and 57 are revised to read as follows: that the rule is not a major regulatory Administration amends parts 121 and action under the provisions of the 125 of Chapter 1 of Title 14 of the Code Appendix M to Part 121—Airplane Flight EPCA. of Federal Regulations as follows: Recorder Specifications The recorded values must meet the List of Subjects PART 121ÐOPERATING designated range, resolution, and accuracy REQUIREMENTS: DOMESTIC, FLAG, 14 CFR Part 121 requirements during dynamic and static AND SUPPLEMENTAL OPERATIONS Air carriers, Aviation safety, conditions. All data recorded must be Reporting and record keeping 1. The authority citation for part 121 correlated in time to within one second. requirements, Transportation. continues to read as follows:
Seconds Accuracy per sam- Parameters Range (sensor pling Resolution Remarks input) interval
9. Thrust/power on each engine-primary flight crew reference 14 ...... * * * * * * * * * * * * * * * * * * ...... * * * * * * * * * * * * * * * 37. Drift Angle 15 ...... * * * * * * * * * * * * * * * * * * ...... * * * * * * * * * * * * * * * 42. Throttle/ Power Lever Position 16 ...... * * * * * * * * * * * * * * * * * * ...... * * * * * * * * * * * * * * * 57. Thrust Command 17 ...... * * * * * * * * * * * * * * * 14 For A330 Airplanes with PW or RR Engines, resolution = .29%. 15 For A330/A340 series airplanes, resolution = 0.352 degrees. 16 For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full range for throttle lever angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active reverse thrust range, which is 51.54 degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire active reverse thrust range, or 2.9% of the full range value of 96.14 degrees. 17 For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.
PART 125ÐCERTIFICATION AND Authority: 49 U.S.C. 106(g), 40113, 44701– Appendix E to Part 125—Airplane Flight OPERATIONS: AIRPLANES HAVING A 44702, 44705, 44710–44711, 44713, 44716– Recorder Specifications SEATING CAPACITY OF 20 OR MORE 44717, 4472. The recorded values must meet the designated range, resolution, and accuracy PASSENGERS OR A MAXIMUM 4. In Appendix E, the title of the PAYLOAD CAPACITY OF 6,000 requirements during dynamic and static Appendix, and item numbers 9, 37, 42, POUNDS OR MORE conditions. All data recorded must be and 57 are revised to read as follows: correlated in time to within one second. 3. The authority citation for Part 125 continues to read as follows:
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Seconds Accuracy per Parameters Range (sensor sampling Resolution Remarks input) interval
9. Thrust/power on each engine-primary flight crew reference 14 ...... * * * * * * * * * * * * * * * * * * ...... * * * * * * * * * * * * * * * 37. Drift Angle 15 ...... * * * * * * * * * * * * * * * * * * ...... * * * * * * * * * * * * * * * 42. Throttle/ Power Lever Position 16 ...... * * * * * * * * * * * * * * * * * * ...... * * * * * * * * * * * * * * * 57. Thrust Command 17 ...... * * * * * * * * * * * * * * * 14 For A330 Airplanes with PW or RR Engines, resolution = .29%. 15 For A330/A340 series airplanes, resolution = 0.352 degrees. 16 For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full range for throttle lever angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active reverse thrust range, which is 51.54 degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire active reverse thrust range, or 2.9% of the full range value of 96.14 degrees. 17 For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.
Issued in Washington, DC, on August 18, 2000. Jane F. Garvey, Administrator. [FR Doc. 00–21630 Filed 8–21–00; 1:03 pm] BILLING CODE 4910±13±P
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Reader Aids Federal Register Vol. 65, No. 165 Thursday, August 24, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST
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 3015...... 49474 3016...... 49474 Proclamations: Presidential Documents 3019...... 49474 7332...... 47825 Executive orders and proclamations 523±5227 Proposed Rules: Executive Orders: The United States Government Manual 523±5227 46...... 48185 12722 (See Notice of 47...... 48185 July 28, 2000) ...... 47241 205...... 48642 Other Services 12724 (See Notice of 300...... 50655 Electronic and on-line services (voice) 523±4534 July 28, 2000) ...... 47241 305...... 47908 Privacy Act Compilation 523±3187 12924 (See Notice of 319 ...... 47908, 50655, 50938 Public Laws Update Service (numbers, dates, etc.) 523±6641 August 3, 2000) ...... 48347 905...... 46879 523±5229 13165...... 49469 TTY for the deaf-and-hard-of-hearing 1216...... 50666 13166...... 50121 1240...... 48324 ELECTRONIC RESEARCH Administrative Orders: 1940...... 47695 Notices: World Wide Web July 28, 2000 ...... 47241 8 CFR August 3, 2000 ...... 48347 Full text of the daily Federal Register, CFR and other Proposed Rules: publications: Presidential Determinations: 103...... 50166 No. 00-27 of July 21, 212...... 46882 http://www.access.gpo.gov/nara 2000 ...... 47827 214...... 50166 Federal Register information and research tools, including Public 236...... 46882 Inspection List, indexes, and links to GPO Access: 5 CFR 241...... 46882 330...... 47829 http://www.nara.gov/fedreg 248...... 50166 532...... 50127 264...... 50166 E-mail 550...... 48135 595...... 48135 PENS (Public Law Electronic Notification Service) is an E-mail 9 CFR 610...... 48135 service for notification of recently enacted Public Laws. To 78...... 47653 subscribe, send E-mail to 1201...... 48885 1203...... 48885 93...... 46859 [email protected] 1204...... 48885 94...... 50603, 51518 with the text message: 1205...... 48886 Proposed Rules: 1...... 47908, 50607 subscribe PUBLAWS-L your name 1206...... 48886 1207...... 48886 2...... 47908, 50607 Use [email protected] only to subscribe or unsubscribe to 1208...... 49895 79...... 49770 PENS. We cannot respond to specific inquiries. 2640...... 47830 Reference questions. Send questions and comments about the Proposed Rules: 10 CFR Federal Register system to: 531...... 49948 Ch.1 ...... 47654 [email protected] 532...... 48641, 50165 72...... 50606 1800...... 49949 Proposed Rules: The Federal Register staff cannot interpret specific documents or 7 CFR 2...... 50937 regulations. 30...... 49207 2...... 49471 61...... 49207 FEDERAL REGISTER PAGES AND DATE, AUGUST 97...... 47243 431 ...... 48828, 48838, 48852 225...... 50127 46859±47242...... 1 246...... 51213 12 CFR 47243±47652...... 2 253...... 47831 220...... 51519 47653±47824...... 3 272...... 49719 360...... 49189 47825±48134...... 4 274...... 49719 1805...... 49642 48135±48346...... 7 301 ...... 50595, 51515, 51516, 51517 Proposed Rules: 48347±48600...... 8 14...... 50882 48601±48884...... 9 353...... 50128 371...... 49471 208...... 50882 48885±49188...... 10 225...... 47696 49189±49468...... 11 457...... 47834 905...... 50907 343...... 50882 49469±49718...... 14 920...... 49472 536...... 50882 49719±49894...... 15 927...... 48136 13 CFR 49895±50126...... 16 929...... 48349 50127±50400...... 17 930...... 48139 120...... 49481 50401±50594...... 18 945...... 48142 121 ...... 48601, 49726, 50744 50595±50906...... 21 982...... 47245 400...... 51521 50907±51212...... 22 1240...... 48318 500...... 51522 51213±51514...... 23 1479...... 47840 Proposed Rules: 51515±51746...... 24 1951...... 50401, 50598 107...... 49511
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14 CFR 5...... 49208 Proposed Rules: 165 ...... 47318, 47321, 48381, 11...... 47247, 50850 15...... 49208 890...... 50949 48383, 48614, 48616, 49495, 20...... 49208 49497, 49915, 50917, 51539, 21...... 47247 23 CFR 25...... 47247, 47841 35...... 49208 51540 33...... 48887 36...... 49208 1335...... 48905 Proposed Rules: 39 ...... 46862, 47248, 47252, 37...... 49208 1270...... 51532 26...... 50479 47255, 47660, 48144, 48351, 38...... 49208 Proposed Rules: 84...... 47936 48353, 48355, 48358, 48360, 39...... 49208 658...... 50471 117...... 50480 100...... 49208 151...... 48548 48362, 48364, 48368, 48371, 24 CFR 48373, 48605, 48607, 49481, 140...... 49208 155...... 48548 155...... 49208 49727, 49728, 49730, 49732, 30...... 50592 157...... 48548 166...... 49208 49734, 49735, 49897, 49899, 903...... 49484 158...... 48548 170...... 49208 49901, 49903, 49905, 50131, 2003...... 50904 160...... 50481 180...... 49208 50617, 50619, 50621, 50623, Proposed Rules: 161...... 50479 210...... 49954 50627, 50628, 50630, 50632, 5...... 50842 165...... 50479 240...... 49954 50909, 51229 92...... 50842 183...... 47936 240...... 47900, 48406 71 ...... 47258, 47259, 47260, 200...... 50842 323...... 50108 47261, 47843, 48146, 48147, 236...... 50842 18 CFR 34 CFR 48608, 48609, 48888, 49192, 574...... 50842 101...... 47664 50281, 50405, 50635, 50636, 582...... 50842 600...... 49134 125...... 48148, 50638 51229, 51522, 51523 583...... 50842 668...... 47590, 49134 154...... 47284 73...... 49483, 50133 891...... 50842 674...... 47634 161...... 47284 91...... 50744 982...... 50842 675...... 49134 225...... 48148, 50638 97 ...... 48889, 48891, 48893, 682 ...... 47590, 47634, 49124, 250...... 47284 51524, 51525, 51528 25 CFR 49134 284...... 47284 121...... 50744, 51742 Proposed Rules: 685 ...... 47590, 47634, 49124, 330...... 47294 125...... 50744, 51742 0...... 47859 49134 356...... 48148 1204...... 47663 142...... 47704 690...... 47590, 49134 385...... 47294 Proposed Rules: Proposed Rules: 26 CFR 36 CFR 23...... 49513 342...... 47355 39 ...... 47356, 47701, 48399, 1 ...... 48379, 49909, 50281, 242...... 51542 352...... 50376 48401, 48402, 48404, 48643, 50405, 50638 Proposed Rules: 357...... 50376 48645, 48646, 48648, 48931, 31...... 50405 242...... 51648 385...... 50376 48933, 48936, 48937, 48941, 301...... 49909, 50405 293...... 48205 48943, 48945, 48947, 48950, 20 CFR Proposed Rules: 1250...... 51270 49523, 49775, 49952, 50166, 404...... 50746 1 ...... 48185, 48198, 49955 1254...... 51270 50466, 50468, 50667, 51254, 416...... 50746 301...... 49955 51256, 51259, 51260, 51560, 37 CFR 652...... 49294 27 CFR 51562 655...... 51138 1...... 49193, 50092 71 ...... 48651, 50470, 50744, 660...... 49294 Proposed Rules: 201...... 46873, 48913 51263 661...... 49294 9...... 48953 202...... 48913 91...... 51512 662...... 49294 204...... 48913 121...... 50945 28 CFR 663...... 49294 38 CFR 135...... 51512 664...... 49294 1...... 48379 139...... 50669, 50945 665...... 49294 91...... 48392 Proposed Rules: 217...... 50946 4...... 48205 666...... 49294 29 CFR 241...... 50946 667...... 49294 36...... 46882 298...... 50946 668...... 49294 4022...... 49737 4044...... 49737 39 CFR 15 CFR 669...... 49294 20...... 47322, 48171 670...... 49294 30 CFR 287...... 48894 671...... 49294 111 ...... 48385, 50054, 49917 Proposed Rules: Proposed Rules: 250...... 49485 Proposed Rules: 922...... 41264 416...... 49208 948...... 50409 111...... 47362 Proposed Rules: 16 CFR 440...... 49208 655...... 50170 70...... 49215 40 CFR 2...... 50632 72...... 49215 Ch. I ...... 47323 423...... 47261, 48148 21 CFR 75...... 49215 Ch. IV...... 48108 73...... 48375 90...... 49215 9...... 48286, 50136 17 CFR 172...... 48377 206...... 49957 35...... 48286 1...... 47843, 51529 201...... 46864, 48902 920...... 49524 49...... 51412 4...... 47848 310...... 48902 52 ...... 46873, 47326, 47336, 32 CFR 30...... 47275 341...... 46864 47339, 47862, 49499, 49501, 210...... 51692 344...... 48902 199...... 48911, 49491 50651 211...... 51692 514...... 47668 310...... 48169 60...... 48914 228...... 51692 524...... 50912 701...... 48170 62...... 49868 230...... 47281 556...... 50913 1615...... 47670 63...... 47342 231...... 47281 558 ...... 50133, 50913, 50914 1698...... 47670 70...... 48391, 49919 240...... 51692, 51716 811...... 51532 Proposed Rules: 81...... 50651 243...... 51716 868...... 47669 317...... 48202 132...... 47864 249...... 51692, 51716 876...... 48609 180 ...... 47874, 47877, 48617, 271...... 47281 884...... 47305 33 CFR 48620, 48626, 48634, 48637, Proposed Rules: 1240...... 49906 100 ...... 47316, 48612, 48613, 49922, 49924, 49927, 49936, 1...... 49208 1304...... 49483 49493, 49914 50431, 50438, 51544 3...... 49208 1308...... 47306 117 ...... 46868, 46870, 50135, 271...... 48392 4...... 49208 1310...... 47309, 48546 51538 300 ...... 48172, 48930, 49503,
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49739, 50137 Proposed Rules: 76...... 48211 178...... 50450 302...... 47342 405...... 50171 78...... 48211 179...... 50450 442...... 49666 413...... 47706 80...... 50173 180...... 50450 Proposed Rules: 43 CFR 48 CFR 385...... 50919 9...... 49062 544...... 49505 1880...... 51229 Ch. 15 ...... 47323 51...... 48825 553...... 51236 52 ...... 47363, 47705, 48652, 3500...... 50446 212...... 50143 Proposed Rules: 49527, 50669, 51564 217...... 50148 45 CFR 37...... 48444 61...... 50672 219...... 50148, 50149 69...... 47706 160...... 50312 222...... 50150 172...... 49777 70...... 49957 162...... 50312 236...... 50148, 50151 175...... 49777 80...... 47706, 48058 310...... 50786 242...... 50143 222...... 46884 86...... 47706, 48058 1351...... 50139 247...... 50143 229...... 46884 122...... 49062 Proposed Rules: 252...... 50150, 50152 243...... 50952 123...... 49062 309...... 50800 1804...... 50152 350...... 49780 124...... 49062 46 CFR 1807...... 46875 390...... 49780 125...... 49062 1812...... 50152 393...... 48660 141...... 49638 307...... 47678 1819...... 46875 394...... 49780 142...... 49638 506...... 49741 1830...... 49205 395...... 49780 232...... 50108 Proposed Rules: 1852...... 50152 398...... 49780 260...... 51080 25...... 47936 Proposed Rules: 571...... 47945 67...... 49529 261...... 48434, 50284 2...... 50872 575...... 46884 264...... 51080 172...... 48548 4...... 50872 266...... 50284 47 CFR 5...... 50872 271...... 51080 6...... 50872 50 CFR 300 ...... 47363, 48210, 49527, Ch. I ...... 50653 7...... 50872 17...... 50672 0...... 47678, 51234 49528, 49776, 50170, 51567 9...... 50872 20...... 51496 1 ...... 47348, 47678, 49742 12...... 50872 21...... 49508 41 CFR 2...... 48174, 13...... 50872 100...... 51542 Ch. 102 ...... 48392 22...... 49199, 49202 14...... 50872 230...... 49509 101...... 48392 54...... 47882, 49941 19...... 50872 64...... 47678, 48393 622...... 50158, 51248 Proposed Rules: 22...... 50872 635 ...... 47214, 49941, 50162 101±11...... 48655 73 ...... 48183, 48639, 50141, 34...... 50872 648 ...... 46877, 47648, 49942, 102±193...... 48655 50142, 50449, 50653, 51235, 35...... 50872 50164, 40563 102±194...... 48655 51236, 51552 36...... 50872 679 ...... 47693, 47906, 47907, 102±195...... 48655 74...... 48174 78...... 48174 49 CFR 49766, 49946, 50935, 51553 42 CFR 101...... 48174 1...... 49763 Proposed Rules: 59...... 49057 Proposed Rules: 10...... 48184 17 ...... 49530, 49531, 49781, 70...... 49906 Ch. I ...... 49530 71...... 50154 49958, 51577, 51578 130...... 47348 1...... 47366, 48658 107...... 50450 20...... 50483, 51174 410...... 47026, 47054 36...... 50172 171...... 50450 100...... 51648 412...... 47026, 47054 54 ...... 47940, 49216, 50172 172...... 50450 216...... 48669, 51584 413 ...... 47026, 47054, 47670 69...... 51572 173...... 50450 224...... 49782 419...... 47670 73 ...... 47370, 48210, 50951, 174...... 50450 635...... 46885, 48671 482...... 47026 51277, 51278, 51279, 51575, 175...... 50450 648...... 49959 485...... 47026, 47054 51576, 51577 177...... 50450 697...... 50952
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REMINDERS New York; published 7-25- Tuberculosis in cattle and JWOD subcontract The items in this list were 00 bisonÐ preference under service editorially compiled as an aid TRANSPORTATION State and area contracts; comments due to Federal Register users. DEPARTMENT classifications; by 9-1-00; published 7-3- 00 Inclusion or exclusion from Federal Aviation comments due by 8-28- this list has no legal Administration 00; published 6-28-00 Material management and accounting system; significance. Airworthiness directives: Plant-related quarantine, domestic: comments due by 9-1-00; Bell; published 8-9-00 published 7-3-00 Melon fruit fly; comments RULES GOING INTO Eurocopter France; Polyacrylonitrile carbon fiber; published 8-9-00 due by 8-28-00; published EFFECT AUGUST 24, 6-28-00 comments due by 9-1-00; TRANSPORTATION published 7-3-00 2000 AGRICULTURE DEPARTMENT Civilian health and medical DEPARTMENT AGRICULTURE Federal Highway program of uniformed Administration Commodity Credit services (CHAMPUS): DEPARTMENT Corporation Transportation Equity Act for TRICARE programÐ Animal and Plant Health Loan and purchase programs: Inspection Service 21st Century; Automatic enrollment of implementation: Bioenergy Program; families of E-4 and Plant-related quarantine, comments due by 8-28- domestic: Open container laws; below in TRICARE published 8-24-00 00; published 7-27-00 Prime; comments due Pine shoot beetle; published by 8-28-00; published TRANSPORTATION AGRICULTURE 8-24-00 6-28-00 DEPARTMENT DEPARTMENT EMERGENCY OIL AND GAS Automatic enrollment of National Highway Traffic Food Safety and Inspection GUARANTEED LOAN Service families of E-4 and BOARD Safety Administration Meat and poultry inspection: below in TRICARE Emergency Oil and Gas National Driver Register Prime; correction; Guaranteed Loan Program; Problem Driver Pointer Other consumer protection comments due by 8-28- implementation: System; transition activities; comments due 00; published 7-21-00 by 8-29-00; published 6- Financial statements; procedures; published 7-25- Medically underserved 30-00 published 8-24-00 00 areas; bonus payments; Transportation Equity Act for COMMERCE DEPARTMENT EMERGENCY STEEL comments due by 9-1- 21st Century; GUARANTEE LOAN BOARD National Oceanic and 00; published 7-3-00 implementation: Atmospheric Administration Emergency Steel Guarantee Federal Acquisition Regulation Open container laws; Loan Program; Fishery conservation and (FAR): published 8-24-00 implementation: management: Contractor responsibility, Unguaranteed tranche Alaska; fisheries of labor relations costs, and participation; published 8- COMMENTS DUE NEXT Exclusive Economic costs relating to legal and 24-00 WEEK ZoneÐ other proceedings; Western Alaska comments due by 8-29- ENVIRONMENTAL 00; published 6-30-00 AGRICULTURE Community PROTECTION AGENCY Truth in Negotiations Act DEPARTMENT Development Quota Pesticides; emergency Program; comments threshold; comments due Agricultural Marketing exemptions, etc.: due by 8-31-00; by 9-1-00; published 7-3- Service Dimethenamid; published 8- published 7-17-00 00 Fruits and vegetables, 24-00 Northeastern United States ENERGY DEPARTMENT processed: FEDERAL fisheriesÐ Federal Energy Regulatory Inspection and certification; COMMUNICATIONS Summer flounder, scup Commission comments due by 8-28- COMMISSION and black sea bass; Oil pipelines: 00; published 6-28-00 Radio stations; table of comments due by 9-1- Producer Price Index for assignments: Kiwifruit grown in California 00; published 8-2-00 Finished Goods; five-year and imported; comments Various States; published 8- West Coast States and review; comments due by due by 8-30-00; published 24-00 Western Pacific 9-1-00; published 8-2-00 7-31-00 HEALTH AND HUMAN fisheriesÐ ENVIRONMENTAL Oranges, grapefruit, SERVICES DEPARTMENT Pacfic Coast salmon; PROTECTION AGENCY tangerines, and tangelos comments due by 8-28- Food and Drug grown inÐ Air pollutants, hazardous; Administration 00; published 6-27-00 national emission standards: Florida; comments due by Boilers and industrial Medical devices: 8-31-00; published 8-1-00 COMMODITY FUTURES TRADING COMMISSION furnaces; data availability; American Society for AGRICULTURE Commodity pool operators and comments due by 8-28- Testing and Materials; DEPARTMENT amendments to reflect commodity trading advisors: 00; published 6-27-00 current citations Animal and Plant Health Air programs: Inspection Service Commodity pools; profile Correction; published 8- documents; disclosure; Ambient air quality 24-00 Exportation and importation of comments due by 8-28- standards, nationalÐ animals and animal 00; published 7-27-00 Ground level ozone; 1- National Environmental Policy products: Act; implementation: CONSUMER PRODUCT hour standard; Bovine parts importation attainment Food contact substance SAFETY COMMISSION from Argentina; demonstrations for notification system; prohibition; comments due Automatic residential garage States; motor vehicle published 5-11-00 by 8-28-00; published 6- door operators; safety emissions budgets; TRANSPORTATION 28-00 standard; comments due by comments due by 8-28- 8-28-00; published 6-14-00 DEPARTMENT Interstate transportation of 00; published 7-28-00 Coast Guard animals and animal products DEFENSE DEPARTMENT Northern Ada County/ Drawbridge operations: (quarantine): Acquisition regulations: Boise, ID; PM-10
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standards Experimental broadcast Hospital inpatient payments Federal Acquisiton Regulation nonapplicability finding stations; ownership and graduate medical (FAR): rescinded; comments prohibition; comments due education rates and costs; Contractor responsibility, due by 8-31-00; by 9-1-00; published 7-5- Balanced Budget labor relations costs, and published 7-26-00 00 Refinement Act provisions; costs relating to legal and Air quality implementation Major television networks; comments due by 8-31- other proceedings; plans; approval and ownership prohibition; 00; published 8-1-00 comments due by 8-29- promulgation; various comments due by 9-1-00; Medicare+Choice programÐ 00; published 6-30-00 States: published 7-5-00 Establishment; changes; NUCLEAR REGULATORY California; comments due by Radio stations; table of comments due by 8-28- COMMISSION 8-28-00; published 7-27- assignments: 00; published 6-29-00 Spent nuclear fuel and high- 00 Missouri; comments due by INTERIOR DEPARTMENT level radioactive waste; Indiana; comments due by 8-28-00; published 7-25- Fish and Wildlife Service independent storage; 9-1-00; published 8-2-00 00 Endangered and threatened licensing requirements: West Virginia; comments Puerto Rico; comments due species: Interim storage for greater due by 9-1-00; published by 8-28-00; published 7- Critical habitat than class C waste; 8-2-00 18-00 designationsÐ comments due by 8-30- Hazardous waste program FEDERAL RESERVE Spectacled eider and 00; published 6-16-00 authorizations: SYSTEM Steller's eider; POSTAL SERVICE Virginia; comments due by Electronic fund transfers comments due by 8-31- Domestic Mail Manual: 8-30-00; published 7-31- (Regulation E): 00; published 7-5-00 Invalid ancillary service 00 Financial institutions Spectacled eider and endorsements; transitional Superfund program: compliance requirements; Steller's eider; provisions eliminated; National oil and hazardous official staff interpretation; comments due by 8-31- comments due by 9-1-00; substances contingency comments due by 8-31- 00; published 7-31-00 published 8-2-00 00; published 6-29-00 planÐ Environmental statements; SECURITIES AND National priorities list Truth in lending (Regulation availability, etc.: EXCHANGE COMMISSION Z): update; comments due Critical habitat Investment companies: by 9-1-00; published 8- Home-equity lending market; designationsÐ Electronic Signatures in 2-00 predatory lending Arkansas River Basin; Global and National practices; hearings; Water pollution control: Arkansas River shiner; Commerce Act; consumer comments due by 9-1-00; State water quality withdrawal; comments consent requirements; published 7-12-00 standardsÐ due by 8-29-00; exemption; comments due Kansas; comments due GENERAL SERVICES published 6-30-00 by 9-1-00; published 8-2- by 9-1-00; published 7- ADMINISTRATION Fishery conservation and 00 3-00 Acquisition regulations: management: SMALL BUSINESS FEDERAL JWOD subcontract Critical habitat ADMINISTRATION COMMUNICATIONS preference under service designationsÐ Federal claims collection: contracts; comments due Peninsular bighorn sheep; COMMISSION Administrative wage by 9-1-00; published 7-3- comments due by 8-31- Common carrier services: garnishment; debt 00 00; published 7-5-00 Federal-State Joint Board collection through offset; on Universal ServiceÐ Federal Acquisition Regulation Migratory bird hunting: comments due by 8-28- (FAR): Telecommunications Federal Indian reservations, 00; published 6-27-00 deployment and Truth in Negotiations Act; off-reservation trust lands, TRANSPORTATION subscribership in threshold; comments due and ceded lands; DEPARTMENT by 9-1-00; published 7-3- comments due by 8-28- unserved or Coast Guard underserved areas, 00 00; published 8-18-00 Electrical engineering: including tribal and Federal Acquisiton Regulation: JUSTICE DEPARTMENT insular areas; comments Contractor responsibility, Prisons Bureau Marine shipboard electrical cable standards; due by 9-1-00; labor relations costs, and Administrative remedy published 8-11-00 costs relating to legal and comments due by 8-28- program: 00; published 7-27-00 High-cost universal service other proceedings; Administrative Remedy Ports and waterways safety: support for non-rural comments due by 8-29- Program; excluded carriers; CY 2001 line 00; published 6-30-00 matters; comments due Los Angeles-Long Beach, count update; comments HEALTH AND HUMAN by 8-28-00; published 6- CA; traffic separation due by 8-30-00; published SERVICES DEPARTMENT 27-00 scheme; comments due by 8-28-00; published 7- 8-17-00 Food and Drug NATIONAL AERONAUTICS 28-00 Wireless telecommunications Administration AND SPACE servicesÐ Human bone allograft; ADMINISTRATION TRANSPORTATION DEPARTMENT Extension to Tribal lands; manipulation and Acquisition regulations: comments due by 9-1- Federal Aviation homologous use in spine JWOD subcontract 00; published 8-2-00 Administration and other orthopedic preference under service Practice and procedure: reconstruction and repair; contracts; comments due Airworthiness directives: Communication between public meeting; comments by 9-1-00; published 7-3- Airbus; comments due by 9- applicants in spectrum due by 9-1-00; published 7- 00 1-00; published 8-2-00 18-00 auctions Federal Acquisition Regulation Boeing; comments due by Correction; comments due HEALTH AND HUMAN (FAR): 8-28-00; published 6-28- by 8-30-00; published SERVICES DEPARTMENT Truth in Negotiations Act; 00 8-9-00 Health Care Financing threshold; comments due British Aerospace; Radio and television Administration by 9-1-00; published 7-3- comments due by 8-28- broadcasting: Medicare: 00 00; published 7-27-00
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Empresa Brasileira de Class I reporting regulations; by 8-28-00; published 7- H.R. 3519/P.L. 106±264 Aeronautica S.A.; modification; comments 28-00 Global AIDS and Tuberculosis comments due by 8-30- due by 9-1-00; published Relief Act of 2000 (Aug. 19, 00; published 7-31-00 7-18-00 2000; 114 Stat. 748) McDonnell Douglas; TREASURY DEPARTMENT comments due by 8-28- LIST OF PUBLIC LAWS Last List August 22, 2000 00; published 7-13-00 Customs Service Articles conditionally free, Rolls-Royce plc.; comments This is a continuing list of subject to reduced rates, due by 9-1-00; published public bills from the current etc.: 7-3-00 session of Congress which Public Laws Electronic Saab; comments due by 8- Civil aircraft merchandise; have become Federal laws. It Notification Service 30-00; published 7-31-00 duty-free entry; comments may be used in conjunction (PENS) Sikorsky; comments due by due by 8-28-00; published with ``P L U S'' (Public Laws 9-1-00; published 7-3-00 6-29-00 Update Service) on 202±523± Class E airspace; comments VETERANS AFFAIRS 6641. This list is also PENS is a free electronic mail due by 8-28-00; published DEPARTMENT available online at http:// 7-3-00 notification service of newly Adjudication; pensions, www.nara.gov/fedreg. enacted public laws. To TRANSPORTATION compensation, dependency, subscribe, go to www.gsa.gov/ DEPARTMENT etc.: The text of laws is not archives/publaws-l.html or National Highway Traffic published in the Federal send E-mail to Safety Administration Proof of service; evidence certification; comments Register but may be ordered [email protected] with Consumer information: due by 8-28-00; published in ``slip law'' (individual the following text message: Passenger cars and light 6-27-00 pamphlet) form from the multipurpose passenger Superintendent of Documents, SUBSCRIBE PUBLAWS-L Adult day health care of vehicles and trucks; U.S. Government Printing Your Name. rollover prevention; veterans in State homes; Office, Washington, DC 20402 comments due by 8-30- per diem payment (phone, 202±512±1808). The Note: This service is strictly 00; published 8-1-00 mechanism; comments due text will also be made for E-mail notification of new TRANSPORTATION by 8-28-00; published 6-28- available on the Internet from laws. The text of laws is not DEPARTMENT 00 GPO Access at http:// available through this service. Surface Transportation Privacy Act: www.access.gpo.gov/nara/ PENS cannot respond to Board Computer matching index.html. Some laws may specific inquiries sent to this Rail carriers: programs; comments due not yet be available. address.
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