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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 , 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, , 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

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51517 found in the 35 affected counties are action will eliminate restrictions on the and storage conditions of pine materials small. We do not know how many of movement of pine wreaths and garlands affect when pine shoot beetles move these entities move regulated articles from areas quarantined because of pine from tree shoots to overwintering sites. interstate; however, the availability of shoot beetle. This means that pine materials used to various treatments for imported fire ant, EFFECTIVE DATE: August 24, 2000. make wreaths and garlands could be which permit the interstate movement FOR FURTHER INFORMATION CONTACT: Ms. harvested while pine shoot beetles are of regulated articles with only a small Christine Markham, Regional Program still present in tree shoots. The additional cost, minimizes any adverse Manager, 920 Main Campus Drive, Suite commenters asked that we maintain economic effects due to this rule. For 200, Raleigh, NC 27606–5202; (919) measures to mitigate the risk of example, the value of a standard 716–5582; or Ms.Coanne E. O’Hern, spreading this pest when materials for shipment of nursery plants is between National Survey Coordinator, 4700 pine wreaths and garlands are harvested $10,000 to $250,000, and the cost of River Road, Unit 134, Riverdale, MD while pine shoot beetles are in tree treating a standard shipment of plants is 20737–1236; (301) 734–8247. shoots. only around $200. Entities that do not SUPPLEMENTARY INFORMATION: We believe that the way in which move regulated articles interstate pine wreaths and garlands are remain unaffected by the rule. Background manufactured greatly reduces the risk Under these circumstances, the Pine shoot beetle is a pest of pine that these commodities will carry pine Administrator of the Animal and Plant trees. Pine shoot beetle can cause shoot beetles. To increase the value and Health Inspection Service has damage in weak and dying trees, where enhance the appearance of their determined that this action will not reproduction and immature stages of products, producers of pine wreaths and have a significant impact on a pine shoot beetle occur, and in the new garlands choose the freshest, healthiest, substantial number of small entities. growth of healthy trees. During and most attractive pine material to List of Subjects in 7 CFR Part 301 ‘‘maturation feeding,’’ young beetles create wreaths and garlands. First, this tunnel into the center of pine shoots means that producers cut the pine Agricultural commodities, Plant (usually of the current year’s growth), material from the tree as close to the diseases and pests, Quarantine, causing stunted and distorted growth in time of sale as possible. Therefore, Reporting and recordkeeping host trees. Adults can fly at least 1 because most pine wreaths and garlands requirements, Transportation. kilometer, and infested trees and pine are sold for the Christmas holiday, the material is removed from pine trees after PART 301ÐDOMESTIC QUARANTINE products are often transported long pine shoot beetles have moved to the NOTICES distances; these factors may result in the establishment of pine shoot beetle base of the tree for overwintering. Accordingly, we are adopting as a populations far from the location of the Second, this means that producers do final rule, without change, the interim original host tree. This pest damages not include any brown, thinning, or rule that amended 7 CFR part 301 and urban ornamental trees and can cause damaged pine shoots in wreaths and that was published at 65 FR 30337– economic losses to the timber, garlands. Pine shoots that have been 30341 on May 11, 2000. Christmas tree, and nursery industries. attacked by pine shoot beetles droop, The regulations at 7 CFR 301.50 are discolored, and break easily. Authority: Title IV, Pub. L. 106–224, 114 Therefore, selection of the healthiest Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166; through 301.50–10, ‘‘Subpart—Pine 7 CFR 2.22, 2.80, and 371.3. Shoot Beetle,’’ restrict the interstate and most attractive pine material helps movement of regulated articles from ensure that no matter the time of year, Done in Washington, DC, this 18th day of producers are excluding material that August 2000. quarantined areas in order to prevent the spread of pine shoot beetle into could be infested with pine shoot Bobby R. Acord, noninfested areas of the United States. beetles. Acting Administrator, Animal and Plant On December 21, 1999, we published In addition, most often ‘‘pine’’ Health Inspection Service. in the Federal Register (64 FR 71322– wreaths produced in quarantined areas [FR Doc. 00–21649 Filed 8–23–00; 8:45 am] 71323, Docket No. 99–082–1) a proposal are actually made from balsam fir (Abies BILLING CODE 3410±34±U to amend the regulations by removing balsamea) adorned by minimal sprigs of pine wreaths and garlands from the list pine and other species, such as of regulated articles in § 301.50–2. We arborvitae (Thuja spp.). Balsam fir is not DEPARTMENT OF AGRICULTURE proposed this action to allow pine a host of pine shoot beetle. Likewise, Animal and Plant Health Inspection wreaths and garlands to move without pine garlands produced in quarantined Service restriction from a quarantined area. areas are generally made from eastern We solicited comments on our white pine (Pinus strobus), a pine 7 CFR Part 301 proposal for 60 days, ending February species that is not a preferred host for 22, 2000. We received three comments pine shoot beetle. Although pine shoot [Docket No. 99±082±2] by that date. They were from State beetles will feed on the shoots of, and departments of agriculture and a breed in, eastern white pine and other Pine Shoot Beetle; Regulated Articles regional plant board. One commenter pine species, pine shoot beetles prefer to AGENCY: Animal and Plant Health supported the proposed rule. The feed on and breed in Scots pine (Pinus Inspection Service, USDA. remaining commenters expressed sylvestris) or jack pine (Pinus ACTION: Final rule. concerns about the possible presence of banksiana). However, even if pine pine shoot beetle in pine wreaths and wreaths and garlands were made of SUMMARY: We are amending the pine garlands moving out of a quarantined favored host pine material, we believe shoot beetle regulations by removing area. that the way these commodities are pine wreaths and garlands from the list The commenters noted that the manufactured precludes the presence of of regulated articles. We believe that growing location of pine used to create pine shoot beetles. these commodities do not present a risk wreaths and garlands, local temperature Therefore, for the reasons given in the of spreading pine shoot beetle. This and weather patterns at time of harvest, proposed rule and in this document, we

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 51518 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations are adopting the proposed rule as a final sales are classified as small business by Authority: Title IV, Pub. L. 106–224, 114 rule, without change. the SBA. Therefore, approximately 65 Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166; percent of all nurseries are considered 7 CFR 2.22, 2.80, and 371.3. Effective Date small businesses. In addition, Christmas 2. In § 301.50–2, paragraph (a) is This is a substantive rule that relieves tree farms with less than $500,000 in revised to read as follows: restrictions and, pursuant to the sales are considered small businesses. § 301.50±2 Regulated articles. provisions of 5 U.S.C. 553, may be made Nationwide, more than 70 percent of effective less than 30 days after Christmas tree farms are considered * * * * * publication in the Federal Register. small businesses. (a) Pine products (Pinus spp.), as Immediate implementation of this This rule will eliminate treatment and follows: Bark nuggets (including bark rule is necessary to provide relief to certification requirements for pine chips); Christmas trees; logs with bark those persons who are adversely wreaths and garlands. This will save attached; lumber with bark attached; affected by restrictions we no longer affected producers time and money and nursery stock; raw pine materials for find warranted. Producers of pine will facilitate the movement of these pine wreaths and garlands; and stumps. wreaths and garlands are in the process commodities. Specifically, the * * * * * of taking orders and planning for this elimination of treatment requirements 3. In § 301.50–10, the first sentence of year’s shipping season. Making this rule for pine wreaths and garlands moving paragraph (b) and the text only of effective immediately will allow out of quarantined areas will save paragraph (c) are revised to read as affected producers and others in the affected producers an average of 1 follows: marketing chain to plan more effectively percent of revenue generated from the for the approaching shipping season. sale of these commodities. § 301.50±10 Treatments. Therefore, the Administrator of the Under these circumstances, the * * * * * Animal and Plant Health Inspection Administrator of the Animal and Plant (b) Cold treatment is authorized for Service has determined that this rule Health Inspection Service has cut pine Christmas trees, pine nursery should be effective upon publication in determined that this action will not stock, and raw pine materials for pine the Federal Register. have a significant economic impact on wreaths and garlands as follows: * * * Executive Order 12866 and Regulatory a substantial number of small entities. (c) Any one of these fumigation Flexibility Act treatments is authorized for use on cut Executive Order 12372 pine Christmas trees and raw pine This rule has been reviewed under materials for pine wreaths and garlands. Executive Order 12866. For this action, This program/activity is listed in the Catalog of Federal Domestic Assistance Cut pine Christmas trees and raw pine the Office of Management and Budget materials for pine wreaths and garlands has waived its review process required under No. 10.025 and is subject to Executive Order 12372, which requires may be treated with methyl bromide at by Executive Order 12866. normal atmospheric pressure as follows: We are amending the pine shoot intergovernmental consultation with * * * beetle regulations by removing pine State and local officials. (See 7 CFR part wreaths and garlands from the list of 3015, subpart V.) Done in Washington, DC, this 18th day of August 2000. regulated articles. We believe that these Executive Order 12988 commodities do not present a risk of Bobby R. Acord, spreading pine shoot beetle. This action This final rule has been reviewed Acting Administrator, Animal and Plant will eliminate restrictions on the under Executive Order 12988, Civil Health Inspection Service. movement of pine wreaths and garlands Justice Reform. This rule: (1) Preempts [FR Doc. 00–21648 Filed 8–23–00; 8:45 am] from areas quarantined because of pine all State and local laws and regulations BILLING CODE 3410±34±U shoot beetle. that are inconsistent with this rule; (2) In 1995, nurseries and other has no retroactive effect; and (3) does producers in quarantined areas earned not require administrative proceedings DEPARTMENT OF AGRICULTURE an average of four percent of their before parties may file suit in court revenue from wreaths and garlands. challenging this rule. Animal and Plant Health Inspection However, over the next 3 years, that Service Paperwork Reduction Act amount doubled; in 1998, nurseries and other producers in quarantined areas This rule contains no new 9 CFR Part 94 increased their earnings from the sale of information collection or recordkeeping [Docket No. 00±030±2] wreaths and garlands to an average of 8 requirements under the Paperwork to 10 percent of their revenue. Reduction Act of 1995 (44 U.S.C. 3501 Change in Disease Status in Denmark The highest levels of production of et seq.). Because of BSE these commodities in quarantined areas List of Subjects in 7 CFR Part 301 occurs in Northeastern States. In 1998, AGENCY: Animal and Plant Health production of wreaths and garlands Agricultural commodities, Plant Inspection Service, USDA. amounted to approximately $5.3 million diseases and pests, Quarantine, ACTION: Final rule. in Vermont, approximately $3 million Reporting and recordkeeping in New Hampshire, and approximately requirements, Transportation. SUMMARY: We are amending the regulations by adding Denmark to the $10 to $12 million in Maine. Most Accordingly, we are amending 7 CFR list of regions where bovine spongiform wreaths and garlands produced in part 301 as follows: quarantined areas are sold locally. encephalopathy exists because the Most of the producers of pine wreaths PART 301ÐDOMESTIC QUARANTINE disease has been detected in a native- and garlands are small businesses, NOTICES born animal in that region. Denmark has according to the standards of the Small been listed among the regions that Business Administration (SBA). 1. The authority citation for part 301 present an undue risk of introducing Nurseries with less than $3.5 million in continues to read as follows: bovine spongiform encephalopathy into

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51519 the United States. Therefore, the effect exists. Regions on both lists are subject Accordingly, we are amending 9 CFR of this final rule is a continued to the same restrictions on the part 94 as follows: restriction on the importation of importation of ruminants, meat, meat ruminants that have been in Denmark products, and certain other products of PART 94ÐRINDERPEST, FOOT-AND- and meat, meat products, and certain ruminants, into the United States. MOUTH DISEASE, FOWL PEST (FOWL other products of ruminants that have We solicited comments concerning PLAGUE), EXOTIC NEWCASTLE been in Denmark. This final rule is our proposal for 60 days ending July 17, DISEASE, AFRICAN SWINE FEVER, necessary in order to update Denmark’s 2000. We did not receive any comments. HOG CHOLERA, AND BOVINE disease status regarding bovine Therefore, for the reasons given in the SPONGIFORM ENCEPHALOPATHY: spongiform encephalopathy. proposed rule, we are adopting the PROHIBITED AND RESTRICTED EFFECTIVE DATE: September 25, 2000. proposed rule as a final rule, without IMPORTATIONS FOR FURTHER INFORMATION CONTACT: Dr. change. 1. The authority citation for part 94 Donna Malloy, Senior Staff Executive Order 12866 and Regulatory continues to read as follows: Veterinarian, National Center for Import Flexibility Act Authority: Title IV, Pub. L. 106–224, 114 and Export, Products Program, VS, This proposed rule has been reviewed Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 450; APHIS, 4700 River Road Unit 40, 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, Riverdale, MD 20737–1231; (301) 734– under Executive Order 12866. For this 134b, 134c, 134f, 136, and 136a; 31 U.S.C. 3277. action, the Office of Management and 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, SUPPLEMENTARY INFORMATION: Budget has waived its review process 2.80, and 371.4. required by Executive Order 12866. Background We are amending the regulations by § 94.18 [Amended] The regulations in 9 CFR parts 93, 94, adding Denmark to the list of regions 2. Section 94.18 is amended as 95, and 96 (referred to below as the where BSE exists because the disease follows: regulations) govern the importation of has been detected in a native-born a. In paragraph (a)(1), by adding the certain animals, birds, poultry, meat, animal in that region. word ‘‘Denmark,’’ in alphabetical order. other animal products and byproducts, Denmark has been listed among the b. In paragraph (a)(2), by removing the hay, and straw into the United States in regions that present an undue risk of word ‘‘Denmark,’’. order to prevent the introduction of introducing BSE into the United States. Done in Washington, DC this 18th day of various animal diseases, including Regardless of which of the two lists a August 2000. bovine spongiform encephalopathy region is on, the same restrictions apply Bobby R. Acord, (BSE). to the importation of ruminants, meat, Acting Administrator, Animal and Plant BSE is a neurological disease of meat products, and certain other Health Inspection Service. bovine animals and other ruminants and products of ruminants that have been in [FR Doc. 00–21650 Filed 8–23–00; 8:45 am] is not known to exist in the United that region. Therefore, this final rule BILLING CODE 3410±34±U States. will not result in any change in the rules It appears that BSE is primarily that apply to the importation of spread through the use of ruminant feed ruminants, meat, meat products, or containing protein and other products other products of ruminants that have FEDERAL RESERVE SYSTEM from ruminants infected with BSE. been in Denmark. 12 CFR Part 220 Therefore, BSE could become Under these circumstances, the established in the United States if Administrator of the Animal and Plant [Regulation T] materials carrying the BSE agent, such Health Inspection Service has as certain meat, animal products, and determined that this action will not Credit by Brokers and Dealers; List of animal byproducts from ruminants in have a significant impact on a Foreign Margin Stocks regions in which BSE exists, or in which substantial number of small entities. there is an undue risk of introducing AGENCY: Board of Governors of the Executive Order 12988 BSE into the United States, are imported Federal Reserve System. into the United States and are fed to This rule has been reviewed under ACTION: Final rule; determination of ruminants in the United States. BSE Executive Order 12988, Civil Justice applicability of regulations. could also become established in the Reform. This rule: (1) Preempts all State SUMMARY: The List of Foreign Margin United States if ruminants from regions and local laws that are inconsistent with Stocks (Foreign List) is composed of in which BSE exists, or ruminants from this rule; (2) has no retroactive effect; certain foreign equity securities that regions in which there is an undue risk and (3) does not require administrative qualify as margin securities under of introducing BSE into the United proceedings before parties may file suit Regulation T. The Foreign List is States, are imported into the United in court challenging this rule. States. published twice a year by the Board. Denmark has been listed in Paperwork Reduction Act EFFECTIVE DATE: September 1, 2000. § 94.18(a)(2) as a region that presents an This final rule contains no FOR FURTHER INFORMATION CONTACT: undue risk of introducing BSE into the information collection or recordkeeping Peggy Wolffrum, Securities Regulation United States. However, on February 25, requirements under the Paperwork Analyst, Division of Banking 2000, Denmark’s Ministry of Agriculture Reduction Act of 1995 (44 U.S.C. 3501 Supervision and Regulation, (202) 452– confirmed a case of BSE in a native-born et seq.). 2837, or Scott Holz, Senior Counsel, animal. Therefore, on May 17, 2000, we Legal Division, (202) 452–2966, Board of List of Subjects in 9 CFR Part 94 published in the Federal Register (65 Governors of the Federal Reserve FR 31290–31291, Docket 00–030–1) a Animal diseases, Imports, Livestock, System, Washington, DC 20551. For the proposal to amend the regulations by Meat and meat products, Milk, Poultry hearing impaired only, contact Janice adding Denmark to the list in and poultry products, Reporting and Simms, Telecommunications Device for § 94.18(a)(1) of regions where BSE recordkeeping requirements. the Deaf (TDD) at (202) 872–4984.

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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 ...

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 51528 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

[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

VerDate 112000 15:57 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm03 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51529

§§ 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;

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 51530 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations electronic mail [email protected]; or Regulation 1.17(h) sets forth several satisfactory subordination agreement as Henry J. Matecki, Financial Audit and minimum requirements for the set forth in the SEC’s rules.7 Review Branch, Commodity Futures subordination agreements and other In addition, SEC Rule 15c3–1d(b)(7) Trading Commission, 300 S. Riverside conditions that must be met in order for (17 CFR 240.15c3–1d(b)(7)) is consistent Plaza, Room 1600–N, Chicago, IL 60606; the agreements to qualify as with CFTC Regulation 1.17(h)(2)(vii)(C) telephone (312) 886–3217; electronic ‘‘satisfactory’’ subordination in that it requires a broker or dealer to mail [email protected]. agreements.5 One condition, set forth in obtain the written approval of its DEA SUPPLEMENTARY INFORMATION: Regulation 1.17(h)(3)(vi), provides that prior to making a prepayment of a an FCM or IBI may not treat any subordinated loan before the scheduled I. Proposed Rules subordination agreement as a maturity date of the payment and prior On June 2, 2000, the Commission ‘‘satisfactory’’ subordination agreement to effecting a reduction in the published for comment proposed for net capital purposes until the FCM’s outstanding principal balance of a amendments to Rule 1.17(h), which or the IBI’s designated-self regulatory secured demand note. Therefore, governs an FCM’s or IBI’s net capital organization (‘‘DSRO’’), or the registered FCMs and IBIs that are also treatment of subordination agreements.1 Commission if the FCM or the IBI is not registered as securities brokers or Commission Regulation 1.17 requires a member of a DSRO, has reviewed the dealers with the SEC (hereinafter FCMs and IBIs to maintain minimum agreement and determined that it referred to as ‘‘dually-registered’’ FCMs levels of adjusted net capital.2 In satisfies the minimum requirements set or IBIs) are required to obtain the computing adjusted net capital, FCMs forth in Regulation 1.17(h). approvals of a futures market SRO and and IBIs are permitted to exclude from a securities market DEA prior to Commission regulations also impose liabilities funds received which are excluding subordination agreements restrictions on an FCM’s or IBI’s ability subordinated to the claims of all general from liabilities in computing net capital creditors of the FCM or IBI pursuant to to make a payment on a subordinated or prior to making a prepayment on a a ‘‘satisfactory subordination loan prior to the scheduled maturity subordinated loan or effecting a agreement,’’ as defined in Regulation date of such loan or to effect a full or reduction in the outstanding principal 1.17(h).3 partial reduction in the outstanding balance of a secured demand note. Subordination agreements may take principal balance of a secured demand II. Final Rules the form of either subordinated loan note. In this regard, Regulation agreements or secured demand notes. 1.17(h)(2)(vii)(C) requires an FCM or IBI The National Futures Association Subordinated loan agreements are to obtain the written approval of its submitted a letter to the Commission in agreements evidencing a subordinated DSRO, or the Commission if the FCM or support of the proposed amendments. borrowing of cash by the FCM or IBI. IBI is not a member of a SRO, prior to This was the only comment received. Secured demand notes are agreements making a prepayment on a subordinated After considering the issues, the evidencing or governing the loan or prior to effecting a full or partial Commission is amending Regulations contribution of a secured demand note reduction in the outstanding principal 1.17(h)(2)(vii)(C) and 1.17(h)(3)(vi) as to an FCM or IBI and the pledge of balance of a secured demand note. proposed. The amendments provide that securities and/or cash as collateral to The Commission’s regulations a DSRO may rely on a DEA’s review of secure payment of such note. The governing subordination agreements, a proposed subordination agreement or outstanding principal balances of a including the provisions cited above, a request to make a prepayment on a subordinated loan and a secured are consistent with requirements subordinated loan or to reduce the demand note are recorded as liabilities imposed by the SEC on registered outstanding principal balance of a of an FCM or IBI.4 securities brokers or dealers. In this secured demand note, provided that the regard, SEC Rule 15c3–1d(c)(6)(i) (17 dually-registered FCM or IBI files signed 1 65 FR 35304 (June 2, 2000). CFR 240.15c3–1d(c)(6)(i)) is consistent copies of the proposals with its 2 Commission regulations cited herein may be with CFTC Regulation 1.17(h)(3)(vi) in applicable DEA, in the manner and form found at 17 CFR Ch. I (2000). provided by the DEA, prior to the Adjusted net capital is generally defined as that it requires a registered securities current assets less liabilities. See Regulation broker or dealer to file copies of any proposed effective dates. The rule also 1.17(c)(5). proposed subordination agreement with directs the FCM or IBI to file copies of Regulation 1.17(a)(1)(i) requires FCMs to its DEA prior to the effective date of the the proposals with its DSRO prior to the maintain minimum adjusted net capital of the 6 respective effective dates and to file greatest of: (1) $250,000; (2) four percent of the agreement. The rule further provides customer funds required to be segregated and set that no subordination agreement shall copies of the DEA’s approval of the aside pursuant to the Act and the regulations, less be deemed a ‘‘satisfactory’’ transactions with the DSRO the market value of commodity options purchased subordination agreement for capital immediately upon receipt of such by customers on or subject to the rules of a contract approval. market or a foreign board of trade for which the full purposes until the DEA has determined premiums have been paid provided that the that the agreement satisfies the The requirement that the FCM or IBI deduction for each customer is limited to the minimum requirements for a file copies of the proposals with its amount of customer funds in such customer’s DSRO provides the DSRO with an account(s); (3) the amount of adjusted net capital opportunity to review the transactions required by a registered futures association of 5 A contract market may impose, or an FCM or IBI which the FCM is a member; or (4) for securities may require, conditions or restrictions in addition to ensure compliance with Commission brokers and dealers, the amount of net capital to those established by the Commission provided regulations prior to the effective dates. required by SEC Rule 15c3–1(a) (17 CFR 240.15c3– that such conditions or restrictions do not cause the The amendments further provide that 1(a)). subordination agreement to fail to meet the the DEA’s review and approval of the Regulation 1.17(a)(1)(ii) requires IBIs to maintain minimum requirements of Regulation 1.17(h). minimum adjusted net capital of the greatest of: (A) 6 Rule 15c3–1(c)(12) of the SEC, 17 CFR proposals is deemed, absent objection $30,000; (B) the amount of adjusted net capital 240.15c3–1(c)(12), defines DEA as the national required by a registered futures associated of which securities exchange or the national securities 7 The SEC’s minimum requirements for a the IBI is a member; or (C) for securities brokers and association of which the broker or dealer is a satisfactory subordination agreement are set forth in dealers, the amount of net capital required by SEC member, or if the broker or dealer is member of Rule 15c3–1d(2) (17 CFR 240.15c3–1d(2)) and are Rule 15c3–1(a). more than one such exchange or association, the comparable to the minimum requirements 3 Regulation 1.17(c)(4)(i). exchange or association designated by the SEC as established by the Commission in Regulation 4 See Regulation 1.17(h)(1). the examining authority of the broker or dealer. 1.17(h)(2).

VerDate 112000 15:57 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm03 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51531 by the DSRO, a finding by the DSRO PART 1ÐGENERAL REGULATIONS designated self-regulatory organization that the proposals meet the minimum UNDER THE COMMODITY EXCHANGE notifies the registrant that the requirements and conditions set forth in ACT designated examining authority’s Commission Regulation 1.17(h). The approval shall not constitute designated final responsibility for ensuring that the 1. The authority citation for part 1 self-regulatory organization approval. proposals satisfy the minimum continues to read as follows: (3) The designated self-regulatory Commission requirements, however, Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a, organization shall immediately provide remains with the DSROs. 6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, the Commission with a copy of any 6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a, notice of approval issued where the III. Related Matters 13a–1, 16, 16a, 19, 21, 23, and 24. requested prepayment or special A. Regulatory Flexibility Act 2. Section 1.17 is amended by revising prepayment will result in the reduction paragraphs (h)(2)(vii)(C) and (h)(3)(vi) to of the registrant’s net capital by 20 The Regulatory Flexibility Act read as follows: percent or more or the registrant’s (‘‘RFA’’), 5 U.S.C. 601–611, requires that § 1.17 Minimum financial requirements for excess adjusted net capital by 30 agencies, in adopting rules, consider the futures commission merchants and percent or more. impact of those rules on small introducing brokers. * * * * * businesses. The rule amendments * * * * * (3) * * * discussed herein would affect FCMs and (h)* * * (vi) Filing. An applicant shall file a IBIs. The Commission has previously (2)* * * signed copy of any proposed determined that, based upon the (vii)* * * subordination agreement (including fiduciary nature of FCM/customer (C)(1) Notwithstanding the provisions nonconforming subordination relationships, as well as the requirement of paragraphs (h)(2)(vii)(A) and agreements) with the National Futures that FCMs meet minimum financial (h)(2)(vii)(B) of this section, in the case Association at least ten days prior to the requirements, FCMs should be excluded of an applicant, no prepayment or proposed effective date of the agreement 8 from the definition of small entity. special prepayment shall occur without or at such other time as the National With respect to IBIs, the Commission the prior written approval of the Futures Association for good cause shall stated that it is appropriate to evaluate National Futures Association; in the accept such filing. A registrant that is within the context of a particular rule case of a registrant, no prepayment or not a member of any designated self- whether some or all introducing brokers special prepayment shall occur without regulatory organization shall file two should be considered to be small the prior written approval of the signed copies of any proposed entities and, if so, to analyze the designated self-regulatory organization, subordination agreement (including economic impact on such entities at that if any, or of the Commission if the nonconforming subordination time.9 The amendments to Regulations registrant is not a member of a self- agreements) with the regional office of 1.17(h)(2)(vii)(C) and 1.17(h)(3)(vi) do regulatory organization. the Commission nearest the principal not impose additional requirements on (2) A registrant may make a place of business of the registrant an IBI. Thus, on behalf of the prepayment or special prepayment (except that a registrant under the Commission, the Chairman certifies that without the prior written approval of jurisdiction of the Commission’s the proposed rule amendments will not the designated self-regulatory Western Regional Office shall file such have a significant economic impact on organization: Provided, That the copies with the Commission’s a substantial number of small entities. registrant: Is a securities broker or dealer Southwestern Regional Office) at least registered with the Securities and ten days prior to the proposed effective B. Paperwork Reduction Act Exchange Commission; files a request to date of the agreement or at such other The Paperwork Reduction Act of make a prepayment or special time as the Commission for good cause 1995, 44 U.S.C. 3501 et seq. (Supp. I prepayment with its applicable shall accept such filing. A registrant that 1995), imposes certain requirements on securities designated examining is a member of a designated self- federal agencies (including the authority, as defined in Rule 15c3– regulatory organization shall file signed Commission) to review rules and rule 1(c)(12) of the Securities and Exchange copies of any proposed subordination amendments to evaluate the information Commission (17 CFR 240.15c3– agreement (including nonconforming collection burden that they impose on 1(c)(12)), in the form and manner subordination agreements) with the the public. The Commission believes prescribed by the designated examining designated self-regulatory organization that the amendments to Regulation authority; files a copy of the prepayment in such quantities and at such time as 1.17(h) do not impose an information request or special prepayment request the designated self-regulatory collection burden on the public. with the designated self-regulatory organization may require prior to the organization at the time it files such effective date. The applicant or List of Subjects in 17 CFR Part 1 request with the designated examining registrant shall also file with said parties authority in the form and manner a statement setting forth the name and Brokers, Commodity futures. prescribed by the designated self- address of the lender, the business In consideration of the foregoing and regulatory organization; and files a copy relationship of the lender to the pursuant to the authority contained in of the designated examining authority’s applicant or registrant and whether the the Commodity Exchange Act and, in approval of the prepayment or special applicant or registrant carried funds or particular, Sections 4f, 4g and 8a(5) prepayment with the designated self- securities for the lender at or about the thereof, 7 U.S.C. 6d, 6g and 12a(5), the regulatory organization immediately time the proposed agreement was so Commission hereby amends Chapter I of upon receipt of such approval. The filed. A proposed agreement filed by an Title 17 of the Code of Federal approval of the prepayment or special applicant with the National Futures Regulations as follows: prepayment by the designated Association shall be reviewed by the examining authority will be deemed National Futures Association, and no 8 47 FR 18618, 18619–18620 (April 30, 1982). approval by the designated self- such agreement shall be a satisfactory 9 48 FR 35248, 35275–78 (August 3, 1983). regulatory organization, unless the subordination agreement for the

VerDate 112000 15:57 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm03 PsN: 24AUR1 51532 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations purposes of this section unless and until Issued in Washington D.C. on August 17, DEPARTMENT OF TRANSPORTATION the National Futures Association has 2000 by the Commission. found the agreement acceptable and Jean A. Webb, National Highway Traffic Safety such agreement has become effective in Secretary of the Commission. Administration the form found acceptable. A proposed [FR Doc. 00–21498 Filed 8–23–00; 8:45 am] Federal Highway Administration agreement filed by a registrant shall be BILLING CODE 6351±01±P reviewed by the designated self- regulatory organization with whom such 23 CFR Part 1270 an agreement is required to be filed [Docket No. NHTSA±99±4493] prior to its becoming effective or, if the DEPARTMENT OF HEALTH AND registrant is not a member of any HUMAN SERVICES RIN 2127±AH41 designated self-regulatory organization, by the regional office of the Commission Food and Drug Administration Open Container Laws where the agreement is required to be AGENCY: National Highway Traffic filed prior to its becoming effective. No 21 CFR Part 811 Safety Administration (NHTSA) and proposed agreement shall be a Federal Highway Administration satisfactory subordination agreement for [Docket No. 99N±4955] (FHWA), Department of Transportation. the purposes of this section unless and ACTION: Final rule. until the designated self-regulatory Amendment of Various Device organization or, if a registrant is not a Regulations to Reflect Current SUMMARY: This document adopts as a member of any designated self- American Society for Testing and final rule, with some changes, the regulatory organization, the Materials Citations, Confirmation in regulations that were published in an Commission, has found the agreement Part and Technical Amendment; interim final rule to implement a new acceptable and such agreement has Correction program established by the become effective in the form found Transportation Equity Act for the 21st acceptable: Provided, however, That a AGENCY: Food and Drug Administration, Century (TEA 21) Restoration Act. The proposed agreement shall be a HHS. final rule provides for a transfer of satisfactory subordination agreement for Federal-aid highway construction funds ACTION: Direct final rule; correction. purpose of this section if the registrant: authorized under 23 U.S.C. 104 to the is a securities broker or dealer registered State and Community Highway Safety SUMMARY: The Food and Drug with the Securities and Exchange Program under 23 U.S.C. 402 for any Administration (FDA) is correcting a Commission; files signed copies of the State that fails to enact and enforce a document that appeared in the Federal proposed subordination agreement with conforming ‘‘open container’’ law. Register of July 18, 2000 (65 FR 44435). the applicable securities designated DATES: This final rule becomes effective examining authority, as defined in Rule The document confirmed, in part, the on August 24, 2000. 15c3–1(c)(12) of the Securities and direct final rule amending certain FOR FURTHER INFORMATION CONTACT: Mr. Exchange Commission (17 CFR references in various medical devices Glenn Karr, Office of State and 240.15c3–1(c)(12)), in the form and regulations. The document was Community Services, NSC–01, manner prescribed by the designated published with an incorrect Federal telephone (202) 366–2121; or Ms. Heidi examining authority; files signed copies Register page reference. This document L. Coleman, Office of Chief Counsel, of the proposed subordination corrects that error. NCC–30, telephone (202) 366–1834. agreement with the designated self- DATES: Effective August 24, 2000. SUPPLEMENTARY INFORMATION: The regulatory organization at the time it Transportation Equity Act for the 21st FOR FURTHER INFORMATION CONTACT: files such copies with the designated Century (TEA 21), Pub. L. 105–178, was examining authority in the form and LaJuana D. Caldwell, Office of Policy signed into law on June 9, 1998. On July manner prescribed by the designated (HF–27), Food and Drug 22, 1998, the TEA 21 Restoration Act, self-regulatory organization; and files a Administration, 5600 Fishers Lane, Pub. L. 105–206, was enacted to restore copy of the designated examining Rockville, MD 20857, 301–827–7010. provisions that had been agreed to by authority’s approval of the proposed SUPPLEMENTARY INFORMATION: In FR Doc. the conferees on TEA 21, but had not subordination agreement with the 00–18082 appearing on page 44435 in been included in the TEA 21 conference designated self-regulatory organization the Federal Register of Tuesday, July report. Section 1405 of the Act amended Chapter 1 of Title 23, United States immediately upon receipt of such 18, 2000, the following correction is Code, by adding Section 154, which approval. The designated examining made: established a program to transfer a authority’s determination that the 1. On page 44435, in the 2d column, proposed subordination agreement percentage of a State’s Federal-aid under the DATES and the SUPPLEMENTARY highway construction funds to the satisfies the requirements for a INFORMATION captions, the phrase State’s apportionment under section 402 satisfactory subordination agreement ‘‘January 24, 2000 (65 FR 3627)’’ is of Title 23 of the United States Code, if will be deemed a like finding by the corrected to read ‘‘January 24, 2000 (65 the State fails to enact and enforce a designated self-regulatory organization, FR 3584)’’. conforming ‘‘open container’’ law that unless the designated self-regulatory Dated: August 15, 2000. prohibits the possession of any open organization notifies the registrant that alcoholic beverage container, and the the designated examining authority’s Margaret M. Dotzel, consumption of any alcoholic beverage, determination shall not constitute a like Associate Commissioner for Policy. in the passenger area of any motor finding by the designated self-regulatory [FR Doc. 00–21562 Filed 8–23–00; 8:45 am] vehicle located on a public highway, or organization. BILLING CODE 4160±01±F the right-of-way of a public highway, in * * * * * the State.

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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

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 51534 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations to submit a certification that they are Allred, Director, Utah Highway Safety included in the statute and the agencies enforcing their laws. Office and Chair, National Association are not at liberty to change it in the of Governors’ Highway Safety absence of an amendment to the Notification of Compliance Representatives (NAGHSR); and Peter legislation. Accordingly, this portion of The interim final rule provided that M. Thompson, Coordinator, State of the interim regulation has been adopted for each fiscal year, beginning with FY New Hampshire, Office of the Governor, without change. 2001, NHTSA and the FHWA will notify Highway Safety Agency (New States of their compliance or Hampshire). The comments, and the 3. Comments Regarding the Possession noncompliance with section 154, based agencies’ responses to them, are and Consumption Requirement on a review of certifications received. If, discussed in detail below. Also Section 154 provides that a State must by June 30 of any year, beginning with discussed below are certain changes that enact and enforce: the year 2000, a State has not been the agencies decided to make in this a law that prohibits the possession of any determined by the agencies, based on final rule regarding issues that were open alcoholic beverage container, or the the State’s laws and a conforming raised during NHTSA’s review of State consumption of any alcoholic beverage. certification, to comply with section 154 laws and proposed legislation pursuant The interim final rule provided that the and the implementing regulation, the to the interim final rule. agencies will make an initial State’s open container law must prohibit determination that the State does not 1. General Comments both the possession of any open comply with section 154, and the In general, the comments in response alcoholic beverage container and the transfer of funds will be noted in the to the interim final rule were positive. consumption of any alcoholic beverage FHWA’s advance notice of Advocates strongly supported the in the passenger area of any motor apportionment for the following fiscal compliance requirements, citing studies vehicle. year, which generally is issued in July. that show ‘‘that possession of open NAGHSR disagreed with the agencies’ Each State determined to be in containers of alcoholic beverages in the decision to require open container laws noncompliance will have until passenger compartment of motor to cover both possession and September 30 to rebut the initial vehicles is associated with an consumption and argued that under the determination or to come into [unexpectedly] high percentage of motor statutory language, laws may prohibit compliance. The State will be notified vehicle crashes, even if the driver of the either possession or consumption. of the agencies’ final determination of vehicle has not been shown to have NAGHSR stated that the agencies have compliance or noncompliance and the consumed any alcohol.’’ ‘‘interpreted the federal statutory amount of funds to be transferred as part Michigan and Delaware indicated that language too expansively and not in a of the certification of apportionments, they opposed penalties applied to manner consistent with Congressional which normally occurs on October 1 of transportation funding for non- intent.’’ NAGHSR commented also that each fiscal year. compliance with requirements such as ‘‘there is nothing in the legislative section 154. NCSL stated that ‘‘a one- history of the open container provision Request for Comments size-fits-all approach is not the best way to support a requirement that both The agencies requested comments to tackle the nation’s drunk driving possession and consumption should be from interested persons on the interim problem.’’ prohibited.’’ final rule. The agencies stated in the Most comments related to the specific By contrast, Advocates expressed interim final rule that all comments requirements that State open container support for the possession and submitted would be considered and that laws must meet to avoid a transfer of consumption requirement. It indicated following the close of the comment funds. These comments and the that ‘‘we concur with the agencies that period, the agencies would publish a agencies’ responses to them are the statute requires that State open document in the Federal Register discussed in greater detail below. container laws must prohibit both ‘the responding to the comments and, if possession of any open alcoholic 2. Comments Regarding the Definition appropriate, would make revisions to container’ and ‘must also prohibit the of Open Container the provisions of part 1270. consumption of any alcoholic beverage Section 154 defined the term ‘‘open in the passenger area of any motor Comments Received alcoholic beverage container’’ to mean vehicle’* * *. There is no other The agencies received submissions any bottle, can, or other receptacle that: plausible way to read the statutory from six commenters in response to the (1) Contains any amount of alcoholic language.’’ interim final rule. Comments were beverage; and NCSL expressed its concern that received from: Betty J. Mercer, Division (2)(i) Is open or has a broken seal; or many State laws do not cover both Director, Office of Highway Safety (ii) The contents of which are partially possession and consumption. It stated Planning, Michigan Department of State removed. that ‘‘sixteen state laws currently Police and James R. DeSana, Director, The agencies adopted this definition in prohibit consumption but not Michigan Department of Transportation the interim final rule. possession. It is unlikely that states (Michigan); Henry M. Jasny, General NAGHSR argued that the agencies’ could change the laws to reflect the Counsel for Advocates for Highway and definition was too broad. It commented requirement in time to avoid the 11⁄2 % Auto Safety (Advocates); Carl D. that the agencies’ definition ‘‘prohibits redirection penalty in either the first or Tubbesing, Deputy Executive Chair, an open container even when such second year.’’ National Conference of State container carries only trace amounts of New Hampshire noted that its law Legislatures (NCSL); Tricia Roberts, an alcoholic beverage.’’ It recommended prohibited possession of an open Director of the Delaware Office of that the definition be changed ‘‘to one container but did not specifically Highway Safety, Brian J. Bushweller, which prohibits an open container with prohibit consumption of an alcoholic Secretary, Delaware Department of any usable or consumable amount of beverage. It stated that ‘‘in order to Public Safety and Ann P. Canby, alcohol.’’ consume an alcoholic beverage, an Secretary, Delaware Department of As indicated above, the definition of individual must first have that beverage Transportation (Delaware); K. Craig ‘‘open container’’ was specifically in their possession. Why is it necessary

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51535 to complicate the language by requiring The statutory language specifically open alcoholic beverage container that both ‘possession’ and provides that open container laws must behind the last upright seat of such ‘consumption’ be included in the law prohibit possession and consumption in vehicles or in an area of such vehicles when simply possessing alcohol in an the passenger area of any motor vehicle not normally occupied by the driver or open container in the passenger area is and the agencies are not at liberty to passengers. sufficient.’’ change this requirement in the absence Although the section 154 statute did The agencies do not believe that they of an amendment to the legislation. not specifically provide for such an have interpreted the statutory language Moreover, there is nothing in the exception, the agencies did not believe too broadly or in a manner inconsistent legislative history that suggests that the it was Congress’ intent that the statute with Congressional intent. The statutory purpose of the Section 154 program was be read so literally as to penalize every language requires that State laws must focused solely on preventing a driver State whose laws contained any penalize an individual for either from possessing alcoholic beverages. exceptions at all. Accordingly, the possessing an open container or Congress enacted other programs in agencies considered whether this consuming an alcoholic beverage in the TEA 21 and in the TEA 21 Restoration exception should be permitted under passenger area of a motor vehicle. In Act, such as the Section 410 and 164 the regulations. Specifically, we other words, State laws must prohibit programs, that are limited to drivers, but considered whether this particular both activities independently. NHTSA did not enact such a limitation in exception would render the underlying has interpreted this language section 154. Accordingly, the agencies open container requirement consistently since 1990, when it issued will not change this element of the unenforceable, so that it would regulations implementing the Section requirement in the final rule. undermine or be wholly inconsistent 410 program, under which States could The interim regulations permitted with the purpose of the statute. In the agencies’ view, an exception qualify for a supplemental grant by some exceptions to the ‘‘passenger area that permits open containers behind the adopting laws that prohibited both the of any motor vehicle’’ requirement. last upright seat or in an area not possession of an open container and the Specifically, they provided that State normally occupied by the driver or consumption of alcoholic beverages. laws that contained exceptions allowing passengers in vehicles not equipped There is nothing in the legislative open containers behind the last upright with a trunk, addresses a legitimate history of section 154 that would seat or in an area not normally occupied need for storage. In addition, we believe suggest that Congress intended that this by the driver and passengers in a vehicle not equipped with a trunk or in this exception would not undermine the interpretation should change. For these locked glove compartments would be purpose of open container laws or reasons, this portion of the interim permitted under section 154. render them unenforceable, because it regulation has been adopted without Advocates argued that the agencies would permit open containers only in change. should not permit exceptions allowing the least accessible place in a vehicle. With respect to New Hampshire’s open containers to be kept behind the We continue to believe that such assertion that open container laws that last upright seat or in an area not exceptions should be permitted. prohibit possession need not normally occupied by the driver or Advocates noted that the agencies specifically prohibit consumption, the passengers in a vehicle not equipped declined to permit exceptions allowing agencies agree with this view. We note with a trunk. It stated that ‘‘the agencies open containers in an unlocked glove that, during NHTSA’s review of State provide no basis for allowing this compartment and stated that ‘‘we fail to laws and proposed legislation, when practice’’ and that ‘‘the express language see the distinction between the use of a presented with provisions that prohibit of the statute does not permit the glove compartment or the area behind a possession of any open container, it has agencies to entertain an exception in seat.’’ As indicated above, the agencies determined that these provisions state open container laws for vehicles believe that the area behind the last necessarily also prohibit consumption that are not equipped with a trunk.’’ upright seat of a vehicle is the area that of alcoholic beverages because it is not Arguing that the only permissible is least accessible to the driver or possible to consume an alcoholic exceptions to the ‘‘passenger area of any passengers in a vehicle. By contrast, we beverage without also possessing it. motor vehicle’’ requirement were believe that an unlocked glove Accordingly, State laws and proposed specifically identified in the statute, compartment is readily accessible to the legislation that prohibit possession have Advocates asserted that ‘‘the agencies driver and passengers. We decided to been found to be in compliance with the are not at liberty to enlarge the scope of permit exceptions for open containers in possession and consumption criterion. the exceptions determined by Congress’ a locked glove compartment because the 4. Comments Regarding the Passenger and that ‘‘the statute does not provide requirement that the glove compartment Area of Any Motor Vehicle Requirement any statement that vehicles that are not be locked makes the open container equipped with trunks can be excepted significantly less accessible. The term ‘‘passenger area’’ was and, therefore, the agencies have no Accordingly, the agencies do not defined in the interim final rule to mean authority to permit this practice.’’ believe that it is necessary to change the ‘‘the area designed to seat the driver and As the agencies noted in the interim interim regulation in response to these passengers while the motor vehicle is in final rule, prior to the issuance of that comments. operation and any area that is readily document, the agencies had reviewed accessible to the driver or a passenger existing State open container laws to 5. Comments Regarding the All while in their seating positions, determine whether they contained any Occupants Requirement including the glove compartment.’’ exceptions. We determined that a The interim rule indicated that a Delaware commented that ‘‘the number of States prohibit occupants State’s law would be deemed to be in prohibition of the entire ‘‘passenger from possessing open alcoholic beverage compliance with the all occupants area’’ is not justified.’’ It stated that ‘‘the containers in motor vehicles, but requirement if it prohibits the intent is to prohibit the driver from provide for an exception when the possession of any open alcoholic driving under the influence. Passenger vehicle is not equipped with a trunk. beverage container by the driver, but area of the vehicle needs to be less Specifically, these States do not permits possession of alcohol by stringent with a focus on the driver.’’ consider it to be an offense to keep an passengers in ‘‘the passenger area of a

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 51536 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations motor vehicle designed, maintained or and that ‘‘similar activities could be found in noncompliance with the used primarily for the transportation of prohibited in parked vehicles in public requirements in any fiscal year, once persons for compensation’’ (such as parking lots adjacent to roadways or they enacted complying legislation and buses, taxis and limousines) and those public roadways that have been blocked are enforcing the law, must submit a ‘‘in the living quarters of a house coach off under local permit.’’ NAGHSR certification to that effect before the or house trailer.’’ concluded that ‘‘there is no legislative following fiscal year to avoid a transfer The agencies received three history to support such a broad of funds in that following fiscal year. comments indicating that the interim interpretation of the statute’’ and The interim rule indicated that such final rule was unclear as to whether this recommended that ‘‘the definition of certifications must be submitted by exception for passengers in house public right-of-way should be limited October 1 of the following fiscal year. coaches or house trailers is broad only to the entire width of the roadway To avoid confusion, the agencies enough to cover passengers in including the shoulders, and that believe that States should be required to recreational vehicles (RVs). possession or consumption in a stopped submit their certifications by the same The agencies consider the exception vehicle should be prohibited only date in any fiscal year. Accordingly, the for house coaches and house trailers to within that area.’’ agencies have determined that, to avoid be broad enough to cover recreational NCSL and Delaware asserted that the a transfer of funds in FY 2001 or in any vehicles. We believe that the purpose of right-of-way requirement is not justified subsequent fiscal year, States will be the exception was to allow passengers because it does not involve any required to submit certifications by in vehicles which have living quarters impaired driving on a right-of-way. September 30. to possess open containers in that area. NCSL and Delaware asserted also that, The agencies realize that a State could House coaches, house trailers and under the interim final rule, picnics and enact a conforming law by September recreational vehicles all have a living tailgate parties would be prohibited and 30, and the law could become effective quarters area and, accordingly, we that the regulations would even prohibit on October 1 of the following fiscal year. believe that passengers in the living a tailgate party where there was a Accordingly, the agencies have decided quarters of recreational vehicles should designated driver. By contrast, to amend the regulations to enable such be permitted to possess open containers. Advocates supported the right-of-way States to avoid a transfer of funds in the During NHTSA’s review of State laws requirement. year in which the State’s new law and proposed legislation, it has The requirement that open container becomes effective. To avoid a transfer of determined that laws which permit laws apply to a vehicle located on funds, they may certify that the State possession and consumption by public highway or on the right-of-way of has enacted an open container law that passengers in the living quarters of a public highway was specifically conforms to 23 U.S.C. 154 and the recreational vehicles comply with the included in the statute. The agencies agencies’ implementing regulations and all occupants requirement. believe that this provision ensures that that will become effective and be Accordingly, the agencies do not an individual cannot pull off a highway, enforced by October 1 of the following believe that it is necessary to change the drink, and get back on the highway and fiscal year. interim regulation in response to these drive impaired. There is nothing in the We note that, since the issuance of the comments. legislative history of section 154 to interim final rule, NHTSA has reviewed suggest that the purpose of section 154 certifications from several States that 6. Comments Regarding the Public was limited to preventing a driver from have not been complete. States must Highway or Right-of-Way Requirement possessing or consuming an alcoholic include citations to all applicable Three comments addressed the beverage only while driving. provisions of their law including, for requirement that a State’s open During NHTSA’s review of State laws example, citations to the definition of container law must apply to a motor and proposed legislation, it has alcoholic beverage and other sections of vehicle while it is located anywhere on indicated that we intend the ‘‘right-of- their statute, as well as regulations or a public highway or the right-of-way of way’’ requirement to apply to shoulders. case law, as applicable. a public highway. In the interim final While State laws may reach beyond the rule, the agencies defined ‘‘public Federal requirements, NHTSA has 8. Comments Regarding the Transfer of highway or the right-of-way of a public determined that if a State law covers the Funds highway’’ to mean ‘‘the entire width public highway and the shoulder As explained in the interim final rule, between and immediately adjacent to alongside of it, that is sufficient to meet Section 154 provides that the Secretary the boundary lines of every way this element of the open container must transfer a portion of a State’s publicly maintained when any part requirements. To clarify the agency’s Federal-aid highway funds apportioned thereof is open to the use of the public position, we have changed the under sections 104(b)(1), (3), and (4) of for purposes of vehicular travel.’’ definition of the term ‘‘public highway Title 23 of the United States Code, for The comments suggested that the or right-of-way of a public highway’’ to the National Highway System, Surface agencies’ definition of ‘‘public highway reflect this determination. Transportation Program and Interstate or the right-of-way of a public highway’’ System, to the State’s apportionment was too broad. NAGHSR suggested that, 7. Comments Regarding the Timing of under section 402 of that title, if the under the definition of right-of-way in Certifications State does not meet certain statutory the interim final rule, ‘‘picnics and The interim final rule provided that, requirements. other activities involving a stopped to avoid a transfer of funds in FY 2001, The interim rule indicated that, in vehicle in a roadside park or other the agencies must receive a State’s accordance with the statute, the amount public area adjacent to a roadway would certification no later than September 30, to be transferred from a non-conforming all be prohibited if alcohol were 2000, and the certification must indicate State will be calculated based on a consumed.’’ NAGHSR suggested also that the State ‘‘has enacted and is percentage of the funds apportioned to that ‘‘a person in a parked vehicle at a enforcing an open container law that the State under each of sections public rest area along a major Interstate conforms to 23 U.S.C. 154 and (the 104(b)(1), (3) and (4). However, the would be in violation of the law if he agencies’ implementing regulations).’’ actual transfers need not be drawn or she consumed an alcoholic beverage’’ The interim rule indicated that States evenly from these three sources. The

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Joint decision making by the DOT This final rule will affect only State has authority to decide from which and SHSO is the same process required governments, which are not considered category funds should be transferred. by NHTSA and FHWA for other TEA 21 to be small entities as that term is The agencies believe that, because the programs in which Congress authorized defined by the Regulatory Flexibility decision concerning which of the three flexible highway safety/highway Act. Thus, we certify that this action highway apportionments should lose construction funding choices—the will not have a significant impact on a funds solely affects State Department of Section 157 Seat Belt Use Incentive substantial number of small entities and Transportation (DOT) programs, the Grant program and the Section 153 .08 find that the preparation of a Regulatory DOT should have authority to inform BAC Law Incentive program. Flexibility Analysis is unnecessary. the FHWA of any changes in distribution. The agencies have added Regulatory Analyses and Notices Paperwork Reduction Act language to the final rule, in the section Executive Order 12988 (Civil Justice This action does not contain a on Transfer of Funds, indicating that on Reform) collection of information requirement October 1, the FHWA will make the for purposes of the Paperwork transfers based on a proportionate This final rule will not have any Reduction Act of 1980, 44 U.S.C. amount, then the State’s Department of preemptive or retroactive effect. The Chapter 35, as implemented by the Transportation will be given until enabling legislation does not establish a Office of Management and Budget October 30 to notify the FHWA if they procedure for judicial review of final (OMB) in 5 CFR part 1320. would like to change the distribution rules promulgated under its provisions. National Environmental Policy Act among sections 104(b)(1), (3) and (4). There is no requirement that individuals The interim rule indicated that the submit a petition for reconsideration or The agencies have analyzed this funds transferred to section 402 could other administrative proceedings before action for the purpose of the National be used for alcohol-impaired driving they may file suit in court. Environmental Policy Act, and have countermeasures or directed to State Executive Order 12866 (Regulatory determined that it will not have a and local law enforcement agencies for Planning and Review) and DOT significant effect on the human the enforcement of laws prohibiting Regulatory Policies and Procedures environment. driving while intoxicated, driving under The Unfunded Mandates Reform Act the influence or other related laws or The agencies have determined that regulations. In addition, the interim this action is not a significant action The Unfunded Mandates Reform Act final rule indicated that States may elect within the meaning of Executive Order of 1995 (Pub. L. 104–4) requires to use all or a portion of the transferred 12866 or significant within the meaning agencies to prepare a written assessment funds for hazard elimination activities of Department of Transportation of the costs, benefits and other affects of under 23 U.S.C. 152. Regulatory Policies and Procedures. final rules that include a Federal Four commenters noted that the States can choose to enact and enforce mandate likely to result in the interim final rule did not specify which an open container law, in conformance expenditure by the State, local or tribal State agency has the authority to with Pub. L. 105–206, and thereby avoid governments, in the aggregate, or by the determine how transferred funds should a transfer of Federal-aid highway private sector, of more than $100 be used. NAGHSR stated that ‘‘it is construction funds. Alternatively, if million annually. In the interim final unclear whether these decisions are States choose not to enact and enforce rule, the agencies indicated that the state department of transportation a conforming law, their funds will be Section 154 program did not meet the decisions, state highway safety office transferred, but not withheld. definition of a Federal mandate, because decisions, or both.’’ Michigan suggested Accordingly, the amount of funds the resulting annual expenditures were that ‘‘it should be made clear that all provided to each State will not change. not expected to exceed the $100 million affected state agencies are to participate, In addition, the costs associated with and because the States were not and that States’ decisions may be guided this rule are minimal and are expected required to enact and enforce a by the traffic-safety benefit returned by to be offset by resulting highway safety conforming open container law. the investment.’’ benefits. The enactment and NCSL asserted that the rule will result The agencies have determined that all enforcement of open container laws in an unfunded mandate. It stated that of the affected State agencies should should help to reduce impaired driving, ‘‘the total cost to the states to enforce participate in deciding how transferred which is a serious and costly problem these open container laws will exceed funds should be directed. Accordingly, in the United States. Accordingly, one hundred million dollars in cost. the agencies have added language to the further economic assessment is not Even the sixteen states that currently section on Use of Transferred Funds necessary. have open container laws that prohibit specifying that both the State DOT, the consumption of alcoholic beverages Regulatory Flexibility Act which will ‘‘lose’’ the funds, and the will now have to have primary State Highway Safety Office (SHSO), In compliance with the Regulatory enforcement of an open container law which will ‘‘gain’’ the funds must Flexibility Act (Pub. L. 96–354, 5 U.S.C. with simple possession as a violation.’’ jointly decide. 601–612), the agencies have evaluated NCSL noted that the UMRA requires The State DOT and SHSO officials the effects of this action on small agencies to prepare a written assessment will provide written notification of their entities. This rulemaking implements a of the anticipated costs and benefits of funding decisions to the agencies, new program enacted by Congress in the any unfunded Federal mandate and that within 60 days of the transfer, TEA 21 Restoration Act. As the result of NHTSA failed to do so. NCSL asserted identifying the amounts of apportioned this new Federal program, and the also that NHTSA failed to consult with

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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

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 51540 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations governmental jurisdictions with costs. This rule would not impose an (b) Captain of the Port. Captain of the populations of less than 50,000. unfunded mandate. Port means the Commanding Officer of This safety zone will not have a the Marine Safety Office Hampton Taking of Private Property significant economic impact on a Roads, Norfolk, VA or any Coast Guard substantial number of small entities for This rule will not effect a taking of commissioned, warrant, or petty officer the following reasons: This regulation private property or otherwise have who has been authorized to act on his will be in effect for one hour and only taking implications under Executive behalf. affects the waters of the Chesapeake Bay Order 12630, Governmental Actions and (c) Regulations. (1) All persons are adjacent to Fort Monroe within a 1000- Interference with Constitutionally required to comply with the general foot radius of the fireworks deck barge, Protected Property Rights. regulations governing safety zones and advance notification via marine Civil Justice Reform found in § 165.23 of this part. information broadcasts will enable (2) Persons or vessels requiring entry mariners to plan their transit to avoid This rule meets applicable standards into or passage through a safety zone entering the safety zone. in sections 3(a) and 3(b)(2) of Executive must first request authorization from the Therefore, the Coast Guard certifies Order 12988, Civil Justice Reform, to Captain of the Port. The Captain of the under 5 U.S.C. 605(b) that this rule will minimize litigation, eliminate Port’s representative enforcing the safety not have a significant economic impact ambiguity, and reduce burden. zone can be contacted on VHF marine on a substantial number of small Protection of Children band radio, channels 13 and 16. The entities. Captain of the Port can be contacted at We have analyzed this rule under Assistance for Small Entities telephone number (757) 484–8192. Executive Order 13045, Protection of (3) The Captain of the Port will notify Under section 213(a) of the Small Children from Environmental Health the public of changes in the status of Business Regulatory Enforcement Risks and Safety Risks. This rule is not this safety zone by marine information Fairness Act of 1996 (Public Law 104– an economically significant rule and broadcast on VHF marine band radio, 121), we offered to assist small entities does not concern an environmental risk channel 22 (157.1 MHz). in understanding the rule so that they to health or risk to safety that may (d) Effective dates. This section will can better evaluate its effects on them disproportionately affect children. be effective from 8 p.m. until 9 p.m. on and participate in the rulemaking Environment August 24, 2000. process. No requests for assistance in Dated: August 4, 2000. understanding this rule were received. The Coast Guard considered the Small businesses may send comments environmental impact of this temporary L. M. Brooks, on the actions of Federal employees final rule and concluded that under Captain, U.S. Coast Guard, Captain of the who enforce, or otherwise determine figure 2–1, paragraph (34)(g), of Port, Hampton Roads. compliance with, Federal regulations to Commandant Instruction M16475.lC, [FR Doc. 00–21569 Filed 8–23–00; 8:45 am] the Small Business and Agriculture this rule is categorically excluded from BILLING CODE 4910±15±U Regulatory Enforcement Ombudsman further environmental documentation. and the Regional Small Business A ‘‘Categorical Exclusion Regulatory Fairness Boards. The Determination’’ will be available in the DEPARTMENT OF TRANSPORTATION docket where indicated under Ombudsman evaluates these actions Coast Guard annually and rates each agency’s ADDRESSES. responsiveness to small business. If you List of Subjects in 33 CFR Part 165 33 CFR Part 165 wish to comment on actions by Harbors, Marine safety, Navigation employees of the Coast Guard, call 1– (water), Reporting and recordkeeping [CGD01±00±203] 888–REG–FAIR (1–888–734–3247). requirements, Security measures, RIN 2115±AA97 Collection of Information Waterways. This rule calls for no new collection For the reasons discussed in the Safety Zone: McArdle (Meridian Street) of information under the Paperwork preamble, the Coast Guard amends 33 Bridge, Chelsea River, Chelsea, MA Reduction Act of 1995 (44 U.S.C. 3501 CFR part 165 as follows: AGENCY: Coast Guard, DOT. et seq.). PART 165Ð[AMENDED] ACTION: Temporary final rule. Federalism SUMMARY: The Coast Guard is We have analyzed this rule under 1. The authority citation for Part 165 establishing a temporary safety zone on Executive Order 13132 and have continues to read as follows: the Chelsea River for the McArdle determined that this rule does not have Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Bridge. The safety zone temporarily implications for federalism under that 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; closes all waters of the Chelsea River order. 49 CFR 1.46. § 165.100 is also issued under authority of Sec. 311, Pub. L. 105–383. 100 yards upstream and 100 yards Unfunded Mandates Reform Act downstream from the centerline of the 2. Add temporary § 165.T05–035 to McArdle Bridge. The safety zone is The Unfunded Mandates Reform Act read as follows: of 1995 (2 U.S.C. 1531–1538) governs needed to protect vessels from the the issuance of federal regulations that § 165.T05±035 Safety Zone; Chesapeake hazards posed during repairs to the require unfunded mandates. An Bay, Hampton, VA. bascule floor beams and bridge fender unfunded mandate is a regulation that (a) Location. The following area is a system. requires a state, local, or tribal safety zone: All waters of the DATES: This rule is effective from government or the private sector to Chesapeake Bay within a 1000-foot Friday, August 11, 2000, through incur direct costs without the Federal radius of a fireworks laden barge in Friday, October 6, 2000. During the Government’s having first provided the approximate position 37°00′03″N, effective dates, the channel will be funds to pay those unfunded mandate 076°18′26″W. closed Monday through Thursday from

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(5 U.S.C. 601–612.), the Coast Guard The repair work requires the closures sunset each day, the channel will be considered whether this rule would to extend for at least 48 hours once a open with construction on-going. have a significant economic impact on week, which minimizes lost work time ADDRESSES: Documents as indicated in a substantial number of small entities. due to setting up and cleaning the site this preamble are part of docket CGD01– ‘‘Small entities’’ may include (1) small for ship traffic, and minimizes the 00–203 and are available for inspection businesses and not-for-profit number of times the river will be or copying at Marine Safety Office organizations that are independently required to be closed for repair work. Boston, 455 Commercial Street, Boston, owned and operated and are not MA between the hours of 8 a.m. and 3 The Coast Guard was able to balance this need with community demands dominant in their fields and (2) p.m., Monday through Friday, except governmental jurisdictions with Federal holidays. through the aforementioned open forum. The group arrived at a consensus populations of less than 50,000. The FOR FURTHER INFORMATION CONTACT: between marine operators, the bridge Coast Guard certifies under section Lieutenant (Junior Grade) David Sherry, owner, Massachusetts State Highway 605(b) of the Regulatory Flexibility Act Waterways Management Division, Coast officials, construction contractor, and (5 U.S.C. 601 et seq.) that this rule will Guard Marine Safety Office Boston, harbor pilots. 33 Code of Federal not have a significant impact on a (617) 223–3000. Regulations, § 165.120 places substantial number of small entities. SUPPLEMENTARY INFORMATION: limitations on night time Chelsea River This rule will affect the following entities, some of which may be small Regulatory Information transits, making daylight hours more favorable to maritime commerce in the entities: the owners or operators of Pursuant to 5 U.S.C 553, a notice of river. Therefore, the group, based on the vessels intending to transit or anchor in proposed rulemaking (NPRM) was not contractor’s recommendation, agreed a portion of the Chelsea River between published for this regulation. Good that the majority of the closures should August 11, 2000 through October 6, cause exists for not publishing a NPRM occur between sunset and sunrise. The 2000. and for making this regulation effective safety zone will be effective from This safety zone will not have a in less than 30 days after Federal Friday, August 11, 2000 through Friday, significant economic impact on a Register publication. Conclusive October 6, 2000. During the effective substantial number of small entities for information about bridge repairs to the dates, the channel will be closed the following reasons: The Coast Guard McCardle Bridge were not provided to Monday through Thursday from sunset will issue maritime advisories before the the Coast Guard until August 1, 2000, to sunrise, and Friday at sunset until effective period that will be widely making it impossible to draft or publish Monday at sunrise each week. Monday available to users of the river; and the a NPRM or a final rule 30 days in through Friday from sunrise to sunset closures are based on waterway user advance of its effective date. Publishing each day, the channel will be open with input. a NPRM and delaying its effective date construction on-going. The Coast Guard Assistance for Small Entities would be contrary to public interest will make Marine Safety Information since immediate action is needed to Broadcasts and Local Notice to Mariners Under section 213(a) of the Small close a portion of the Chelsea River and announcements informing mariners of Business Regulatory Enforcement protect the maritime public from the this safety zone. Fairness Act of 1996 (Pub. L. 104–121), hazards associated with bridge repair the Coast Guard offered to assist small activities. Regulatory Evaluation entities in understanding this final rule This final rule is not a significant so that they could better evaluate its Background and Purpose regulatory action under section 3(f) of effects on them and participate in the The McArdle Bridge over the Chelsea Executive Order 12866 and does not rulemaking process. The Coast Guard River, Chelsea, MA, fender system and require an assessment of potential costs coordinated meetings on May 18 and 26, bascule floor beams require repairs. and benefits under section 6(a)(3) of that June 12 and 18, and August 1, 2000, During the repair evolution, barges will Order. The Office of Management and involving Chelsea River users to gain be moored in the center of the channel. Budget has not reviewed it under that input and feedback on closures. The Barge placement requires the closure of Order. It is not significant under the group organized and agreed upon the the waterway to ensure vessel safety regulatory policies and procedures of schedule provided. If your small during repairs to the bridge fender the Department of Transportation (DOT) business or organization would be system. Additionally, certain structural (44 FR 11040; February 26, 1979). The affected by this final rule and you have repair work will prevent the bridge from Coast Guard expects the economic questions concerning its provisions or opening for prolonged periods. impact of this rule to be so minimal that options for compliance, please call This regulation establishes a safety a full regulatory evaluation under Lieutenant (Junior Grade) David Sherry, zone in all waters of the Chelsea River paragraph 10e of the regulatory policies telephone (617) 223–3000. 100 yards upstream and 100 yards and procedures of DOT is unnecessary. The Ombudsman at Regulatory downstream from the centerline of the This finding is based on the limited Enforcement for Small Business and McArdle Bridge. This safety zone duration of the safety zone and limited Agriculture, and 10 Regional Fairness prohibits entry into or movement within commercial traffic expected in the area Boards, were established to receive this portion of the Chelsea River. In an during the effective periods. Moreover, comments from small business about effort to maximize commerce during the commercial operators will receive enforcement by Federal agencies. The closures, waterway users were invited to advance channel closure notification Ombudsman evaluates these actions provide input at meetings on the through Port Operators Group meetings, annually and rates each agency’s following dates: May 18 and 26, June 12 Safety Marine Information Broadcasts responsiveness to small business. If you and 18, and August 1, 2000. The and industry dissemination. The early wish to comment on actions by meetings, hosted by Marine Safety notification will permit mariners ample employees of the Coast Guard, call 1– Office Boston, were attended by 15 time to alter voyage plans. 888–REG–FAIR (1–888–734–3247).

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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)

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51543 requires that the Secretary of the Interior returning to the Kuskokwim River and Yukon River Drainage and the Secretary of Agriculture its tributaries to meet escapement on the Returns of chinook and summer chum (Secretaries) implement a joint program spawning grounds. All king salmon salmon to the Yukon River are at or near to grant a preference for subsistence escapement monitoring projects are recorded lows. Low catches of chinook uses of fish and wildlife resources on showing extremely weak king salmon salmon have also been reported by public lands, unless the State of Alaska returns (60–85% lower than in recent enacts and implements laws of general many subsistence fishermen. Federal years) throughout the Kuskokwim River and State Managers and many applicability that are consistent with drainage. This extremely low ANILCA and that provide for the subsistence users in the region have escapement could jeopardize the strong concerns that not enough subsistence definition, preference, and viability of future returns. This is the participation specified in Sections 803, chinook or summer chum salmon will second consecutive year with poor reach their spawning grounds. All 804, and 805 of ANILCA. In December chinook salmon returns for the 1989, the Alaska Supreme Court ruled chinook and summer chum salmon Kuskokwim River. Subsistence users are that the rural preference in the State escapement monitoring projects show also reporting very low catches of king subsistence statute violated the Alaska that the returns of these species are very Constitution and, therefore, negated salmon. weak throughout the entire Yukon River State compliance with ANILCA. The State Board of Fisheries (BOF) drainage. The various weirs, sonars and The Department of the Interior and met on Saturday July 8, 2000 to review counting stations in the drainage the Department of Agriculture the status of king salmon returns on the reported chinook salmon returns 41% to (Departments) assumed, on July 1, 1990, Kuskokwim River and determined that 85% below average and summer chum responsibility for implementation of an emergency exists. The BOF then took returns 49% to 91% below average. Title VIII of ANILCA on public lands. action to (1) restrict drift and set gill net The Alaska Department of Fish and Consistent with Subparts A, B, and C of mesh size to six inches or less for the Game issued Emergency Orders closing these regulations, as revised January 8, subsistence fishery in the entire sport fishing for chinook and chum 1999, (64 FR 1276), the Departments Kuskokwim River drainage, and (2) salmon in the Yukon drainage and established a Federal Subsistence Board reduce the daily bag and possession restricting subsistence fishing to certain to administer the Federal Subsistence limit in the entire Kuskokwim River times each week in the various fishing Management Program. The Board’s drainage to one king salmon when districts along the river. The commercial composition includes a Chair appointed subsistence fishing using a line attached and personal use fishery in the Yukon by the Secretary of the Interior with to a rod or pole. In addition, ADF&G has River had previously been closed. concurrence of the Secretary of closed the sport fishery for king salmon On July 19, the Federal Subsistence Agriculture; the Alaska Regional in the entire Kuskokwim River drainage Board instituted the following Director, U.S. Fish and Wildlife Service; and no commercial fishing periods are adjustments for the Yukon River the Alaska Regional Director, U.S. drainage: National Park Service; the Alaska State being considered for the Kuskokwim During any commercial salmon Director, U.S. Bureau of Land River. fishing season closure of greater than Management; the Alaska Regional On July 10, the Federal Subsistence five days in duration, you may take Director, U.S. Bureau of Indian Affairs; Board adopted an emergency action salmon only during the following and the Alaska Regional Forester, USDA restricting drift and set gillnet mesh size periods in the following districts: Forest Service. Through the Board, these to six inches or less for the subsistence agencies participate in the development fishery in the Kuskokwim River (A) In Districts 1, 2, and 3, salmon of regulations for Subparts A, B, and C, drainage within the boundaries of the may be taken from 9:00 a.m. until 9:00 and the annual Subpart D regulations. Yukon Delta National Wildlife Refuge, p.m. each Saturday; Because this rule relates to public and reducing the daily bag and (B) In District 4, salmon may be taken lands managed by an agency or agencies possession limit in the Kuskokwim from 6:00 p.m. Tuesday until 6:00 p.m. in both the Departments of Agriculture River drainage to one chinook salmon Wednesday and from 6:00 p.m. Friday and the Interior, identical closures and with a rod and reel. The gear restriction until 6:00 p.m. Saturday; adjustments would apply to 36 CFR part to six inches or less will minimize the (C) In District 5, salmon may be taken 242 and 50 CFR part 100. chinook harvest to a few smaller fish from 9:00 p.m. Saturday until 9:00 p.m. Subpart D regulations for the 2000 (which are predominantly male) while Sunday, from 9:00 p.m. Tuesday until fishing seasons and harvest limits, and allowing subsistence users the 9:00 a.m. Wednesday, and from 9:00 methods and means were published on opportunity to continue to harvest p.m. Thursday until 9:00 a.m. Friday; January 8, 1999, (64 FR 1276). chum, sockeye, and coho salmon, (D) In District 6, salmon may be taken These emergency closures and whitefish and other resident fish from 6:00 p.m. Monday until 6:00 p.m. adjustments are necessary because of species. The smaller gillnet mesh would Tuesday. extremely weak returns of chinook (king) salmon in the Kuskokwim River also protect the larger female king During any commercial salmon drainage, of chinook and summer-run salmon. Female and large male king fishing season closure of greater than chum salmon in the Yukon River salmon are more susceptible to a gillnet five days in duration, you may take fish drainage, and of sockeye (red) salmon in with eight inch mesh or larger. The other than salmon only with gillnets Redoubt Lake. These emergency actions limited rod and reel harvest does allow with a stretched mesh size of 4 inches are authorized and in accordance with for subsistence users to catch a king or less or with other legal gear except 50 CFR 100.19(c) and 36 CFR 242.19(c). salmon for immediate consumption fishwheels. when necessary. This would also bring These adjustments bring the Federal Kuskokwim River Drainage the Federal subsistence fishing subsistence fishing regulations in line The Federal Subsistence Board, the regulations in line with the similar BOF with the similar ADF&G action for Alaska Department of Fish and Game, action for unified management and unified management and minimize and subsistence users are concerned minimize confusion under the dual confusion under the dual management that there are not enough king salmon management system. system.

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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

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51545 dimethenamid, 2-chloro-N-[(1-methyl-2- Industrial Classification System will expire and are revoked on methoxy)ethyl]-N-(2,4-dimethylthien-3- (NAICS) codes have been provided to December 31, 2002. EPA will publish a yl)-acetamide in or on dry bulb onions, assist you and others in determining document in the Federal Register to sugar beets roots, tops, pulp and whether or not this action might apply remove the revoked tolerances from the molasses. This action is in response to to certain entities. If you have questions Code of Federal Regulations. EPA’s granting of an emergency regarding the applicability of this action Section 408(l)(6) of the FFDCA exemption under section 18 of the to a particular entity, consult the person requires EPA to establish a time-limited Federal Insecticide, Fungicide, and listed under FOR FURTHER INFORMATION tolerance or exemption from the Rodenticide Act authorizing use of the CONTACT. requirement for a tolerance for pesticide pesticide on dry bulb onions and sugar chemical residues in food that will B. How Can I Get Additional result from the use of a pesticide under beets. This regulation establishes a Information, Including Copies of This maximum permissible level for residues an emergency exemption granted by Document and Other Related EPA under section 18 of FIFRA. Such of dimethenamid in these food Documents? commodities. The tolerances will expire tolerances can be established without and are revoked on December 31, 2002. 1. Electronically. You may obtain providing notice or period for public electronic copies of this document, and comment. EPA does not intend for its DATES: This regulation is effective certain other related documents that August 24, 2000. Objections and actions on section 18 related tolerances might be available electronically, from requests for hearings, identified by to set binding precedents for the the EPA Internet Home Page at http:// docket control number OPP–301038, application of section 408 and the new www.epa.gov/. To access this safety standard to other tolerances and must be received by EPA on or before document, on the Home Page select exemptions. October 23, 2000. ‘‘Laws and Regulations,’’ ‘‘Regulations Section 408(b)(2)(A)(i) of the FFDCA ADDRESSES: Written objections and and Proposed Rules,’’ and then look up allows EPA to establish a tolerance (the hearing requests may be submitted by the entry for this document under the legal limit for a pesticide chemical mail, in person, or by courier. Please ‘‘Federal Register—Environmental residue in or on a food) only if EPA follow the detailed instructions for each Documents.’’ You can also go directly to determines that the tolerance is ‘‘safe.’’ method as provided in Unit VII. of the the Federal Register listings at http:// Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to SUPPLEMENTARY INFORMATION. To ensure www.epa.gov/fedrgstr/. mean that ‘‘there is a reasonable proper receipt by EPA, your objections 2. In person. The Agency has certainty that no harm will result from and hearing requests must identify established an official record for this aggregate exposure to the pesticide docket control number OPP–301038 in action under docket control number chemical residue, including all the subject line on the first page of your OPP–301038. The official record anticipated dietary exposures and all response. consists of the documents specifically other exposures for which there is FOR FURTHER INFORMATION CONTACT: By referenced in this action, and other reliable information.’’ This includes mail: Barbara Madden, Registration information related to this action, exposure through drinking water and in Division (7505C), Office of Pesticide including any information claimed as residential settings, but does not include Programs, Environmental Protection Confidential Business Information (CBI). occupational exposure. Section Agency, 1200 Pennsylvania Ave., NW., This official record includes the 408(b)(2)(C) requires EPA to give special Washington, DC 20460; telephone documents that are physically located in consideration to exposure of infants and number: (703) 305–6463; and e-mail the docket, as well as the documents children to the pesticide chemical address: [email protected]. that are referenced in those documents. residue in establishing a tolerance and SUPPLEMENTARY INFORMATION: The public version of the official record to ‘‘ensure that there is a reasonable does not include any information certainty that no harm will result to I. General Information claimed as CBI. The public version of infants and children from aggregate A. Does this Action Apply to Me? the official record, which includes exposure to the pesticide chemical printed, paper versions of any electronic residue. . . .’’ You may be potentially affected by comments submitted during an Section 18 of the Federal Insecticide, this action if you are an agricultural applicable comment period is available Fungicide, and Rodenticide Act (FIFRA) producer, food manufacturer, or for inspection in the Public Information authorizes EPA to exempt any Federal pesticide manufacturer. Potentially and Records Integrity Branch (PIRIB), or State agency from any provision of affected categories and entities may Rm. 119, Crystal Mall #2, 1921 Jefferson FIFRA, if EPA determines that include, but are not limited to: Davis Hwy., Arlington, VA, from 8:30 ‘‘emergency conditions exist which a.m. to 4 p.m., Monday through Friday, require such exemption.’’ This excluding legal holidays. The PIRIB provision was not amended by the Food telephone number is (703) 305–5805. Quality Protection Act (FQPA). EPA has Cat- NAICS Examples of Poten- established regulations governing such egories tially Affected Entities II. Background and Statutory Findings emergency exemptions in 40 CFR part Industry 111 Crop production EPA, on its own initiative, in 166. accordance with sections 408(e) and 408 112 Animal production III. Emergency Exemption for 311 Food manufacturing (l)(6) of the Federal Food, Drug, and 32532 Pesticide manufac- Cosmetic Act (FFDCA), 21 U.S.C. 346a, Dimethenamid on Onions and Sugar turing is establishing tolerances for residues of Beets and FFDCA Tolerances the herbicide dimethenamid, 2-chloro- 1. Onions. Onions in New York are This listing is not intended to be N-[(1-methyl-2-methoxy)ethyl]-N-(2,4- seeded in early spring in cool soils and, exhaustive, but rather provides a guide dimethylthien-3-yl)-acetamide, in or on therefore, grow very slowly during the for readers regarding entities likely to be dry bulb onions at 0.01 part per million first weeks of the season, thus, onions affected by this action. Other types of (ppm), sugar beets roots and tops at 0.01 can quickly be overrun by early entities not listed in the table could also ppm and sugar beet dry pulp and germinating weeds. Because of the be affected. The North American molasses at 0.05 ppm. These tolerances manner in which an onion plant grows,

VerDate 112000 16:06 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm03 PsN: 24AUR1 51546 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations it never develops a leaf canopy that the need to move quickly on the a determination on aggregate exposure, shades the soil as effectively as do most emergency exemption in order to consistent with section 408(b)(2), for crops. Consequently, an onion crop address an urgent non-routine situation time-limited tolerances for residues of remains subject to weed competition and to ensure that the resulting food is dimethenamid in or on dry bulb onions throughout the growing season. Any safe and lawful, EPA is issuing these at 0.01 ppm, sugar beets roots and tops weeds not controlled during the first 6– tolerances without notice and at 0.01 ppm and sugar beet dry pulp and 8 weeks usually must be removed by opportunity for public comment as molasses at 0.05 ppm. EPA’s assessment hand, as they are no longer susceptible provided in section 408(l)(6). Although of the dietary exposures and risks to most postemergence herbicides and these tolerances will expire and are associated with establishing the cannot be removed by mechanical revoked on December 31, 2002, under tolerances follows. cultivation. For weeds within the onion FFDCA section 408(l)(5), residues of the A. Toxicological Endpoints row, even hand weeding becomes pesticide not in excess of the amounts impractical as weeds get large because specified in the tolerance remaining in The dose at which no adverse effects they cannot be pulled out of the soil or on dry bulb onions and sugar beets are observed (NOAEL) from the without uprooting adjacent onion after that date will not be unlawful, toxicology study identified as plants. provided the pesticide is applied in a appropriate for use in risk assessment is Until the mid 1980’s, New York onion manner that was lawful under FIFRA, used to estimate the toxicological growers relied on the herbicide, Randox, and the residues do not exceed a level endpoint. However, the lowest dose at for effective broad spectrum weed that was authorized by these tolerances which adverse effects of concern are control. After Randox was discontinued, at the time of that application. EPA will identified (LOAEL) is sometimes used it was replaced primarily by Prowl. take action to revoke these tolerances for risk assessment if no NOAEL was However, Prowl has no activity on earlier if any experience with, scientific achieved in the toxicology study yellow nutsedge and in the last 10 to 15 data on, or other relevant information selected. An uncertainty factor (UF) is years almost all of muck soil onion on this pesticide indicate that the applied to reflect uncertainties inherent fields have been infested with yellow residues are not safe. in the extrapolation from laboratory nutsedge. Prowl also fails to control a Because these tolerances are being animal data to humans and in the number of other broad leaf weeds that approved under emergency conditions, variations in sensitivity among members Randox once controlled. Dual, a EPA has not made any decisions about of the human population as well as herbicide registered for use to control whether dimethenamid meets EPA’s other unknowns. An UF of 100 is yellow nutsedge, only provides limited registration requirements for use on dry routinely used, 10X to account for control because it can not be used until bulb onions and sugar beets or whether interspecies differences and 10x for the onions are in the 2-leaf stage and in a permanent tolerance for this use intraspecies differences. most cases yellow nutsedge infestations would be appropriate. Under these For dietary risk assessment (other are out of control by that time. circumstances, EPA does not believe than cancer) the Agency uses the UF to 2. Sugar Beets. Historically, one that these tolerances serve as a basis for calculate an acute or chronic reference application of Ro-Neet applied alone or registration of dimethenamid by a State dose (acute RfD or chronic RfD) where sequentially with one application of for special local needs under FIFRA the RfD is equal to the NOAEL divided Eptam, followed by one or two section 24(c). Nor do these tolerances by the appropriate UF (RfD = NOAEL/ cultivations provided acceptable season- serve as the basis for any State other UF). Where an additional safety factor is long control of weeds for many than New York and Washington to use retained due to concerns unique to the Washington sugar beet growers. By this pesticide on these crops under FQPA, this additional factor is applied 1998, growers began to question section 18 of FIFRA without following to the RfD by dividing the RfD by such whether products that had once all provisions of EPA’s regulations additional factor. The acute or chronic provided effective control in sugar beets implementing section 18 as identified in Population Adjusted Dose (aPAD or were still providing acceptable levels of 40 CFR part 166. For additional cPAD) is a modification of the RfD to control. By the 1999 growing season, information regarding the emergency accommodate this type of FQPA Safety growers felt that currently registered exemption for dimethenamid, contact Factor. herbicides were no longer sufficient to the Agency’s Registration Division at the For non-dietary risk assessments allow cost effective sugar beet address provided under FOR FURTHER (other than cancer) the UF is used to production. INFORMATION CONTACT. determine the level of concern (LOC). EPA has authorized under FIFRA For example, when 100 is the section 18 the use of dimethenamid on IV. Aggregate Risk Assessment and appropriate UF (10x to account for dry bulb onions in New York and sugar Determination of Safety interspecies differences and 10x for beets in Washington for control of EPA performs a number of analyses to intraspecies differences) the LOC is 100. weeds. After having reviewed the determine the risks from aggregate To estimate risk, a ratio of the NOAEL submission, EPA concurs that exposure to pesticide residues. For to exposures (margin of exposure (MOE) emergency conditions exist for these further discussion of the regulatory = NOAEL/exposure) is calculated and States. requirements of section 408 and a compared to the LOC. As part of its assessment of this complete description of the risk The linear default risk methodology emergency exemption, EPA assessed the assessment process, see the final rule on (Q*) is the primary method currently potential risks presented by residues of Bifenthrin Pesticide Tolerances (62 FR used by the Agency to quantify dimethenamid in or on dry bulb onions 62961, November 26, 1997) (FRL–5754– carcinogenic risk. The Q* approach and sugar beets. In doing so, EPA 7). assumes that any amount of exposure considered the safety standard in Consistent with section 408(b)(2)(D), will lead to some degree of cancer risk. FFDCA section 408(b)(2), and EPA EPA has reviewed the available A Q* is calculated and used to estimate decided that the necessary tolerances scientific data and other relevant risk which represents a probability of under FFDCA section 408(l)(6) would be information in support of this action. occurrence of additional cancer cases consistent with the safety standard and EPA has sufficient data to assess the (e.g., risk is expressed as 1 × 10¥6 or one with FIFRA section 18. Consistent with hazards of dimethenamid and to make in a million). Under certain specific

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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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The PRZM/EXAMS EPA does not have, at this time, analysis evaluated the individual food model includes a percent crop area available data to determine whether consumption as reported by factor as an adjustment to account for dimethenamid has a common respondents in the USDA 1989–1992 the maximum percent crop coverage mechanism of toxicity with other nationwide Continuing Surveys of Food within a watershed or drainage basin. substances or how to include this Intake by Individuals (CSFII) and None of these models include pesticide in a cumulative risk accumulated exposure to the chemical consideration of the impact processing assessment. Unlike other pesticides for for each commodity. The following (mixing, dilution, or treatment) of raw which EPA has followed a cumulative assumptions were made for the acute water for distribution as drinking water risk approach based on a common exposure assessments: all residues would likely have on the removal of mechanism of toxicity, dimethenamid occurred at tolerance levels and 100% pesticides from the source water. The does not appear to produce a toxic of crops with dimethenamid tolerances primary use of these models by the metabolite produced by other were treated. Agency at this stage is to provide a substances. For the purposes of this ii. Chronic exposure. In conducting coarse screen for sorting out pesticides tolerance action, therefore, EPA has not this chronic dietary risk assessment the for which it is highly unlikely that assumed that dimethenamid has a DEEM analysis evaluated the drinking water concentrations would common mechanism of toxicity with individual food consumption as ever exceed human health levels of other substances. For information reported by respondents in the USDA concern. regarding EPA’s efforts to determine 1989–1992 nationwide CSFII and Since the models used are considered which chemicals have a common accumulated exposure to the chemical to be screening tools in the risk mechanism of toxicity and to evaluate for each commodity. The following assessment process, the Agency does the cumulative effects of such assumptions were made for the chronic not use estimated environmental chemicals, see the final rule for exposure assessments: all residues concentrations (EECs) from these Bifenthrin Pesticide Tolerances occurred at tolerance levels and that models to quantify drinking water November 26, 1997, (62 FR 62961) 100% of crops with dimethenamid exposure and risk as a %RfD or %PAD. (FRL–5754–7). tolerances were treated. Instead, drinking water levels of iii. Cancer. Dimethenamid has been comparison (DWLOCs) are calculated C. Safety Factor for Infants and Children classified as a Category ‘‘C’’ (possible and used as a point of comparison 1. Safety factor for infants and human carcinogen), based on increased against the model estimates of a children—i. In general. FFDCA section tumor incidence only in rats (not mice). pesticide’s concentration in water. 408 provides that EPA shall apply an The Agency determined that a DWLOCs are theoretical upper limits on additional tenfold margin of safety for quantitative cancer risk assessment is a pesticide’s concentration in drinking infants and children in the case of not required. The RfD approach was water in light of total aggregate exposure threshold effects to account for pre-natal used to estimate cancer risk. Therefore to a pesticide in food, and from and post-natal toxicity and the the chronic (non-cancer) risk assessment residential uses. Since DWLOCs address completeness of the data base on is adequate estimate of cancer risk as total aggregate exposure to toxicity and exposure unless EPA well as other chronic effects. dimethenamid they are further determines that a different margin of 2. Dietary exposure from drinking discussed in the aggregate risk sections safety will be safe for infants and water. The Agency lacks sufficient below. children. Margins of safety are monitoring exposure data to complete a Based on the GENEEC and SCI-GROW incorporated into EPA risk assessments comprehensive dietary exposure models the estimated environmental either directly through use of a MOE analysis and risk assessment for concentrations (EECs) of dimethenamid analysis or through using uncertainty dimethenamid in drinking water. in surface water and ground water, for (safety) factors in calculating a dose Because the Agency does not have acute exposures are estimated to be 63.5 level that poses no appreciable risk to comprehensive monitoring data, parts per billion (ppb) for surface water humans. drinking water concentration estimates and 0.412 ppb for ground water. The ii. Developmental toxicity studies. In are made by reliance on simulation or EECs for chronic exposures are a developmental toxicity study in rats, modeling taking into account data on estimated to be 17 ppb for surface water maternal toxicity was evidenced by the physical characteristics of and 0.412 ppb for ground water. excessive salivation, increased liver dimethenamid. 3. From non-dietary exposure. The weight and reduced body weight gain The Agency uses the Generic term ‘‘residential exposure’’ is used in and food consumption at 215 and 425 Estimated Environmental Concentration this document to refer to non- milligrams per kilogram per day (mg/kg/ (GENEEC) or the Pesticide Root Zone/ occupational, non-dietary exposure day). Developmental toxicity was Exposure Analysis Modeling System (e.g., for lawn and garden pest control, evidenced by an increased incidence of (PRZM/EXAMS) to estimate pesticide indoor pest control, termiticides, and resorption in the 425 mg/kg/day rats. concentrations in surface water and SCI- flea and tick control on pets). The maternal NOAEL is 50 mg/kg/day GROW, which predicts pesticide Dimethenamid is not registered for use and the maternal LOAEL is 215 mg/kg/ concentrations in groundwater. In on any sites that would result in day. The developmental NOAEL is 215 general, EPA will use GENEEC (a tier 1 residential exposure. mg/kg/day and the developmental model) before using PRZM/EXAMS (a 4. Cumulative exposure to substances LOAEL is 425 mg/kg/day. tier 2 model) for a screening-level with a common mechanism of toxicity. In a developmental toxicity study in assessment for surface water. The Section 408(b)(2)(D)(v) requires that, rabbits, maternal toxicity was evidenced GENEEC model is a subset of the PRZM/ when considering whether to establish, by decreased body weight, food EXAMS model that uses a specific high- modify, or revoke a tolerance, the consumption and increased abortion/ end runoff scenario for pesticides. Agency consider ‘‘available premature delivery at 75 and 150 mg/

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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 . 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

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51553 removing Channel 222C2 and adding DEPARTMENT OF COMMERCE comments on any ambiguity or Channel 222C3 at London. unnecessary complexity arising from the National Oceanic and Atmospheric language used in this final rule to 9. Section 73.202(b), the Table of FM Administration Regional Administrator, 709 West Ninth Allotments under Louisiana, is Street, Federal Office Building, Suite amended by removing Channel 250A 50 CFR Part 679 453, National Marine Fisheries Service, and adding Channel 250C2 at De Ju:neau, AK 99801. Ridder. [Docket No. 000511130-0237-02; I.D. 032900C] FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228. 10. Section 73.202(b), the Table of FM RIN 0648-AN25 Allotments under Michigan, is amended SUPPLEMENTARY INFORMATION : NMFS by removing Channel 288A and adding Fisheries of the Exclusive Economic manages the groundfish fisheries in the Channel 288C1 at Pickford. Zone Off Alaska; Allocation of Pacific Exclusive Economic Zone (3 to 200 miles offshore) of the BSAI pursuant to 11. Section 73.202(b), the Table of FM Cod among Vessels Using Hook-and- line or Pot Gear in the Bering Sea and the FMP, which the Council prepared Allotments under Nebraska, is amended Aleutian Islands and NMFS approved in accordance with by removing Channel 272C3 and adding the Magnson-Stevens Fishery Channel 275C1 at Kearney. AGENCY: National Marine Fisheries Conservation and Management Act, Service (NMFS), National Oceanic and 12. Section 73.202(b), the Table of FM Pub. L. 94-265, 16 U.S.C. 1801 Atmospheric Administration (NOAA), (Magnson-Stevens Act). Allotments under New Mexico, is Commerce. The Council adopted Amendment 64 amended by removing Channel 275A ACTION: at its October 1999 meeting. NMFS and adding Channel 275C2 at Las Vegas. Final rule; revision of final 2000 harvest specifications; closure. published the Notice of Availability for 13. Section 73.202(b), the Table of FM the amendment in the Federal Register Allotments under Oregon, is amended SUMMARY: NMFS issues regulations to on April 11, 2000 (65 FR 19354), by removing Channel 259A and adding implement Amendment 64 to the inviting public review and comment on Channel 259C3 at Bend. Fishery Management Plan for the the FMP amendment through June 12, Groundfish Fishery of the Bering Sea 2000. NMFS approved Amendment 64 14. Section 73.202(b), the Table of FM and Aleutian Islands Area (FMP). NMFS on July 12, 2000. Allotments under Texas, is amended by also revises the 2000 harvest NMFS published a proposed rule to removing Channel 251C2 and adding specifications for Pacific cod in the implement Amendment 64 and revise Channel 251C1 at Anson and by Bering Sea and Aleutian Islands the 2000 harvest specifications for removing Channel 240C3 and adding management area (BSAI) to be Pacific cod in the Federal Register on Channel 239C2 at Big Spring and by consistent with these regulations and May 26, 2000 (65 FR 34133). The public removing Channel 284C and adding closes directed fishing for Pacific cod in comment period on the proposed rule Channel 284C1 at Burkburnett and by the BSAI by hook-and-line catcher ended on July 10, 2000. NMFS received removing Channel 236C2 and adding vessels over 60 ft length overall (LOA) a total of 14 letters of comment, 11 Channel 236C1 at Comfort and by and pot vessels over 60 ft LOA. This supporting the amendment and 3 opposing it. All comments are removing Channel 241C2 and adding closure is necessary to prevent summarized and responded to under the Channel 241C1 at Odessa and by exceeding the respective allocations of Response to Comments section. removing Channel 285C2 and adding the hook-and-line and pot gear (fixed Channel 285C1 at Pilot Point and by gear) Pacific cod total allowable catch Background and Need for Action (TAC) specified for each of these gear removing Channel 245A and adding sectors in Amendment 64 and Beginning in 1997, Amendment 46 to Channel 245C3 at Pittsburg. implemented by this final rule and the the FMP allocated the TAC for BSAI 15. Section 73.202(b), the Table of FM revised specifications. This final rule is Pacific cod among vessels using jig gear, trawl gear, and fixed gear. Two percent Allotments under Washington, is necessary to implement Amendment 64 of the TAC is reserved for jig gear, 47 amended by removing Channel 249A and to respond to the fishing industry’s socioeconomic needs that have been percent for trawl gear, and 51 percent and adding Channel 249C3 at East for fixed gear. The amendment further Wenatchee. identified by the North Pacific Fishery Management Council (Council). It is split the trawl allocation equally Federal Communications Commission. intended to promote the goals and between catcher vessels and catcher/ John A. Karousos, objectives of the FMP. processor vessels, but no split was adopted for the 51 percent allocated to Chief, Allocations Branch, Policy and Rules DATES: Final rule and revisions to the Division, Mass Media Bureau. hook-and-line and pot vessels. specifications are effective September 1, Increased prices for Pacific cod, [FR Doc. 00–21398 Filed 8–23–00; 8:45 am] 2000; Closure is effective 1200 hrs, reduced crab guideline harvest levels, BILLING CODE 6712±01±P Alaska local time (A.l.t.), September 1, and shortened or canceled crab seasons 2000, until 2400 hrs, A.l.t., December due to low resource abundance have 31, 2000. resulted in increased harvests of Pacific ADDRESSES: Copies of Amendment 64 cod by vessels using pot gear. and the Environmental Assessment/ Fishermen displaced from crab fisheries Regulatory Impact Review/Initial have expressed ongoing interest in Regulatory Flexibility Analysis (EA/ fishing for Pacific cod, aggravating RIR/IRFA) and the supplementary Final concerns by long-term Pacific cod Regulatory Flexibility Analysis (FRFA) fishermen about erosion of their gear prepared for this action are available harvest shares in the cod fishery in favor from the Council at 605 West 4th of new entrants using pot gear who, Avenue Suite 306, Anchorage, AK until very recently, focused harvest 99501, telephone 907-271-2809. Send activity in the BSAI crab fisheries.

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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

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51555 as the hook-and-line gear fishery for Pacific cod in the non-groundfish 2000), a mid-year implementation of Pacific halibut or the crab pot gear fisheries. Amendment 64 requires that any fisheries. Sufficient data currently are Subsequent to the Council’s October overage of a sector’s annual allocation of not collected from these fisheries that 1999 adoption of Amendment 64, Pacific cod be deducted proportionately would allow NMFS to extrapolate useful several owners of catcher/processor from the other sectors’ allocations estimates of incidental catch for vessels using pot gear to participate in remaining for the year. The directed purposes of specifying the annual ICA a directed fishery for Pacific cod fishery for Pacific cod by vessels using and deducting these amounts from the petitioned the Council to initiate a pot or hook-and-line gear was closed on Pacific cod TAC allocated to vessels separate FMP amendment that would March 10, 2000, when harvest amounts using hook-and-line or pot gear as authorize separate Pacific cod directed reached the first seasonal allowance of directed fishing allowances. The total fishing allowances for catcher/processor Pacific cod specified for these vessels. IAC amount of Pacific cod in the crab vessels using pot gear and catcher At that time, the pot-gear fishery had and Pacific halibut fisheries likely vessels using pot gear. This petition was harvested 20.4 percent of the annual based on the assumptions that increased exceeds several thousand mt based on fixed gear directed fishing allowance. fishing effort for Pacific cod with pot (1) anecdotal information on the amount This amount represents 111 percent of gear is due primarily to catcher vessels of incidentally caught Pacific cod used the 2000 allocation for pot gear vessels using pot gear and that the historical (regardless of LOA) authorized by as bait in the crab fisheries, (2) the fact harvest share of cod by catcher/ that the Pacific halibut fishery during Amendment 64. Also, the hook-and-line processor vessels using pot gear is catcher vessel fleet had harvested 0.35 summer months typically occurs in threatened. In response to these relatively shallow water where Pacific percent of the directed fishing concerns, the Council requested staff to allowance for the fixed gear fleet, or 116 cod are prevalent, and (3) assumptions develop a separate FMP amendment on amount of gear deployed and percent of the 2000 allocation for all that would authorize a further allocation hook-and-line catcher vessels incidental catch rates. In the absence of of Pacific cod between these two the quantitative data needed to estimate (regardless of LOA) authorized under sectors. If adopted by the Council in the Amendment 64. Because these incidental Pacific cod harvests in the future, the proposed amendment and a halibut and crab fisheries, NMFS allocations have been exceeded, this proposed rule to implement it would be action also closes the hook-and-line intends to estimate the ICA only on the published in the Federal Register for basis of incidental catch estimated for catcher vessel and pot gear sectors to public review and comment. further directed fishing for Pacific cod the non-Pacific cod hook-and-line or pot in the BSAI in 2000. gear groundfish fisheries. Revision of 2000 Harvest Specifications for Pacific Cod The Council intends that harvests by NMFS recognizes the potential fixed gear sector vessels under 60 ft biological significance of not accounting In December 1999, the Council recommended seasonal allowances for LOA only accrue against the allocation for all incidental catch of Pacific cod in to fixed gear vessels under 60 ft LOA non-trawl fisheries and intends to the 51 percent of the Pacific cod TAC allocated to the hook-and-line or pot after the pot or longline catcher vessels explore with the State of Alaska and the harvested their 18.3 percent and 0.3 International Pacific Halibut gear fisheries. The seasonal allowances are authorized under § 679.20(a)(7)(iv) percent allocations, respectively. This Commission options to collect better and are based on the criteria set forth at set aside allocation provides that the information on incidental catch rates of § 679.20(a)(7)(iv)(B). The final 2000 smaller vessels will have Pacific cod non-target species in the crab and harvest specifications for BSAI available for harvest even after the larger Pacific halibut fisheries. NMFS further groundfish were approved by NMFS vessels in their sector have taken their anticipates that improved estimates of and published in the Federal Register allocation. The hook-and-line catcher/ incidental catch amounts in these on February 18, 2000 (65 FR 8282). processor and small vessel sectors’ fisheries will be available to the Council By this action NMFS also revises the allocations are adjusted downward to when it reassesses BSAI Pacific cod final 2000 harvest specifications in account for the overharvests by pot gear allocation issues prior to the expiration concert with the hook-and-line and pot and hook-and-line catcher vessels. Table date of Amendment 64. Until then, gear allocations in the amendment. The 1 lists the revisions to the final 2000 NMFS stock assessment scientists final 2000 harvest specifications set the allocations and seasonal believe that, while the amounts of hook-and-line or pot gear allocation of apportionments of the Pacific cod TAC. Pacific cod taken in the crab and Pacific the 2000 Pacific cod TAC at 91,048 mt. Consistent with § 679.20(a)(7)(iv)(C), halibut fisheries could exceed several An incidental catch allowance of 500 any portion of the first seasonal thousand mt, this level of mortality does mt, derived from estimates of incidental allowance of the catcher/processor not pose significant concerns for catch of Pacific cod in other groundfish hook-and-line gear allocation that is not overfishing or sustainable resource fisheries from 1996-1999, will be harvested by the end of the first season management of the Pacific cod resource deducted from the hook-and-line or pot will become available on September 1, given the conservative management of gear allocation of the Pacific cod TAC the beginning of the third season. No this species under the FMP. NMFS before the allocation is apportioned to seasonal apportionment of the amounts firmly believes that steps must be taken the separate gear sectors. of Pacific cod allocated to catcher to collect the data necessary to obtain As noted in the preamble to the vessels or to vessels using pot gear is better estimates of overall mortality of proposed rule (65 FR 34133, May 26, specified for 2000.

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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,

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51557 and are fair, equitable, and calculated to Limitation Program. Amendment 67 has vessels could be considered small promote conservation. not yet been submitted to NMFS for businesses under RFA, processing less While considering economic review. When it is submitted and NMFS than 2 percent of the total shoreside efficiency in the utilization of fishery determines it to be adequate for public landings of Pacific cod by catcher resources, national standard 5 requires review and comment, NMFS will vessels in 1998. Other small entities that management measures not have initiate the public process that would impacted by Amendment 64 are the economic allocation as their sole more appropriately focus on the issue three Alaskan communities that are purpose. The goal of Amendment 64 is raised in comment 3. home to processing plants that process to stabilize the Pacific cod fixed-gear The final rule makes no changes in limited amounts of BSAI Pacific cod: fishery in a way that preserves the the regulations as published in the King Cove, Egegik, and Kenai. historical character of the fishery. proposed rule. Amendment 64 allocates more Pacific Hence, its purpose extends beyond cod to catcher vessels delivering to economics to prevent the negative social Closure shore-based processors than such impacts caused by over-utilization by Hook-and-line catcher vessels and pot vessels have historically harvested, fishing communities historically gear vessels over 60 feet LOA have which will tend to benefit small entities. dependent on the resource, and ensuing already exceeded the allocations of the Conversely, the freezer longline fleet, impacts on the resource. fixed gear Pacific cod TAC that this with the highest proportion of large National standard 8 requires that action establishes as directed fishing entities, will receive a smaller allocation management measures recognize the allowances for those gear sectors: 272 to balance the increase given to catcher importance of fishery resources to mt and 16,570 mt, respectively. vessels. fishing communities and provide for the In accordance with § 679.20(a)(7)(i)(C) Amendment 64 allocates a portion of sustained participation of such and (D), the Administrator, Alaska the Pacific cod resource away from the communities and to the extent Region, NMFS (Regional Administrator), longline catcher-processor fleet and practicable, minimize adverse economic has determined that the hook-and-line moves it to the catcher vessels impacts on such communities. By catcher vessel and pot gear vessel delivering to shore-based processors or basing the allocations on historical directed fishing allowances for Pacific motherships. Because the longline harvests by the respective gear sectors, cod in the BSAI have been exceeded. catcher-processor fleet comprises the the Council intends the amendment to Therefore, the Regional Administrator is highest number of large entities of any stabilize the historical character of the prohibiting directed fishing for Pacific sector fishing off Alaska, this allocation fishery and its dependent communities. cod by hook-and-line catcher vessels tends to favor small entities. By Comment 3. Amendment 64 defies and pot gear vessels over 60 ft LOA in implementing the allocations by gear the conservation and community goals the BSAI. sector without limiting the number of of the Magnson-Stevens Act by vessels in any gear sector that may enter prioritizing gear sectors that have higher Classification the fishery, this action may have the bycatch rates and by laying the This final rule has been determined to effect of increasing competition among groundwork for a subsequent FMP be not significant for purposes of users. However, the Council at its April amendment (the Council’s proposed Executive Order 12866. 2000 meeting took final action to Amendment 67) to reduce the number The Council prepared an EA for this mitigate the effect of this action on of vessels eligible to fish for Pacific cod. FMP amendment that discusses the competition within gear sectors by These actions will disenfranchise impact on the environment as a result recommending for approval by NMFS a smaller size vessels. By creating a of this rule. A copy of this EA is proposed amendment to require gear limited allocation for pot vessels, available from the Council (see and species endorsements on licenses of Amendment 64 will increase effort in ADDRESSES). those who wish to participate in the the Gulf of Alaska and in Alaska state In compliance with the RFA, NMFS fixed gear BSAI Pacific cod fishery. waters by vessels displaced from the prepared a supplementary FRFA The magnitude of the Amendment crab fishery by decreasing crab stocks. consisting of the IRFA, the FRFA, and 64’s impact cannot be conclusively This will increase the potential for the preamble to this final rule. A determined with the data currently localized depletion inside the 3-mile summary of the issues addressed by the available. Most persons operating in the limit and has already forced the Alaska supplementary FRFA follows. fishery impacted by the action are small State Board of Fisheries to establish a For purposes of the RFA, all catcher entities given their expected annual separate allocation and management vessels fishing for Pacific cod using gross revenues of less than $3 million, plan for Pacific cod in State waters. hook-and-line or pot gear are considered and revenues could potentially be Response. NMFS disagrees. small businesses, with annual receipts decreased by more than 5 percent, but Amendment 64 neither prioritizes nor of less than $3 million. Under upcoming that depends on the level of catch that disenfranchises any gear sector. Rather, Amendment 60 to the BSAI Groundfish might be achieved in the absence of an it establishes allocations based on FMP, approximately 330 catcher vessels allocation. Also, impacts of this action historical shares of the Pacific cod would be authorized under the license on potential revenues cannot be isolated harvest by the respective gear sectors. limitation program (LLP) to participate from other factors, including price The intent of the amendment is to in the Bering Sea Pacific cod hook-and- fluctuation, amount of effort exerted by stabilize the fishery against increasing line or pot gear fishery. Of the 98 latent permits, and such stock competition until such time as catcher-processor vessels potentially fluctuation as crab of alternative comprehensive rationalization is authorized under the LLP to fish for fisheries. completed. As the authors of the Pacific cod, approximately one-third As with many allocation-based comment acknowledge, their comment could be considered small entities. Five management measures, this action is directed more properly at the of the ten shore-based plants and involves a percentage allocation of the Council’s upcoming Amendment 67, floating processors operating within TAC among competing groups of which would require area and gear Alaskan state waters and processing vessels. Under the final rule, vessels in endorsements for the fixed gear Pacific most of the Pacific cod harvested by each group primarily are small entities cod fishery as part of the License hook-and-line or pot gear catcher representing a tradeoff in terms of

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 51558 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations impacts (i.e., some small entities could To date, in 2000, the pot gear fleet has PART 679--FISHERIES OF THE be negatively impacted and other harvested 20 percent of the directed EXCLUSIVE ECONOMIC ZONE OFF positively impacted). The Council’s fishing allowance for the fixed gear ALASKA preferred alternative will allocate more fleet, or 111 percent of the 2000 cod to catcher vessels delivering to allocation that is authorized under 1. The authority citation for 50 CFR shore based processors and motherships Amendment 64. This action closes to part 679 continues to read as follows: than they have historically harvested. further fishing in 2000 that sector of the Authority: 16 U.S.C. 773 et seq, 1801 et That allocation will tend to benefit pot gear fishery engaged in directed seq., and 3631 et seq. small entities. The freezer longline fleet, fishing for Pacific cod, with the 2. In § 679.20, paragraph (a)(7)(i)(C) is with the highest proportion of large exception of pot gear vessels under 60 redesignated as paragraph (a)(7)(i)(D), entities, will receive a smaller allocation ft LOA, which will be able to fish under paragraph (a)(7)(ii)(B) is redesignated as to balance the increase given to small the allocation set aside for hook-and- paragraph (a)(7)(ii)(C), paragraph catcher vessels. line catcher vessels and pot gear vessels (a)(7)(iii) is removed, paragraph A future action being considered by under 60 ft LOA. This closure must be (a)(7)(iv) is redesignated as paragraph the Council may have mitigating effects effective by the start of the third Pacific (a)(7)(iii), redesignated paragraphs to some degree. One of the points raised cod season on September 1, 2000, in (a)(7)(i)(D), (a)(7)(ii)(C), (a)(7)(iii)(A), in opposition to the final rule is that order to prevent the further exceeding of and (a)(7)(iii)(C) and paragraph (b)(1)(v) considerable latent capacity exists in the are revised, and new paragraphs pot fleet (many pot vessels are qualified Amendment 64’s allocations. Providing prior notice and an opportunity for (a)(7)(i)(C) and (a)(7)(ii)(B) are added to under the LLP but to date have not read as follows: participated to a great degree in the cod public comment on this closure is fisheries), and freezing that sectors’ impracticable and contrary to the public § 679.20 General limitations. share of the cod quota will disadvantage interest, as further delay would result in * * * * * those pot vessels that do participate further overharvest. Accordingly, the (a) * * * significantly in the cod fishery. They AA finds that there is good cause not to (7) * * * will have potential competition for a provide prior notice and an opportunity (i) * * * relatively small quota from a relatively for public comment pursuant to (C) Allocations among vessels using large number of qualified vessels. There authority set forth at 5 U.S.C. 553(b)(B). hook-and-line or pot gear (Applicable are also longline vessels that represent Likewise, delaying the effectiveness of through December 31, 2003).(1) The potential latent capacity and could this closure beyond September 1, 2000, Regional Administrator annually will impact that sector in the same way, would allow vessels using pot gear to estimate the amount of Pacific cod taken though the degree of that potential is continue to fish for Pacific cod, further as incidental catch in directed fisheries relatively less for that sector. In any eroding traditional hook-and-line for groundfish other than Pacific cod by case, the Council has adopted a follow- shares, and further exceeding the vessels using hook-and-line or pot gear up amendment that would create allocations in Amendment 64. Therefor, and deduct that amount from the species and gear LLP endorsements for pursuant to authority at 5 U.S.C. portion of Pacific cod TAC annually the cod fisheries, based on a minimum 553(d)(3), the AA finds good cause not allocated to hook-and-line or pot gear level of landings and years of to delay for 30 days the effective date of under paragraph (a)(7)(i)(A) of this participation. The intent of this this action and makes this closure section. The remainder will be further amendment is to eliminate the latent effective on September 1, 2000. This allocated as directed fishing allowances capacity described above, and create a action is required by § 679.20 and is as follows: more stable operating environment for exempt from review under E.O. 12866. (i) 80 percent to catcher/processor the remaining vessels in each of the vessels using hook-and-line gear; fixed gear sectors. The President has directed Federal (ii) 0.3 percent to catcher vessels September 1, 2000, is the scheduled agencies to use plain language in their using hook-and-line gear; opening date of the third season of the communication with the public, (iii) 18.3 percent to vessels using pot 2000 fixed-gear fishery for Pacific cod. including regulations. To comply with gear; and If this rule implementing Amendment this directive, we seek public comment (iv) 1.4 percent to catcher vessels less 64’s allocations is not effective by that on any ambiguity or unnecessary than 60 ft LOA that use either hook-and- date, vessels using pot gear could complexity arising from the language line or pot gear. continue to fish for Pacific cod and used in this final rule. Such comments (2) Harvests of Pacific cod made by further erode traditional hook-and-line should be sent to the Alaska Regional catcher vessels less than 60 ft LOA shares. A delay in the effectiveness of Administrator (see ADDRESSES). using pot gear will not accrue to the 1.4 this rule beyond September 1, 2000, percent allocation under paragraph would unnecessarily jeopardize the List of Subjects in 50 CFR Part 679 (a)(7)(i)(C)(1)(iv) of this section until stability of the fishery. It would be Alaska, Fisheries, Recordkeeping and vessels using pot gear have harvested contrary to the public interest not to reporting requirements. the 18.3 percent allocated to all vessels make both the allocations in this rule, using pot gear under paragraph and the revised specifications Dated: August 17, 2000. (a)(7)(i)(C)(1)(iii) of this section. implementing those allocations, Penelope D. Dalton, (3) Harvests of Pacific cod made by effective by September 1, 2000. Assistant Administrator for Fisheries, catcher vessels less than 60 ft LOA Therefore, pursuant to authority at 5 National Marine Fisheries Service. using hook-and-line gear will not accrue U.S.C. 553(d)(3), the Assistant to the 1.4 percent allocation under Administrator for Fisheries, NOAA (AA) For the reasons set out in the paragraph (a)(7)(i)(C)(1)(iv) of this finds good cause not to delay for 30 preamble, 50 CFR part 679 is amended section until catcher vessels using hook- days the effective date of this action and as follows: and-line gear have harvested the 0.3 makes this rule effective on September percent allocated to all catcher vessels 1, 2000. using hook-and-line gear under

VerDate 112000 10:35 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM pfrm01 PsN: 24AUR1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51559 paragraph (a)(7)(i)(C)(1)(ii) of this reallocate the projected unused amount 30, May 1 through August 31, and section. of Pacific cod to vessels harvesting September 1 through December 31. (D) The Regional Administrator may Pacific cod using the other gear type(s) * * * * * establish separate directed fishing through notification in the Federal allowances and prohibitions authorized Register, except as provided below: (C) Unused seasonal allowances. Any under paragraph (d) of this section for (1) Reallocation of TAC specified for unused portion of a seasonal allowance vessels harvesting Pacific cod using jig gear. On September 15 of each year, of Pacific cod allocated to vessels using trawl gear, jig gear, hook-and-line gear, the Regional Administrator will hook-and-line or pot gear under or pot gear. reallocate any projected unused amount paragraph (a)(7)(i)(C) will be reallocated (ii) * * * of Pacific cod in the BSAI allocated to to the remaining seasons during the (B) Reallocation among vessels using vessels using jig gear only to vessels current fishing year in a manner hook-and-line or pot gear. If, during a using hook-and-line or pot gear through determined by NMFS, after consultation fishing year, the Regional Administrator notification in the Federal Register. with the Council. determines that catcher vessels using (2) Reallocation of TAC to catcher/ * * * * * hook-and-line gear or vessels less than processor vessels using hook-and-line (b) * * * 60 ft LOA using hook-and-line or pot gear or vessels using pot gear. Any gear will not be able to harvest the unharvested amounts of Pacific cod (1) * * * directed fishing allowance of Pacific cod TAC that are reallocated from vessels (v) Pacific cod. Any amounts of the allocated to those vessels under using trawl or jig gear to catcher/ BSAI nonspecific reserve that are paragraphs (a)(7)(i)(C)(1)(ii) or processor vessels using hook-and-line apportioned to Pacific cod as provided (a)(7)(i)(C)(1)(iv) of this section, NMFS gear or vessels using pot gear to increase by paragraph (b)(1)(ii) of this section may reallocate the projected unused directed allowances established under must be apportioned among vessels amount of Pacific cod as a directed paragraphs (a)(7)(i)(C)(1)(i) or using jig, hook-and-line or pot, and fishing allowance to catcher/processor (a)(7)(i)(C)(1)(iii) of this section, will be trawl gear in the same proportion vessels using hook-and-line gear apportioned so that catcher/processor specified in paragraph (a)(7)(i) of this through notification in the Federal vessels using hook-and-line gear will section, unless the Regional Register. receive 95 percent and vessels using pot Administrator determines under (C) Reallocation between vessels using gear will receive 5 percent of any such paragraph (a)(7)(ii) of this section that trawl or non-trawl gear. If, during a reallocation. vessels using a certain gear type will not fishing year, the Regional Administrator (iii) * * * be able to harvest the additional amount determines that vessels using trawl gear, (A) Time periods. NMFS, after of Pacific cod. In this case, the hook-and-line gear, pot gear or jig gear consultation with the Council, may nonspecific reserve will be apportioned will not be able to harvest the entire divide the directed fishing allowances to vessels using the other gear type(s). amount of Pacific cod in the BSAI allocated to vessels using hook-and-line allocated to those vessels under or pot gear under paragraph (a)(7)(i)(C) * * * * * paragraphs (a)(7)(i)(A), (a)(7)(i)(B) or of this section among the following [FR Doc. 00–21681 Filed 8–23–00; 8:45 am] (a)(7)(i)(C) of this section, NMFS may three periods: January 1 through April Billing Code: 3510±22±S

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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

VerDate 112000 10:37 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm01 PsN: 24AUP1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51561 inspections after any circuit breaker of a ‘‘significant rule’’ under the DOT ‘‘FUEL SYSTEM a fuel boost pump is tripped; and Regulatory Policies and Procedures (44 If a circuit breaker for any wing tank fuel corrective actions, if necessary. FR 11034, February 26, 1979); and (3) if boost pump is tripped, do not reset.’’ • Modification of the fuel pump wire. promulgated, will not have a significant Inspection The proposed AD also would require economic impact, positive or negative, that operators report results of on a substantial number of small entities (b) Within 90 days after the effective date of this AD: For each fuel boost pump, remove inspection findings to the FAA. under the criteria of the Regulatory the fairing located on the lower wing skin Cost Impact Flexibility Act. A copy of the draft and perform a detailed visual inspection of regulatory evaluation prepared for this the wiring and the adjacent structure along The FAA estimates that 306 airplanes action is contained in the Rules Docket. the length of the fairing. Inspect to detect of U.S. registry would be affected by this A copy of it may be obtained by damage to the wires including chafed, proposed AD. contacting the Rules Docket at the pinched, or melted wires, and any signs of It would take approximately 1 work location provided under the caption arcing damage to the structure. When replacing the fairing following the hour per airplane to accomplish the ADDRESSES. proposed AFM revision, at an average inspection, take care not to pinch or labor rate of $60 per work hour. Based List of Subjects in 14 CFR Part 39 otherwise damage the wiring of the fuel boost on these figures, the cost impact of the pumps; incorrect replacement of the fairing Air transportation, Aircraft, Aviation could cause damage to the wiring. AFM revision proposed by this AD on safety, Safety. (1) If any damage to the wire is detected: U.S. operators is estimated to be The Proposed Amendment Prior to further flight, replace the wire with $18,360, or $60 per airplane. new wire in accordance with the It would take approximately 2 work Accordingly, pursuant to the manufacturer’s Aircraft Wiring Manual, hours per airplane to accomplish the authority delegated to me by the Standard Practices, Chapter 20. Submit a proposed inspection (including time to Administrator, the Federal Aviation report at the time specified and in remove the fairing), at an average labor Administration proposes to amend part accordance with paragraph (d) of this AD. rate of $60 per work hour. Based on 39 of the Federal Aviation Regulations (2) If any arcing damage to the structure is these figures, the cost impact of the detected: Prior to further flight, repair the (14 CFR part 39) as follows: damaged structure in accordance with a inspection proposed by this AD on U.S. PART 39ÐAIRWORTHINESS method approved by either the Manager, operators is estimated to be $36,720, or International Branch, ANM–116, FAA, $120 per airplane. DIRECTIVES Transport Airplane Directorate; or the ´ ´ Since the manufacturer has not yet 1. The authority citation for part 39 Direction Generale de l’Aviation Civile developed a modification continues to read as follows: (DGAC), which is the airworthiness authority commensurate with the requirements of for France (or its delegated agent). For a this proposal, the FAA is unable at this Authority: 49 U.S.C. 106(g), 40113, 44701. repair method to be approved by the Manager, International Branch, ANM–116, as time to provide specific information as § 39.13 [Amended] to the number of work hours or cost of required by this paragraph, the Manager’s 2. Section 39.13 is amended by approval letter must specifically reference parts that would be required to adding the following new airworthiness this AD. Submit a report at the time specified accomplish the proposed modification. directive: and in accordance with paragraph (d) of this The proposed compliance time of 18 AD. Airbus Industrie: Docket 2000–NM–227–AD. months should provide ample time for Note 2: For the purposes of this AD, a the development, approval, and Applicability: All Model A319, A320, and detailed inspection is defined as: ‘‘An installation of an appropriate A321 airplanes; certificated in any category. intensive visual examination of a specific modification. As indicated earlier in Note 1: This AD applies to each airplane structural area, system, installation, or this preamble, the FAA specifically identified in the preceding applicability assembly to detect damage, failure, or invites the submission of comments and provision, regardless of whether it has been irregularity. Available lighting is normally modified, altered, or repaired in the area supplemented with a direct source of good other data regarding this economic subject to the requirements of this AD. For lighting at intensity deemed appropriate by aspect of the proposal. airplanes that have been modified, altered, or the inspector. Inspection aids such as mirror, The cost impact figures discussed repaired so that the performance of the magnifying lenses, etc., may be used. Surface above are based on assumptions that no requirements of this AD is affected, the cleaning and elaborate access procedures operator has yet accomplished any of owner/operator must request approval for an may be required.’’ the proposed requirements of this AD alternative method of compliance in (c) As of the effective date of this AD: For action, and that no operator would accordance with paragraph (f) of this AD. The any fuel boost pump on which the circuit accomplish those actions in the future if request should include an assessment of the breaker of the pump has tripped, prior to this AD were not adopted. effect of the modification, alteration, or repair further use of that pump, accomplish the on the unsafe condition addressed by this inspection and applicable corrective actions Regulatory Impact AD; and, if the unsafe condition has not been specified by paragraph (b) of this AD. eliminated, the request should include The regulations proposed herein specific proposed actions to address it. Reporting Requirement would not have a substantial direct Compliance: Required as indicated, unless (d) If any damage is detected during any effect on the States, on the relationship accomplished previously. inspection required by paragraphs (b) and (c) between the national Government and To prevent electrical arcing of the fuel of this AD: Within 10 days after the States, or on the distribution of boost pump wire, which could result in wing accomplishing that inspection, submit a power and responsibilities among the structural damage, or fire and/or fuel vapor report of the inspection findings to the various levels of government. Therefore, explosion, accomplish the following: Manager, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 it is determined that this proposal AFM Revision would not have federalism implications Lind Avenue, SW., Renton, Washington (a) Within 10 days after the effective date 98055–4056; fax (425) 227–1149. The report under Executive Order 13132. of this AD, revise the Limitations Section of must include a description of the damage For the reasons discussed above, I the FAA-approved airplane flight manual found, the airplane serial number, and the certify that this proposed regulation (1) (AFM) to include the following. This may be number of landings and flight hours on the is not a ‘‘significant regulatory action’’ accomplished by inserting a copy of this AD airplane. Information collection requirements under Executive Order 12866; (2) is not into the AFM. contained in this regulation have been

VerDate 112000 10:37 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm01 PsN: 24AUP1 51562 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules approved by the Office of Management and replace any pulley brackets that are economic, environmental, and energy Budget (OMB) under the provisions of the damaged or worn; and replace any aspects of the proposed rule that might Paperwork Reduction Act of 1980 (44 U.S.C. misrouted rudder control cables. Three necessitate a need to modify the 3501 et seq.) and have been assigned OMB reports of misrouted cables prompted proposed rule. You may examine all Control Number 2120–0056. the proposed action. The actions comments we receive. We will file a Modification specified by this proposed AD are report in the Rules Docket that (e) Within 18 months after the effective intended to correct the misrouted summarizes each FAA contact with the date of this AD, modify the fuel pump wire rudder control cable and consequent public that concerns the substantive and fairing, in accordance with a method guard pin wear or fraying of the cables parts of this proposal. approved by the Manager, International with loss of rudder control. Branch, ANM–116. The FAA is reexamining the writing DATES: The Federal Aviation style we currently use in regulatory Alternative Methods of Compliance Administration (FAA) must receive any documents, in response to the (f) An alternative method of compliance or comments on this proposed rule on or Presidential memorandum of June 1, adjustment of the compliance time that before September 22, 2000. 1998. That memorandum requires provides an acceptable level of safety may be ADDRESSES: Submit comments in federal agencies to communicate more used if approved by the Manager, triplicate to the Federal Aviation clearly with the public. We are International Branch, ANM–116. Operators Administration (FAA), Central Region, interested in your comments on the ease shall submit their requests through an Office of the Regional Counsel, appropriate FAA Principal Maintenance of understanding this document, and Inspector, who may add comments and then Attention: Rules Docket No. 2000–CE– any other suggestions you might have to send it to the Manager, International Branch, 06–AD, 901 Locust, Room 506, Kansas improve the clarity of FAA ANM–116. City, Missouri 64106. You may inspect communications that affect you. You Note 3: Information concerning the comments at this location between 8 can get more information about the existence of approved alternative methods of a.m. and 4 p.m., Monday through Presidential memorandum and the plain compliance with this AD, if any, may be Friday, except holidays. language initiative at http:// obtained from the International Branch, You may get the service information www.faa.gov/language/. ANM–116. referenced in the proposed AD from Raytheon Aircraft Company, P.O. Box How can I be sure FAA receives my Special Flight Permits 85, Wichita, Kansas 67201–0085; comment? (g) Special flight permits may be issued in telephone: (800) 429–5372 or (316) 676– If you want us to acknowledge the accordance with sections 21.197 and 21.199 3140; on the Internet at . This file is in Adobe Portable postcard. On the postcard, write can be accomplished. Document Format. The Acrobat Reader ‘‘Comments to Docket No. 2000–CE–06– is available at Issued in Renton, Washington, on August AD.’’ We will date stamp and mail the 18, 2000. . You may postcard back to you. examine this information at the Rules Vi L. Lipski, Docket at the address above. Discussion Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT: Directorate, Aircraft Certification Service. Paul What events have caused this proposed C. DeVore, Aerospace Engineer, FAA, [FR Doc. 00–21465 Filed 8–23–00; 8:45 am] AD? Wichita Aircraft Certification Office, BILLING CODE 4910±13±P 1801 Airport Road, Mid-Continent The FAA has received three reports of Airport, Wichita, Kansas 67209; instances of misrouted cables. In one instance, a report noted complete DEPARTMENT OF TRANSPORTATION telephone: (316) 946–4142; facsimile: (316) 946–4407. separation of the rudder cable. In Federal Aviation Administration SUPPLEMENTARY INFORMATION: another instance, a report noted fraying of the rudder cable. Raytheon has issued Comments Invited 14 CFR Part 39 a mandatory service bulletin affecting How do I comment on this proposed these model airplanes: [Docket No. 2000±CE±06±AD] AD? Beech Model A36—serial numbers E– RIN 2120±AA64 We invite your comments on the 2519 through E–3140 proposed rule. You may submit Beech Model B36TC—serial numbers Airworthiness Directives; Raytheon whatever written data, views, or EA–501 through EA–608 Aircraft Company Beech Models A36, arguments you choose. You need to B36TC, and 58 Airplanes Beech Model 58—serial numbers TH– include the rule’s docket number and 1576 through TH–1838 AGENCY: Federal Aviation submit your comments in triplicate to Administration, DOT. the address specified under the caption What are the consequences if the condition is not corrected? ACTION: Notice of proposed rulemaking ADDRESSES. We will consider all (NPRM). comments received on or before the This condition could result in guard closing date specified above, before pin wear and separation or fraying of SUMMARY: This document proposes to acting on the proposed rule. We may the cables with loss of rudder control. adopt a new airworthiness directive change the proposals contained in this (AD) that would apply to certain notice in light of the comments Relevant Service Information Raytheon Aircraft Corporation received. What service information applies to this (Raytheon) Beech Models A36, B36TC, subject? and 58 airplanes. The proposed AD Are there any specific portions of the would require you to inspect for AD I should pay attention to? Raytheon has issued Mandatory misrouted rudder control cables; replace The FAA specifically invites Service Bulletin SB 27–3265, dated any worn or damaged guard pins; comments on the overall regulatory, January 2000.

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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 . This file is in Adobe St. Louis ozone nonattainment area. Manager, Wichita ACO. Portable Document Format. The Acrobat DATES: Comments must be received on Note: This AD applies to each airplane Reader is available at . You may examine this regardless of whether it has been modified, document at FAA, Central Region, Office of ADDRESSES: Written comments should altered, or repaired in the area subject to the the Regional Counsel, 901 Locust, Room 506, be mailed to Kim Johnson, Air Planning requirements of this AD. For airplanes that Kansas City, Missouri 64106. and Development Branch, 901 North 5th have been modified, altered, or repaired so Issued in Kansas City, Missouri, on August Street, Kansas City, Kansas 66101. that the performance of the requirements of 14, 2000. Copies of the state submittal are this AD is affected, the owner/operator must available at the following address for request approval for an alternative method of Michael Gallagher, compliance in accordance with paragraph (e) Manager, Small Airplane Directorate, Aircraft inspection during normal business of this AD. You should include in the request Certification Service. hours: Environmental Protection an assessment of the effect of the [FR Doc. 00–21617 Filed 8–23–00; 8:45 am] Agency, Air Planning and Development modification, alteration, or repair on the BILLING CODE 4910±13±U Branch, 901 North 5th Street, Kansas unsafe condition addressed by this AD; and, City, Kansas 66101. if you have not eliminated the unsafe condition, specific actions you propose to FOR FURTHER INFORMATION CONTACT: Kim address it. ENVIRONMENTAL PROTECTION Johnson at (913) 551–7975. (f) Where can I get information about any AGENCY SUPPLEMENTARY INFORMATION: already-approved alternative methods of Throughout this document whenever compliance? Contact Paul C. DeVore, 40 CFR Part 52 ‘‘we, us, or our’’ is used, we mean EPA. Aerospace Engineer, Wichita Aircraft This section provides additional Certification Office, FAA, 1801 Airport Road, [Region 7 Tracking No. 113±1113; FRL± 6857±5] information by addressing the following Mid-Continent Airport, Wichita, Kansas questions: 67209; telephone: (316) 946–4142; facsimile: (316) 946–4407. Approval and Promulgation of What is a SIP? (g) What if I need to fly the airplane to Implementation Plans; State of What is the Federal approval process for a another location to comply with this AD? The Missouri SIP? FAA can issue a special flight permit under What does Federal approval of a state sections 21.197 and 21.199 of the Federal AGENCY: Environmental Protection regulation mean to me? Aviation Regulations (14 CFR 21.197 and Agency (EPA). What is being addressed in this document?

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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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The responsibilities established in the CAA. from affected utilities, remain below the submittal also satisfied the criteria in 40 This proposed rule also is not subject to inventory projections used in the St. CFR part 51, appendix V for Executive Order 13045 (62 FR 19885, Louis attainment demonstration. The completeness of SIP revisions submitted April 23, 1997), because it is not state has also committed to continue to for parallel processing. In addition, as economically significant. evaluate the effects of this rule on the explained above and in more detail in In reviewing SIP submissions, our monitored ozone levels in the St. Louis the TSD which is part of this document, role is to approve state choices, ozone nonattainment area, and make the revision meets the substantive SIP provided that they meet the criteria of any necessary adjustments based on the requirements of the CAA, including the CAA. In this context, in the absence monitoring data. section 110, part D of Title I, and of a prior existing requirement for the Because the attainment demonstration implementing regulations. state to use voluntary consensus assumes that specific NOX emission What action is EPA taking? standards (VCS), we have no authority reductions will occur as a result of the We are proposing to approve, as an to disapprove a SIP submission for rule, we believe it is critical that the failure to use VCS. It would thus be state closely monitor progress toward amendment to Missouri’s SIP, rule 10 CSR 10–6.350, ‘‘Emissions Limitations inconsistent with applicable law for achieving the reductions, and take EPA, when it reviews a SIP submission, corrective action if necessary to ensure and Emissions Trading of Oxides of to use VCS in place of a SIP submission the reductions are realized. This Nitrogen.’’ We are processing this as a that otherwise satisfies the provisions of corrective action could include making proposal action through parallel modifications to the rule or taking processing because this rule is not yet the CAA. Thus, the requirements of effective under state law. We anticipate section 12(d) of the National further action to address the NOX emissions reduction shortfall if any that the final effective rule will be the Technology Transfer and Advancement occurs. same as the rule on which this proposal Act of 1995 (15 U.S.C. 272 note) do not is based. apply. As required by section 3 of The state is committed to evaluating Executive Order 12988 (61 FR 4729, the effectiveness of the rule in achieving Administrative Requirements February 7, 1996), in issuing this necessary NO reductions, and we X Under Executive Order 12866 (58 FR proposed rule, we have taken the intend to review the annual 51735, October 4, 1993), this proposed necessary steps to eliminate drafting demonstration submitted by Missouri. If action is not a ‘‘significant regulatory necessary, we may exercise our errors and ambiguity, minimize action’’ and therefore is not subject to potential litigation, and provide a clear authorities under sections 110 and 179 review by the Office of Management and of the Act to require further action to legal standard for affected conduct. We Budget. This proposed action merely have complied with Executive Order remedy shortfalls, if any, in the NOX approves state law as meeting Federal 12630 (53 FR 8859, March 15, 1988) by reduction program, when it is requirements and imposes no additional examining the takings implications of implemented. requirements beyond those imposed by For clarification, our evaluation of the state law. Accordingly, the the rule in accordance with the ‘‘Attorney General’s Supplemental statewide NOX rule is not related to the Administrator certifies that this obligations which Missouri may proposed rule will not have a significant Guidelines for the Evaluation of Risk subsequently have under EPA’s regional economic impact on a substantial and Avoidance of Unanticipated NOX reduction rule (the NOX SIP call). number of small entities under the Takings’ issued under the Executive That rule, explained in more detail in Regulatory Flexibility Act (5 U.S.C. 601 Order. This proposed rule does not our April 17, 2000, proposal on the et seq.). Because this rule proposes to impose an information collection attainment demonstration, requires that approve preexisting requirements under burden under the provisions of the certain states develop regional NOX state law and does not impose any Paperwork Reduction Act of 1995 (44 controls to address contributions to additional enforceable duty beyond that U.S.C. 3501 et seq.). downwind nonattainment of the ozone required by state law, it does not List of Subjects in 40 CFR Part 52 standard in the eastern portion of the contain any unfunded mandate or country. In response to a recent judicial significantly or uniquely affect small Environmental protection, Air remand of the SIP call as it relates to governments, as described in the pollution control, Carbon monoxide, Missouri, EPA intends to undertake Unfunded Mandates Reform Act of 1995 Hydrocarbons, Incorporation by rulemaking to establish regional NOX (Pub. L. 104–4). For the same reason, reference, Intergovernmental relations, requirements for a portion of Missouri. this proposed rule also does not Lead, Nitrogen dioxide, Ozone, When that rulemaking is completed, we significantly or uniquely affect the Particulate matter, Reporting and anticipate that it will establish separate communities of tribal governments, as recordkeeping requirements, Sulfur NO reduction requirements to address specified by Executive Order 13084 (63 X oxides. contributions by Missouri sources to FR 27655, May 10, 1998). This proposed ozone nonattainment in other areas. The rule will not have substantial direct Dated: August 14, 2000. state would then be required to take effects on the states, on the relationship Michael J. Sanderson, subsequent action, pursuant to the NOX between the national government and Acting Regional Administrator, Region 7. SIP call, to ensure NOX emissions the states, or on the distribution of [FR Doc. 00–21671 Filed 8–23–00; 8:45 am] address long-range transport, and we power and responsibilities among the would then take separate rulemaking various levels of government, as BILLING CODE 6560±50±U action on Missouri’s response to the specified in Executive Order 13132 (64 NOX SIP call. FR 43255, August 10, 1999), because it

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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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What Documents Are Available for threat posed; the boundaries of the successful completion of cleanup Public Review at the Headquarters release need not be exactly defined. activities (58 FR 12142, March 2, 1993). Docket? Moreover, it generally is impossible to Inclusion of a site on the CCL has no discover the full extent of where the legal significance. The Headquarters docket for this rule contamination ‘‘has come to be located’’ Sites qualify for the CCL when: (1) contains: HRS score sheets for the before all necessary studies and Any necessary physical construction is proposed site; a Documentation Record remedial work are completed at a site. complete, whether or not final cleanup for the site describing the information Indeed, the boundaries of the levels or other requirements have been used to compute the score; information contamination can be expected to achieved; (2) EPA has determined that for any site affected by particular change over time. Thus, in most cases, the response action should be limited to statutory requirements or EPA listing it may be impossible to describe the measures that do not involve policies; and a list of documents boundaries of a release with absolute construction (e.g., institutional referenced in the Documentation certainty. controls); or (3) The site qualifies for Record. Further, as noted above, NPL listing deletion from the NPL. As of August 15, D. What Documents Are Available for does not assign liability to any party or 2000, there are a total of 698 sites on the Public Review at the Regional Dockets? to the owner of any specific property. CCL. For the most up-to-date Thus, if a party does not believe it is information on the CCL, see EPA’s The Regional dockets for this rule liable for releases on discrete parcels of Internet site at http://www.epa.gov/ contain all of the information in the property, supporting information can be superfund. Headquarters docket, plus, the actual submitted to the Agency at any time reference documents containing the data II. Public Review/Public Comment after a party receives notice it is a principally relied upon and cited by potentially responsible party. A. Can I Review the Documents EPA in calculating or evaluating the HRS score for the sites. These reference For these reasons, the NPL need not Relevant to this Proposed Rule? documents are available only in the be amended as further research reveals Yes, documents that form the basis for Regional dockets. more information about the location of EPA’s evaluation and scoring of the sites the contamination or release. in this rule are contained in dockets E. How Do I Submit My Comments? G. How are Sites Removed from the located both at EPA Headquarters in Comments must be submitted to EPA NPL? Washington, DC and in the Region 4 and Headquarters as detailed at the 6 offices (as appropriate). beginning of this preamble in the EPA may delete sites from the NPL B. How Do I Access the Documents? ADDRESSES section. Please note that the where no further response is addresses differ according to method of appropriate under Superfund, as You may view the documents, by delivery. There are two different explained in the NCP at 40 CFR appointment only, in the Headquarters addresses that depend on whether 300.425(e). This section also provides or the Region 4 and Region 6 dockets (as comments are sent by express mail or by that EPA shall consult with states on appropriate) after the appearance of this postal mail. proposed deletions and shall consider proposed rule. The hours of operation whether any of the following criteria for the Headquarters docket are from 9 F. What Happens to My Comments? have been met: (i) Responsible parties or a.m. to 4 p.m., Monday through Friday EPA considers all comments received other persons have implemented all excluding Federal holidays. Please during the comment period. Significant appropriate response actions required; contact the Regional dockets for hours. comments will be addressed in a (ii) All appropriate Superfund-financed Following is the contact information support document that EPA will publish response has been implemented and no for the EPA Headquarters docket: concurrently with the Federal Register further response action is required; or Docket Coordinator, Headquarters, U.S. document if, and when, the site is listed (iii) The remedial investigation has EPA CERCLA Docket Office, Crystal on the NPL. shown the release poses no significant Gateway #1, 1st Floor, 1235 Jefferson threat to public health or the Davis Highway, Arlington, VA 22202, G. What Should I Consider When environment, and taking of remedial 703/603–9232. (Please note this is a Preparing My Comments? measures is not appropriate. As of visiting address only. Mail comments to Comments that include complex or August 15, 2000, the Agency has deleted EPA Headquarters as detailed at the voluminous reports, or materials 216 sites from the NPL. beginning of this preamble.) prepared for purposes other than HRS The contact information for the scoring, should point out the specific H. Can Portions of Sites be Deleted from Regional dockets is as follows: information that EPA should consider the NPL as they are Cleaned Up? Joellen O’Neill, Region 4 (AL, FL, GA, and how it affects individual HRS factor In November 1995, EPA initiated a KY, MS, NC, SC, TN), U.S. EPA, 61 values or other listing criteria new policy to delete portions of NPL Forsyth Street, SW, 9th floor, Atlanta, (Northside Sanitary Landfill v. Thomas, sites where cleanup is complete (60 FR GA 30303; 404/562–8127. 849 F.2d 1516 (D.C. Cir. 1988)). EPA 55465, November 1, 1995). Total site Brenda Cook, Region 6 (AR, LA, NM, will not address voluminous comments cleanup may take many years, while OK, TX), U.S. EPA, 1445 Ross that are not specifically cited by page portions of the site may have been Avenue, Mailcode 6SF–RA, Dallas, number and referenced to the HRS or cleaned up and available for productive TX 75202–2733; 214/665–7436. other listing criteria. EPA will not use. As of August 15, 2000, EPA has You may also request copies from address comments unless they indicate deleted portions of 19 sites. EPA Headquarters or the Regional which component of the HRS

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Before EPA establishes that it will consider those comments action is ‘‘significant’’ and therefore any regulatory requirements that may postmarked by the close of the formal subject to OMB review and the significantly or uniquely affect small comment period. EPA has a policy of requirements of the Executive Order. governments, including tribal not delaying a final listing decision The Order defines ‘‘significant governments, it must have developed solely to accommodate consideration of regulatory action’’ as one that is likely under section 203 of the UMRA a small late comments. to result in a rule that may: (1) Have an government agency plan. The plan must I. Can I View Public Comments annual effect on the economy of $100 provide for notifying potentially Submitted by Others? million or more or adversely affect in a affected small governments, enabling officials of affected small governments During the comment period, material way the economy, a sector of to have meaningful and timely input in comments are placed in the the economy, productivity, competition, the development of EPA regulatory Headquarters docket and are available to jobs, the environment, public health or proposals with significant Federal the public on an ‘‘as received’’ basis. A safety, or State, local, or tribal intergovernmental mandates, and complete set of comments will be governments or communities; (2) create available for viewing in the Regional a serious inconsistency or otherwise informing, educating, and advising docket approximately one week after the interfere with an action taken or small governments on compliance with formal comment period closes. planned by another agency; (3) the regulatory requirements. materially alter the budgetary impact of J. Can I Submit Comments Regarding B. Does UMRA Apply to This Proposed entitlements, grants, user fees, or loan Rule? Sites Not Currently Proposed to the programs or the rights and obligations of NPL? recipients thereof; or (4) raise novel No, EPA has determined that this rule In certain instances, interested parties legal or policy issues arising out of legal does not contain a Federal mandate that have written to EPA concerning sites mandates, the President’s priorities, or may result in expenditures of $100 which were not at that time proposed to the principles set forth in the Executive million or more for State, local, and the NPL. If those sites are later proposed Order. tribal governments in the aggregate, or to the NPL, parties should review their by the private sector in any one year. B. Is This Proposed Rule Subject to This rule will not impose any federal earlier concerns and, if still appropriate, Executive Order 12866 Review? resubmit those concerns for intergovernmental mandate because it consideration during the formal No, the Office of Management and imposes no enforceable duty upon State, comment period. Site-specific Budget (OMB) has exempted this tribal or local governments. Listing a correspondence received prior to the regulatory action from Executive Order site on the NPL does not itself impose period of formal proposal and comment 12866 review. any costs. Listing does not mean that EPA necessarily will undertake will not generally be included in the V. Unfunded Mandates docket. remedial action. Nor does listing require A. What Is the Unfunded Mandates any action by a private party or III. Contents of This Proposed Rule Reform Act (UMRA)? determine liability for response costs. A. Proposed Additions to the NPL Title II of the Unfunded Mandates Costs that arise out of site responses result from site-specific decisions With today’s proposed rule, EPA is Reform Act of 1995 (UMRA), Public regarding what actions to take, not proposing to add two new sites to the Law 104–4, establishes requirements for directly from the act of listing a site on NPL; both to the General Superfund Federal Agencies to assess the effects of the NPL. Section of the NPL. The sites are being their regulatory actions on State, local, and tribal governments and the private For the same reasons, EPA also has proposed based on HRS scores of 28.50 determined that this rule contains no or above. The two sites are the Alabama sector. Under section 202 of the UMRA, EPA generally must prepare a written regulatory requirements that might Plating Company, Inc. site (located in significantly or uniquely affect small Vincent, Alabama) and the Malone statement, including a cost-benefit analysis, for proposed and final rules governments. In addition, as discussed Service Company, Inc. site (located in above, the private sector is not expected Texas City, Texas). with ‘‘Federal mandates’’ that may result in expenditures by State, local, to incur costs exceeding $100 million. B. Status of NPL and tribal governments, in the aggregate, EPA has fulfilled the requirement for With this proposal of two new sites, or by the private sector, of $100 million analysis under the Unfunded Mandates there are now 59 sites proposed and or more in any one year. Before EPA Reform Act. awaiting final agency action, 53 in the promulgates a rule for which a written VI. Effect on Small Businesses General Superfund Section and 6 in the statement is needed, section 205 of the Federal Facilities Section. There are UMRA generally requires EPA to A. What Is the Regulatory Flexibility currently 1,235 final sites; 1,076 in the identify and consider a reasonable Act? General Superfund Section and 159 in number of regulatory alternatives and Pursuant to the Regulatory Flexibility the Federal Facilities Section. Final and adopt the least costly, most cost- Act (5 U.S.C. 601 et seq., as amended by proposed sites now total 1,294. (These effective, or least burdensome the Small Business Regulatory numbers reflect the status of sites as of alternative that achieves the objectives Enforcement Fairness Act (SBREFA) of August 15, 2000. Site deletions of the rule. The provisions of section 1996) whenever an agency is required to occurring after this date may affect these 205 do not apply when they are publish a notice of rulemaking for any

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What Is Executive Order 13045? flexibility analysis is required if the Section 12(d) of the National head of an agency certifies the rule will Technology Transfer and Advancement Executive Order 13045: ‘‘Protection of not have a significant economic impact Act of 1995 (NTTAA), Public Law 104– Children from Environmental Health on a substantial number of small 113, section 12(d) (15 U.S.C. 272 note), Risks and Safety Risks’’ (62 FR 19885, entities. SBREFA amended the directs EPA to use voluntary consensus April 23, 1997) applies to any rule that: Regulatory Flexibility Act to require standards in its regulatory activities (1) Is determined to be ‘‘economically Federal agencies to provide a statement unless to do so would be inconsistent significant’’ as defined under Executive of the factual basis for certifying that a with applicable law or otherwise Order 12866, and (2) concerns an rule will not have a significant impractical. Voluntary consensus environmental health or safety risk that economic impact on a substantial standards are technical standards (e.g., EPA has reason to believe may have a number of small entities. materials specifications, test methods, disproportionate effect on children. If sampling procedures, and business the regulatory action meets both criteria, B. Has EPA Conducted a Regulatory the Agency must evaluate the Flexibility Analysis for This Rule? practices) that are developed or adopted by voluntary consensus standards environmental health or safety effects of No. While this rule proposes to revise bodies. The NTTAA directs EPA to the planned rule on children, and the NPL, an NPL revision is not a provide Congress, through OMB, explain why the planned regulation is typical regulatory change since it does explanations when the Agency decides preferable to other potentially effective not automatically impose costs. As not to use available and applicable and reasonably feasible alternatives stated above, adding sites to the NPL voluntary consensus standards. considered by the Agency. does not in itself require any action by B. Does the National Technology B. Does Executive Order 13045 Apply to any party, nor does it determine the This Proposed Rule? liability of any party for the cost of Transfer and Advancement Act Apply cleanup at the site. Further, no to This Proposed Rule? This proposed rule is not subject to identifiable groups are affected as a No. This proposed rulemaking does Executive Order 13045 because it is not whole. As a consequence, impacts on not involve technical standards. an economically significant rule as any group are hard to predict. A site’s Therefore, EPA did not consider the use defined by Executive Order 12866, and inclusion on the NPL could increase the of any voluntary consensus standards. because the Agency does not have likelihood of adverse impacts on reason to believe the environmental VIII. Executive Order 12898 responsible parties (in the form of health or safety risks addressed by this cleanup costs), but at this time EPA A. What Is Executive Order 12898? proposed rule present a cannot identify the potentially affected Under Executive Order 12898, disproportionate risk to children. businesses or estimate the number of ‘‘Federal Actions to Address X. Paperwork Reduction Act small businesses that might also be Environmental Justice in Minority affected. Populations and Low-Income A. What Is the Paperwork Reduction The Agency does expect that placing Populations,’’ as well as through EPA’s Act? the sites in this proposed rule on the April 1995, ‘‘Environmental Justice According to the Paperwork NPL could significantly affect certain Strategy, OSWER Environmental Justice Reduction Act (PRA), 44 U.S.C. 3501 et industries, or firms within industries, Task Force Action Agenda Report,’’ and seq., an agency may not conduct or that have caused a proportionately high National Environmental Justice sponsor, and a person is not required to percentage of waste site problems. Advisory Council, EPA has undertaken respond to a collection of information However, EPA does not expect the to incorporate environmental justice that requires OMB approval under the listing of these sites to have a significant into its policies and programs. EPA is PRA, unless it has been approved by economic impact on a substantial committed to addressing environmental OMB and displays a currently valid number of small businesses. justice concerns, and is assuming a OMB control number. The OMB control In any case, economic impacts would leadership role in environmental justice numbers for EPA’s regulations, after occur only through enforcement and initiatives to enhance environmental initial display in the preamble of the cost-recovery actions, which EPA takes quality for all residents of the United final rules, are listed in 40 CFR part 9. at its discretion on a site-by-site basis. States. The Agency’s goals are to ensure The information collection requirements EPA considers many factors when that no segment of the population, related to this action have already been determining enforcement actions, regardless of race, color, national origin, approved by OMB pursuant to the PRA including not only a firm’s contribution or income, bears disproportionately under OMB control number 2070–0012 to the problem, but also its ability to high and adverse human health and (EPA ICR No. 574). pay. The impacts (from cost recovery) environmental effects as a result of on small governments and nonprofit EPA’s policies, programs, and activities, B. Does the Paperwork Reduction Act organizations would be determined on a and all people live in clean and Apply to This Proposed Rule? similar case-by-case basis. sustainable communities. For the foregoing reasons, I hereby No. EPA has determined that the PRA certify that this proposed rule, if B. Does Executive Order 12898 Apply to does not apply because this rule does promulgated, will not have a significant This Proposed Rule? not contain any information collection economic impact on a substantial No. While this rule proposes to revise requirements that require approval of number of small entities. Therefore, this the NPL, no action will result from this the OMB.

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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

VerDate 112000 10:37 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm01 PsN: 24AUP1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51573 advancements in data collection and Initial Paperwork Reduction Act advancements in data collection and processing methods may warrant a Analysis processing methods have facilitated shorter timeframe for carriers to provide This Notice of Proposed Rulemaking NECA’s ability to prepare association notice of tariff participation changes. In (‘‘NPRM’’) contains a proposed tariffs. Therefore, NECA can receive addition, as NECA noted in its petition, information collection. As part of its notifications from carriers changing the status of their association tariff shorter notice periods will not continuing effort to reduce paperwork participation closer to the tariff filing disadvantage NECA and may help burdens, we invite the general public deadline. At NECA’s request, the smaller companies make better- and the Office of Management and Commission is proposing to amend its informed decisions regarding tariff Budget (‘‘OMB’’) to take this rules to extend the deadline by which participation. For instance, because the opportunity to comment on the carriers must notify NECA of changes in deadline by which NECA must file information collections contained in association tariff participation. proposed revisions to its average this NPRM, as required by the Specifically, the notification deadline schedule formulas is December 31, Paperwork Reduction Act of 1995, 44 would be changed from December 31 of companies that rely on these formulas to U.S.C. 3501 et seq. Public and agency the preceding year to March 1 of the compute interstate access compensation comments must be filed by the same tariff year. This extension of the will have more time to analyze the filing deadlines as comments on this notification deadline will provide proposed revisions before deciding NPRM; OMB comments are due 60 days carriers additional time to determine whether to participate in NECA’s access from the date of publication of this their tariff participation status, thus tariff. NPRM in the Federal Register. allowing them to make more informed Therefore, we propose to amend 47 Comments should address: (a) whether tariff participation decisions. CFR part 69 to allow carriers until the proposed collection of information Legal Basis March 1 of each tariff year to notify is necessary for the proper performance NECA of any changes in tariff of the Commission, including whether The proposed action is authorized participation. We seek comment on this the information shall have practical under sections 1, 4(i), 4(j), 201–205, and proposed change. utility; (b) the accuracy of the 303 of the Communications Act of 1934, Commission’s burden estimates; (c) as amended. 47 U.S.C. 151, 154(i), In the alternative, NECA suggested ways to enhance the quality, utility, and 154(j), 201–205, and 303. that the Commission eliminate its clarity of the information collected; and requirement that companies notify (d) ways to minimize the burden of the Description and Estimate of the Number NECA of changes in their tariff collection of information on the of Small Entities to Which the Proposed participation. According to NECA, respondents, including the use of Rules Will Apply elimination of this requirement will automated collection techniques or The RFA requires that an initial ease the Commission’s administrative other forms of information technology. regulatory flexibility analysis be burden of reviewing applications for prepared for notice and comment special permission filed by carriers that Initial Regulatory Flexibility Act rulemaking proceedings, unless the seek waiver of the tariff election Analysis agency certifies that ‘‘the rule will not, deadline. NECA also noted that the As required by the Regulatory if promulgated, have a significant Commission’s objective of providing Flexibility Act (‘‘RFA’’), 5 U.S.C. 603, economic impact on a substantial NECA ample time to develop annual the Commission has prepared this number of small entities.’’ 5 U.S.C. access rates may be better served by Initial Regulatory Flexibility Analysis 605(b). The RFA generally defines allowing the association to develop (‘‘IRFA’’) of the possible significant ‘‘small entity’’ as having the same internal procedures, which could be economic impact on small entities by meaning as the terms ‘‘small business,’’ adjusted to meet special circumstances. the policies and rules proposed in this ‘‘small organization,’’ and ‘‘small We also seek comment on this proposal. NPRM. The RFA, 5 U.S.C. 601 et seq., governmental jurisdiction.’’ 5 U.S.C. has been amended by the Contract With 601(6). In addition, the term ‘‘small Ex Parte Presentations America Advancement Act of 1996, business’’ has the same meaning as the Public Law 104–121, 110 Stat. 847 term ‘‘small business concern’’ under This proceeding shall be treated as a (1996) (‘‘CWAAA’’). Title II of the the Small Business Act. 5 U.S.C. 601(3) ‘‘permit-but-disclose’’ proceeding in CWAAA is the Small Business (incorporating by reference the accordance with 47 CFR 1.1206(b). Ex Regulatory Enforcement Fairness Act of definition of ‘‘small business concern’’ parte presentations are permissible if 1996 (‘‘SBREFA’’). Written public in 15 U.S.C. 632). Pursuant to the RFA, disclosed in accordance with comments are requested on this IRFA. the statutory definition of a small Commission rules, except during the Comments must be identified as business applies ‘‘unless an agency, Sunshine Agenda period when responses to the IRFA and must be filed after consultation with the Office of presentations, ex parte or otherwise, are by the deadlines for comments on the Advocacy of the Small Business generally prohibited. Persons making NPRM. The Commission will send a Administration and after opportunity oral ex parte presentations are reminded copy of the NPRM, including this IRFA, for public comment, establishes one or that memoranda summarizing the to the Chief Counsel for Advocacy of the more definitions of such term which are presentations must contain summaries Small Business Administration in appropriate to the activities of the of the substance of the presentations accordance with the RFA. In addition, agency and publishes such definition(s) and not merely a listing of the subjects the NPRM and IRFA (or summaries in the Federal Register.’’ 5 U.S.C. discussed. More than a one or two thereof) will be published in the Federal 601(3). A small business concern is one sentence description of the views and Register. 5 U.S.C. 603(a). which: (1) is independently owned and arguments presented generally is operated; (2) is not dominant in its field required. See 47 CFR 1.1206(b)(2). Need for and Objectives of the Proposed of operation; and (3) satisfies any Additional rules pertaining to oral and Rules additional criteria established by the written presentations are set forth in NECA has asserted that changes in Small Business Administration § 1.1206(b). tariff notification periods and (‘‘SBA’’). 15 U.S.C. 632.

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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 . In completing the Chairman, FCC (May 27, 1999). SBA transmittal screen, commenters should Description of Projected Reporting, regulations interpret ‘‘small business include their full name, Postal Service Recordkeeping and Other Compliance concern’’ to include the concept of mailing address, and the applicable Requirements dominance on a national basis. 13 CFR docket or rulemaking number. Parties 121.102(b). Since 1996, out of an An Initial Paperwork Reduction Act may also submit an electronic comment abundance of caution, the Commission analysis is contained in the NPRM. This by Internet e-mail. To get filing has included small incumbent LECs in NPRM seeks comment on a proposed instructions for e-mail comments, its regulatory flexibility analyses. See, extension of the date by which carriers commenters should send an e-mail to e.g., Implementation of the Local must notify NECA of changes in [email protected], and should include the Competition Provisions of the participation in association tariffs. following words in the body of the Telecommunications Act of 1996, 61 FR Under the current rules this notification message, ‘‘get form .’’ A sample form and have included small incumbent LECs in the effective date of the tariff, by directions will be sent in reply. Only this RFA analysis, we emphasize that December 31 of the preceding year. The one copy of electronically-filed this RFA action has no effect on the Commission proposes to allow carriers comments must be submitted. Commission’s analyses and until March 1 of the tariff year to Parties who choose to file by paper determinations in other, non-RFA provide the required notification to must file an original and four copies of contexts. NECA. The NPRM also seeks comment each filing. All filings must be sent to The most reliable source of on an alternative proposal to eliminate the Commission’s Secretary, Magalie information regarding the total numbers the Commission notification rule and Roman Salas, Office of the Secretary, of certain common carrier and related allow NECA to adopt internal Federal Communications Commission, providers nationwide, as well as the procedures governing tariff participation 445 12th Street, S.W., Room TW–B204, numbers of commercial wireless notification. Washington, D.C. 20554. entities, appears to be data the Parties who choose to file by paper Commission publishes annually in its Steps Taken to Minimize Significant should also submit their comments on Carrier Locator: Interstate Service Economic Impact on Small Entities, and diskette. The diskette should be Providers Report (‘‘Locator’’). This Significant Alternatives Considered submitted to: Wanda Harris, Federal report was compiled using information The rule amendments we propose in Communications Commission, Common from Telecommunications Relay Service the NPRM are designed to assist all Carrier Bureau, Competitive Pricing (‘‘TRS’’) fund worksheets filed by carriers in making their association tariff Division, 445 12th Street, S.W., Fifth carriers, including, inter alia, LECs, participation elections. The proposed Floor, Washington, D.C. 20554. The competitive local exchange carriers, extension of the notification date from submission should be on a 3.5 inch interexchange carriers, competitive December 31 to March 1 may diskette formatted in an IBM compatible access providers, satellite service particularly benefit smaller carriers that format using WordPerfect 5.1 for providers, wireless telephony providers, rely on average schedule formulas to Windows or compatible software. The operator service providers, pay compute interstate access diskette should be accompanied by a

VerDate 112000 10:37 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm01 PsN: 24AUP1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51575 cover letter and should be submitted in seeking the allotment of Channel 254C1 Federal Communications Commission. ‘‘read only’’ mode. The diskette should to Hawthorne, NV, as the community’s John A. Karousos, be clearly labeled with the commenter’s second local FM channel. Channel Chief, Allocations Branch, Policy and Rules name, proceeding (including the docket 254C1 can be allotted to Hawthorne in Division, Mass Media Bureau. number in this case), type of pleading compliance with the Commission’s [FR Doc. 00–21577 Filed 8–23–00; 8:45 am] (comments or reply comments), date of minimum distance separation BILLING CODE 6712±01±P submission, and the name of the requirements without the imposition of electronic file on the diskette. The label a site restriction, at coordinates 38–31– should also include the following 29 NL; 118–37–25 WL. On the FEDERAL COMMUNICATIONS phrase: ‘‘Disk Copy—Not an Original.’’ Commission’s own motion, the Notice COMMISSION Each diskette should contain only one of Proposed Rule Making also proposes 47 CFR Part 73 party’s pleadings, preferably in a single to delete unoccupied and unapplied-for electronic file. In addition, commenters Channel 228A at Hawthorne unless an [DA 00±1758, MM Docket No. 00±134, RM± must send diskette copies to the expression of interest in activating the 9922] Commission’s copy contractor, International Transcription Service, channel is received by the initial Radio Broadcasting Services; Inc., 1231 20th Street, N.W., comment period. Brighton, VT Washington, D.C. 20036. Comments and DATES: Comments must be filed on or AGENCY: Federal Communications reply comments will be available for before October 2, 2000, and reply Commission. public inspection during regular comments on or before October 17, ACTION: Proposed rule. business hours in the FCC Reference 2000. Center, 445 12th Street, S.W., Room CY– SUMMARY: The Commission requests A257, Washington, D.C. 20554. ADDRESSES: Federal Communications comments on a petition filed by Linda Commission, 445 12th Street, SW., Ordering Clauses A. Davidson seeking the allotment of Room TW–A325, Washington, DC Channel 270A to Brighton, VT, as the Pursuant to the authority contained in 20554. In addition to filing comments sections 1, 4(i), 4(j), 201–205, and 303 community’s first local aural service. with the FCC, interested parties should Channel 270A can be allotted to of the Communications Act of 1934, as serve the petitioner, or its counsel or amended, 47 U.S.C. 151, 154(i), 154(j), Brighton in compliance with the consultant, as follows: Dan J. Alpert, Commission’s minimum distance 201–205, and 303, Notice Is Hereby 2120 N. 21st Road, Suite 400, Arlington, Given of the rulemaking described and separation requirements with a site VA 22201 (Counsel to petitioner). that Comment Is Sought on those issues. restriction of 9.8 kilometers (6.1 miles) northwest, at coordinates 44–51–50 NL; The Commission’s Office of Public FOR FURTHER INFORMATION CONTACT: 71–57–26 WL, to avoid a short-spacing Affairs, Reference Operations Division, Leslie K. Shapiro, Mass Media Bureau, to Station WPOR–FM, Channel 270B, Shall Send a copy of this Notice of (202) 418–2180. Proposed Rulemaking, including the Portland, ME. Channel 270A at Initial Regulatory Flexibility Analysis, SUPPLEMENTARY INFORMATION: This is a Brighton, at the reference coordinates, to the Chief Counsel for Advocacy of the synopsis of the Commission’s Notice of will still result in short-spacings to Small Business Administration, in Proposed Rule Making, MM Docket No. vacant Channel 270A, Victoriaville, accordance with the Regulatory 00–142, adopted August 2, 2000, and Quebec, and vacant Channel 270A at Flexibility Act, 5 U.S.C. 605(b). released August 11, 2000. The full text Bedford, Quebec, Canada. Since of this Commission decision is available Brighton is located within 320 List of Subjects in 47 CFR Part 69 for inspection and copying during kilometers (200 miles) of the U.S.- Communications common carriers, normal business hours in the FCC Canadian border, concurrence in the Tariffs. Reference Center, 445 12th Street, SW, allotment, as a specially negotiated short-spaced allotment, must be Federal Communications Commission. Washington, DC. The complete text of received from the Canadian government. William F. Caton, this decision may also be purchased DATES: Comments must be filed on or Deputy Secretary. from the Commission’s copy contractor, International Transcription Services, before September 25, 2000, and reply [FR Doc. 00–21578 Filed 8–23–00; 8:45 am] comments on or before October 10, BILLING CODE 6712±01±P Inc., (202) 857–3800, 1231 20th Street, NW, Washington, DC 20036. 2000. Provisions of the Regulatory ADDRESSES: Federal Communications FEDERAL COMMUNICATIONS Flexibility Act of 1980 do not apply to Commission, 445 12th Street, S.W., COMMISSION this proceeding. Room TW–A325, Washington, DC 20554. In addition to filing comments 47 CFR Part 73 Members of the public should note with the FCC, interested parties should that from the time a Notice of Proposed serve the petitioner, or its counsel or [DA 00±1838, MM Docket No. 00±142, RM± Rule Making is issued until the matter 9923] consultant, as follows: Linda A. is no longer subject to Commission Davidson, 2134 Oak Street, Unit C, Radio Broadcasting Services; consideration or court review, all ex Santa Monica, CA 90405 (Petitioner). Hawthorne, NV parte contacts are prohibited in FOR FURTHER INFORMATION CONTACT: Commission proceedings, such as this AGENCY: Federal Communications Leslie K. Shapiro, Mass Media Bureau, one, which involve channel allotments. (202) 418–2180. Commission. See 47 CFR 1.1204(b) for rules ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: This is a governing permissible ex parte contacts. synopsis of the Commission’s Notice of SUMMARY: The Commission requests For information regarding proper Proposed Rule Making, MM Docket No. comments on a petition filed by filing procedures for comments, see 47 00–134, adopted July 26, 2000, and Campbell River Broadcasting, LLC, CFR 1.415 and 1.420. released August 4, 2000. The full text of

VerDate 112000 16:19 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm08 PsN: 24AUP1 51576 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules this Commission decision is available ADDRESSES: Federal Communications SUMMARY: The Commission requests for inspection and copying during Commission, 445 12th Street, S.W., comments on a petition filed by Garry normal business hours in the FCC Room TW–A325, Washington, DC Zack seeking the allotment of Channel Reference Center, 445 12th Street, SW, 20554. In addition to filing comments 242A to Ludington, MI, as the Washington, DC. The complete text of with the FCC, interested parties should community’s third local aural and this decision may also be purchased serve the petitioner, or its counsel or second local commercial FM service. from the Commission’s copy contractor, consultant, as follows: Robert L. Channel 242A can be allotted to International Transcription Services, Olender, Koerner & Olender, P.C., 5809 Ludington in compliance with the Inc., (202) 857–3800, 1231 20th Street, Nicholson Lane, Suite 124, North Commission’s minimum distance NW, Washington, DC 20036. Bethesda, MD 20852 (Counsel to separation requirements with a site Provisions of the Regulatory petitioner). restriction of 5.5 kilometers (3.4 miles) south, at coordinates 43–54–30 NL; 86– Flexibility Act of 1980 do not apply to FOR FURTHER INFORMATION CONTACT: 26–10 WL, to avoid a short-spacing to this proceeding. Leslie K. Shapiro, Mass Media Bureau, Station WLXT, Channel 242C1, Petosky, Members of the public should note (202) 418–2180. that from the time a Notice of Proposed Michigan. Canadian concurrence in the Rule Making is issued until the matter SUPPLEMENTARY INFORMATION: This is a allotment must be obtained since is no longer subject to Commission synopsis of the Commission’s Notice of Ludington is located within 320 consideration or court review, all ex Proposed Rule Making, MM Docket No. kilometers (200 miles) of the U.S.- parte contacts are prohibited in 00–141, adopted August 2, 2000, and Canadian border. Commission proceedings, such as this released August 11, 2000. The full text DATES: Comments must be filed on or one, which involve channel allotments. of this Commission decision is available before October 2, 2000, and reply See 47 CFR 1.1204(b) for rules for inspection and copying during comments on or before October 17, governing permissible ex parte contacts. normal business hours in the FCC 2000. Reference Center, 445 12th Street, SW, For information regarding proper ADDRESSES: Washington, DC. The complete text of Federal Communications filing procedures for comments, see 47 Commission, 445 12th Street, S.W., CFR 1.415 and 1.420. this decision may also be purchased from the Commission’s copy contractor, Room TW–A325, Washington, DC Federal Communications Commission. International Transcription Services, 20554. In addition to filing comments John A. Karousos, Inc., (202) 857–3800, 1231 20th Street, with the FCC, interested parties should serve the petitioner, or its counsel or Chief, Allocations Branch, Policy and Rules NW, Washington, DC 20036. consultant, as follows: Robert L. Division, Mass Media Bureau. Provisions of the Regulatory Olender, Koerner & Olender, P.C., 5809 [FR Doc. 00–21576 Filed 8–23–00; 8:45 am] Flexibility Act of 1980 do not apply to Nicholson Lane, Suite 124, North BILLING CODE 6712±01±P this proceeding. Bethesda, MD 20852 (Counsel to Members of the public should note petitioner). that from the time a Notice of Proposed FEDERAL COMMUNICATIONS Rule Making is issued until the matter FOR FURTHER INFORMATION CONTACT: COMMISSION is no longer subject to Commission Leslie K. Shapiro, Mass Media Bureau, consideration or court review, all ex (202) 418–2180. 47 CFR Part 73 parte contacts are prohibited in SUPPLEMENTARY INFORMATION: This is a [DA 00±1836, MM Docket No. 00±141, RM± Commission proceedings, such as this synopsis of the Commission’s Notice of 9930] one, which involve channel allotments. Proposed Rule Making, MM Docket No. See 47 CFR 1.1204(b) for rules 00–143, adopted August 2, 2000, and Radio Broadcasting Services; governing permissible ex parte contacts. released August 11, 2000. The full text Pentwater, MI For information regarding proper of this Commission decision is available for inspection and copying during AGENCY: Federal Communications filing procedures for comments, see 47 CFR 1.415 and 1.420. normal business hours in the FCC Commission. Reference Center, 445 12th Street, SW, Federal Communications Commission. ACTION: Proposed rule. Washington, DC. The complete text of John A. Karousos, this decision may also be purchased SUMMARY: The Commission requests Chief, Allocations Branch, Policy and Rules from the Commission’s copy contractor, comments on a petition filed by Garry Division, Mass Media Bureau. International Transcription Services, Zack seeking the allotment of Channel [FR Doc. 00–21574 Filed 8–23–00; 8:45 am] Inc., (202) 857–3800, 1231 20th Street, 280A to Pentwater, MI, as the BILLING CODE 6712±01±P NW, Washington, DC 20036. community’s third local FM service. Provisions of the Regulatory Channel 280A can be allotted to Flexibility Act of 1980 do not apply to Pentwater in compliance with the FEDERAL COMMUNICATIONS this proceeding. Commission’s minimum distance COMMISSION Members of the public should note separation requirements without the that from the time a Notice of Proposed imposition of a site restriction, at 47 CFR Part 73 Rule Making is issued until the matter coordinates 43–46–30 NL; 86–26–24 is no longer subject to Commission WL. Canadian concurrence in the [DA 00±1837, MM Docket No. 00±143, RM± consideration or court review, all ex allotment must be obtained since 9931] parte contacts are prohibited in Pentwater is located within 320 Commission proceedings, such as this Radio Broadcasting Services; kilometers (200 miles) of the U.S.- one, which involve channel allotments. Ludington, MI Canadian border. See 47 CFR 1.1204(b) for rules DATES: Comments must be filed on or AGENCY: Federal Communications governing permissible ex parte contacts. before October 2, 2000, and reply Commission. For information regarding proper comments on or before October 17, filing procedures for comments, see 47 ACTION: Proposed rule. 2000. CFR 1.415 and 1.420.

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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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Wildlife (WDFW) 1995, Washington called leks, primarily during the The processing of this petition Sage and Columbian Sage Grouse morning hours just after dawn. Leks conforms with our Listing Priority Workshop (WSCSGW) 1996 and 1998, consist of patches of bare soil, short Guidance published in the Federal and Schroeder et al. 1999a. grass steppe, windswept ridges, exposed Register on October 22, 1999 (64 FR Sage grouse, also known as sage fowl, knolls, or other relatively open sites, 57114). The guidance clarifies the order spine-tailed grouse, fool hen, cock-of- and they are often surrounded by more in which we will process rulemakings. the-plains, and sage chicken, are dense shrub steppe cover, which is used The highest priority is processing gallinaceous (chicken-like, ground- for roosting or predator evasion during emergency listing rules for any species nesting) birds, and are the largest North the breeding season. Leks range in size determined to face a significant and American grouse species. Adult males from less than 0.4 hectare (ha) (1 acre imminent risk to its well-being. Second range in size from 66 to 76 centimeters (ac)) to over 40 ha (100 ac), contain priority is processing final (cm) (26 to 30 inches (in)) and weigh several to hundreds of males, and are determinations on proposed additions between 2 and 3 kilograms (kg) (4 and usually situated in areas of high female to the lists of endangered and 7 pounds (lb)); adult females range in use. Leks used over many consecutive threatened wildlife and plants. Third size from 48 to 58 cm (19 to 23 in) and years (historic leks) are typically larger priority is processing new proposals to weigh between 1 and 2 kg (2 and 4 lb). than, and often surrounded by, smaller add species to the lists. The processing Males and females have dark grayish- and less stable satellite leks. Males of administrative petition findings brown body plumage with many small defend individual territories within leks (petitions filed under section 4 of the gray and white speckles, fleshy yellow and perform elaborate displays with Act) is the fourth priority. The combs over the eyes, long pointed tails, their specialized plumage and processing of this 90-day petition and dark-green toes. Males also have vocalizations to attract females for finding is a fourth priority, and is being blackish chin and throat feathers, mating. Relatively few, dominant males completed in accordance with the conspicuous phylloplumes (specialized account for the majority of breeding on current Listing Priority Guidance. erectile feathers) at the back of the head a given lek. and neck, and white feathers around the After mating, females may move a We have made a 90-day finding on a neck and upper belly forming a ruff. maximum distance of 36 km (22 mi) petition to list the western sage grouse During breeding displays, males also depending on the availability of suitable (Centrocercus urophasianus phaios) in exhibit olive-green apteria (fleshy bare nesting habitat, and typically select nest Washington. The petition, dated May patches of skin) on their breasts. sites under sagebrush cover. Nests are 14, 1999, was submitted by the Sage grouse depend on a variety of relatively simple and consist of scrapes Northwest Ecosystem Alliance and the shrub steppe habitats throughout their on the ground, which are sometimes Biodiversity Legal Foundation, and was life cycle, and are particularly tied to lined with feathers and vegetation. received by us on May 28, 1999. The several species of sagebrush (Artemesia Clutch sizes range from 6 to 13 eggs, and petition requested the listing of western spp). Adult sage grouse rely on nest success ranges from 10 to 63 sage grouse in Washington as threatened sagebrush throughout much of the year percent. Chicks begin to fly at 2 to 3 or endangered. The letter clearly to provide roosting cover and food, and weeks of age, and broods remain identified itself as a petition and depend almost exclusively on sagebrush together for up to 12 weeks. Most contained the names, signatures, and for food during the winter. If shrub juvenile mortality occurs during nesting addresses of the petitioners. cover is not available, they will roost in and the chicks’ flightless stage, and is Accompanying the petition was snow burrows. While average dispersal due primarily to predation or severe supporting information relating to the movements are generally less than 35 weather conditions. Shrub canopy and taxonomy, ecology, and past and kilometers (km) (21 miles (mi)), sage grass cover provide concealment for present distribution of the species, as grouse may disperse up to 160 km (100 sage grouse nests and young, and may well as the threats faced by the western mi) between seasonal use areas. Sage be critical for reproductive success. sage grouse in Washington. grouse also exhibit strong site fidelity Sage grouse typically live between 1 The petitioners requested listing for (loyalty to a particular area), and are and 4 years and have an annual the Washington population of western capable of dispersing over areas of mortality rate of roughly 50 to 55 sage grouse and not the species unsuitable habitat. percent, with females generally having a rangewide. We consider this request A wide variety of forb (any herb plant higher survival rate than males. Up to appropriate because, although we do not that is not a grass) species are used as 50 percent of all sage grouse mortality base listing decisions on political forage by adult sage grouse from spring is caused by predation, from both avian subdivisions except international to early fall, and hens require an (e.g., hawks, eagles, and ravens) and boundaries, we can consider a abundance of forbs for pre-laying and ground (e.g., coyotes, badgers, and population of a vertebrate species or nesting periods. An assortment of forb ground squirrels) predators. subspecies as a listable entity under the and insect species form important Prior to European expansion into Act if the population is recognized as a nutritional components for chicks western North America, sage grouse distinct population segment (DPS) (61 during the early stages of development. (Centrocercus urophasianus) were FR 4722). We can also expand the scope Sage grouse typically seek out more believed to occur in 16 States and 3 of our review of petitions to the species mesic (moist) habitats that provide Canadian provinces (Schroeder et al. rangewide, should expansion be greater amounts of succulent forbs and 1999a), although their historic status in appropriate based on our knowledge of insects during the summer and early Kansas and Arizona is unclear the available information. fall. Winter habitat use varies based (Colorado Sage Grouse Working Group

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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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As such, the conservation status for the number of cattle supported in 1997; Benedict and Quinn 1998; Sara this potential DPS in relation to the Douglas County, which also supports Oyler-McCance, University of Denver, Act’s standards for listing are addressed, the north-central population of sage pers. comm. 1999). To date, range-wide below. grouse in Washington, is about 20,000 investigations include samples from A number of influences have been (WDFW 1995). Whether level of Colorado, Utah, Nevada, California, implicated in sage grouse population livestock use in the county may have Oregon, and Washington. Currently, no declines throughout the species’ range negative effects on sage grouse or their clear genetic distinction occurs between (Crawford and Lutz 1985, Blus et al. habitats is not clear. Prior to 1992, the recognized eastern and western 1989, Braun et al. 1994, Drut 1994, livestock grazing pressure was intense subspecies, or between the only sage WDFW 1995, Fischer et al. 1996, throughout the area of Kittitas and grouse so far analyzed in Washington Connelly and Braun 1997, Schroeder et Yakima Counties that now comprises (south-central population) and the other al. 1999a). Of primary concern is the the YTC, which supports the south- sampling locales. However, these results variety of impacts to shrub steppe central population of sage grouse in are preliminary, and to what extent the habitats, which include conversion for Washington. In 1992, grazing intensity forces of isolation, adaptive change, agricultural, urban, and mineral was reduced at the YTC within the sage genetic drift, and/or inbreeding may resources development, construction of grouse protection areas identified by the have influenced the genetic profiles of utility and transportation corridors, and Army. In 1995, cattle grazing was sage grouse throughout the habitat degradation through overgrazing, eliminated throughout the installation northwestern United States is unclear brush control (e.g., prescribed burning, (Livingston 1998). Twice annually (Oyler-McCance, pers. comm. 1999; herbicide spraying, and chaining), during spring and fall, flocks of sheep Nicolas Benedict, University of Denver, altered fire frequencies, and exotic are trailed through the YTC over a pers. comm. 1999). species invasions. Other potential period of several weeks (Pounds, pers. In summary, the sage grouse influences that may be associated with comm. 1999). To what degree current population in Washington may local population declines include livestock use levels may be impacting represent the only occurrence of the predation, excessive hunting, disease sage grouse or their habitat at the YTC species within the northwestern and parasitism, chemical applications is unknown. However, impacts from extension of its historic range (and the for pest control, weather cycles, and past livestock grazing are still evident Columbia Plateau biogeographic zone). recreational activities. As a result of throughout the installation (Livingston This area represents approximately one these combined influences, sage grouse 1998). half of the historic range of the western distribution and abundance have During the first half of the 1900s, large subspecies. We currently recognize the continued to decline over the past portions of the shrub steppe ecosystem western subspecies; however, this decade, and a number of populations in Washington were converted for designation is undergoing expert review may now be at risk throughout the dryland crop production (Daubenmire and may be discontinued in the near species’ range (in WSCSGW 1996 and 1988, WDFW 1995). During the mid- future. The available information 1998). Currently, sage grouse 1900s, a number of hydro-electric dams indicates that it may be more populations may be considered secure were developed on the Columbia and appropriate to consider the significance in five States, including Montana, Snake Rivers in Washington. The of the sage grouse population in Wyoming, Idaho, Nevada, and Oregon reservoirs formed by these projects Washington with regard to the entire (Connelly and Braun 1997). impacted native shrub steppe habitat range of the species. Information From 1986 to 1993, roughly 500,000 adjacent to the rivers and precipitated concerning sage grouse life-history cattle were grazed in the 9 central further conversion of large expanses of attributes indicates that the sage grouse Washington counties that historically upland shrub steppe habitat in central in Washington may represent harbored sage grouse (WDFW 1995). Washington for irrigated agriculture persistence of the species in an Current estimates of other livestock (WDFW 1995). Dobler (1994) estimated ecological setting unusual or unique for abundance in central Washington and that approximately 60 percent of the the taxon. The biogeographical northern Oregon are not available. original shrub steppe habitat in information indicates that the loss of Excessive grazing pressure can have Washington had been converted for this discrete population segment may significant impacts on the shrub steppe other, primarily agricultural, uses. result in a significant gap in the range ecosystems found throughout the While at much-reduced levels, shrub of the taxon. Finally, not enough historic range of sage grouse (Fleischner steppe habitat continues to be converted information currently exists for us to 1994), and these impacts may be for both dryland and irrigated crop determine if sage grouse within the exacerbated in portions of the Columbia production. In addition, the U.S. Bureau northwestern extension of the species’ River Basin that support the of Reclamation retains options for historic distribution may exhibit a northwestern extension of the species’ further development of the Columbia significantly different genetic makeup range. In this region, excessive grazing Basin Irrigation Project in central compared to the remainder of the taxon. removes current herbaceous growth and Washington (USDI 1998). Cassidy (1997) Based on the available information, residual cover of native grasses and considered major portions of we find that the information is forbs, and can increase the canopy cover Washington’s shrub steppe ecosystem inconclusive either to support or refute and density of sagebrush and among the least protected areas in the a significance determination for the undesirable invasive species State. discrete population of sage grouse that (Daubenmire 1988, WDFW 1995, Large areas of privately owned lands occurs in Washington. Further review of Livingston 1998). These impacts may be in Douglas and Grant Counties are the available information, and especially critical to the reproductive currently withdrawn from crop

VerDate 112000 10:37 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm01 PsN: 24AUP1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51583 production and planted to native and those associated with the smaller, conducted by the WSGWG (1998) non native cover under the Federal ongoing training activities, are not indicate that neither local population is Conservation Reserve Program (CRP), currently available. Cadwell et al. (1996) likely viable at their current levels over established in 1985 (USDA 1998). Lands suggested that native vegetation on the long term (approximately 100 years). under the CRP are very important to the impacted sites with limited soil In addition to the relatively large-scale local population of sage grouse in north- disturbance will recover following large- impacts on native shrub steppe habitat central Washington (Schroeder, pers. scale maneuver exercises. In addition, (above), other naturally occurring comm. 1999). A number of CRP the YTC conducts aggressive impacts and human influences of lesser contracts in Washington have expired revegetation efforts for sagebrush and magnitude may pose threats to since 1995, and more are scheduled to native grasses within the sage grouse Washington’s isolated local populations. expire from now through 2002. New protection areas (Livingston 1998), and Potential risks to small and/or contracts completed in 1998 for Douglas has eliminated season-long grazing on fragmented populations include direct County have increased the acreage of the installation (USDD 1996). impacts to individuals from inclement CRP lands potentially available for use Evaluation of the quality or quantity of weather conditions, altered predator by sage grouse. However, contracts naturally recovered areas and the demographics or behavior, agricultural extend for just 10 years, and new efficacy of revegetation efforts is practices, vehicle collisions, pest standards for CRP lands will be currently not available. control measures, and military training. implemented that may require Natural and human-caused fire is a Impacts may also result from indirect replanting of significant acreage under significant threat to sage grouse disturbance of the local populations existing contracts (USDA 1998, throughout Washington because, at caused by agricultural and grazing Schroeder, pers. comm. 1999). increased frequencies, it can remove activities, transportation corridors, Presently, it is unclear what effects sagebrush from the vegetation recreation, and military training events these changes have had, or will have, on assemblage (USDI 1994, WDFW 1995). (over-flights, troop movements, etc.). the north-central population of sage Sagebrush is easily killed by fire The relatively small, isolated grouse in Washington. (Daubenmire 1988) and, in the absence populations of sage grouse in In 1991, the Army expanded the YTC of a sufficient seed source, may not Washington may also be at greater risk along its northern boundary by readily reinvade sites where it has been to the deleterious effects from approximately 24,000 ha (60,000 ac) to removed. Fire may be especially inbreeding. Conversely, outbreeding form its present configuration and size damaging at the YTC, where military depression may be a concern for of approximately 130,000 ha (320,000 training activities provide multiple reintroduction efforts in Washington. It ac). One of the primary justifications for ignition sources, vegetative cover is is unlikely that any one of the above expansion of the installation was to relatively continuous, and invasive factors has played a significant role in reduce impacts to heavily used areas by species such as cheatgrass (Bromus the population declines and range allowing rotational training exercises tectorum) and knapweed (Centauria reductions of sage grouse in the and rehabilitation of impacted sites spp.) may provide fine fuels that can northwestern extension of their historic (USDD 1989). In 1994, the Army carry a fire. The Army considered fire range. However, these influences may restationed mechanized and armored management and control in its planning now play an important role in the combat forces to Fort Lewis (USDD efforts for the restationing action (USDD dynamics of the relatively small and 1994). This restationing action was 1996), and YTC has since developed a isolated local populations that remain in undertaken to accommodate brigade- detailed fire management plan (USDD Washington. level maneuver exercises, and may 1998). However, the potential for We have reviewed the petition, result in an increase in overall training relatively large range fires to occur at literature cited in the petition, other activity and associated impacts at the the YTC remains. In 1996, over 25,000 pertinent literature, and information YTC. The large-scale training exercises ha (60,000 ac) of shrub steppe habitat, available in our files, and consulted at the YTC are scheduled to occur at 18- much of it currently and potentially with biologists and researchers familiar to 24-month intervals, and may involve used by sage grouse, was burned as a with sage grouse. After reviewing this more than 10,000 troops and 1,000 result of training activities. Livingston information, we find that the tracked and wheeled vehicles. Various (1998) indicates that a fire of this Washington population of western sage smaller-scale training exercises are also magnitude within the identified sage grouse may be both discrete and conducted annually at the YTC by other grouse protection areas would significant, and so may satisfy our U.S. and allied military units (USDD jeopardize the species’ persistence at the criteria for designation as a DPS. On the 1989, Livingston 1998). installation. basis of the best scientific and In the fall of 1995, the Army Well-managed hunting with harvest commercial information available, we conducted its first large-scale training rates below roughly 30 percent are not also find that sufficient information exercise at the YTC following the believed to have significant impacts on exists with regard to the five listing restationing action. Analysis of the healthy sage grouse populations factors established by the Act and impacts from this exercise indicated (Schroeder et al. 1999a). Harvest rates ongoing conservation measures to that over 9 percent of the sagebrush that exceed 30 percent or hunting of indicate that listing the population of plants within the sage grouse protection relatively small, isolated populations sage grouse that occurs in Washington areas experienced major structural may act to limit sage grouse abundance as threatened or endangered may be damage. In addition, modeling exercises in some areas. Western sage grouse in warranted. indicated that sagebrush cover would Washington have not been subject to In making this finding, we recognize decline due to similar training scenarios hunting since 1988 (WDFW 1995). that there have been declines in sage if conducted on a biannual basis The fragmented, isolated nature of the grouse populations primarily attributed (Cadwell et al. 1996). Analyses of the populations of sage grouse that occur in to the loss and degradation of shrub potential impacts to other shrub steppe Washington is a concern for the steppe habitat. These impacts are likely components that may be important to conservation of the species in the due to a combination of factors, sage grouse at the YTC (e.g., grass, forb, northwestern extension of its historic including crop production, over-grazing and insect quality and abundance), or range. Preliminary viability analyses by livestock, fire, military training, rural

VerDate 112000 10:37 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm01 PsN: 24AUP1 51584 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules and suburban development, dam Dated: August 18, 2000. this document, may be obtained by construction, herbicide spraying, Jamie Rappaport Clark, writing to this address, or by recreation, and other factors. The Director, U.S. Fish and Wildlife Service. telephoning the contact listed here (see petition presents evidence that the [FR Doc. 00–21610 Filed 8–23–00; 8:45 am] FOR FURTHER INFORMATION CONTACT). A population of this species that occurs in BILLING CODE 4310±55±P copy of the draft environmental impact Washington is at risk. We also recognize statement (DEIS) may be obtained from that various State and Federal agencies Marine Acoustics Inc., 809 Aquidneck in Washington, and throughout the DEPARTMENT OF COMMERCE Ave., Middletown, RI 02842, attn. Kathy species’ historic distribution, are Vigness Reposa, 401-847-7508. actively managing the birds to try and National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: improve their overall population status Administration and/or attempting to restore them to Kenneth R. Hollingshead (301) 713- 2055, ext. 128. currently unoccupied habitats. 50 CFR Part 216 Section 4(b)(3)(B) of the Act requires SUPPLEMENTARY INFORMATION: that, to the maximum extent practicable [Docket No. 000801223-0223-01; I.D. within 12 months from the date that a 062000A] Background petition presenting substantial RIN 0648-AO24 information is received, we make a Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 U.S.C. 1361 finding as to whether it is warranted to Taking and Importing Marine list the petitioned species as threatened et seq.) (MMPA) directs the Secretary of Mammals; Taking Marine Mammals Commerce (Secretary) to allow, upon or endangered. Due to a backlog of Incidental to Operation of a Low request, the incidental, but not court-ordered listing and critical habitat Frequency Sound Source by the North intentional taking of small numbers of actions and funding constraints, a status Pacific Acoustic Laboratory review for the sage grouse population marine mammals by U.S. citizens who that occurs in Washington will probably AGENCY: National Marine Fisheries engage in a specified activity (other than not be conducted until May 2001. If the Service (NMFS), National Oceanic and commercial fishing) within a specified 12-month finding determines listing the Atmospheric Administration (NOAA), geographical region if certain findings western sage grouse in Washington is Commerce. are made and regulations are issued. warranted, the designation of critical ACTION: Advance notice of proposed Permission may be granted for periods habitat would be addressed in the rulemaking; receipt of an application for of 5 years or less if the Secretary finds subsequent proposed rule. a small take exemption; request for that the taking will be small, will have Public Information Solicited comment and information. no more than a negligible impact on the species or stock(s), and will not have an We are required to promptly SUMMARY: NMFS has received a request unmitigable adverse impact on the commence a review of the status of the from the University of California San availability of the species or stock(s) for species after making a positive 90-day Diego, Scripps Institution of Arctic Ocean subsistence uses, and if finding on a petition. With regard to this Oceanography (Scripps), for a small take regulations are prescribed setting forth positive petition finding, we are of marine mammals incidental to the the permissible methods of taking and requesting information primarily continued operation of a low frequency the requirements pertaining to the concerning the species’ population (LF) sound source previously installed monitoring and reporting of such taking. status and trends, extent of off the north shore of Kauai by the fragmentation and isolation of other Acoustic Thermometry of Ocean Summary of Request population segments, significance or Climate (ATOC) project. As a result of nonsignificance of the Washington that request, NMFS is considering On May 21, 2000, NMFS received an population and/or any other discrete whether to propose regulations that application for an incidental, small take population segments, potential threats would authorize the incidental taking of authorization under section 101(a)(5)(A) to the species, and ongoing management a small number of marine mammals. In of the MMPA from Scripps to take measures that may be important with order to issue regulations for this taking, marine mammals incidental to the regard to the conservation of sage grouse NMFS must determine that this taking continued operation of a LF sound in Washington or throughout the will have no more than a negligible source previously installed off the north remainder of the taxon’s historic range. impact on the affected species and shore of Kauai by the ATOC project. An In addition, we request information stocks of marine mammals. NMFS alternative source location under relating to the designation of critical invites comment on the application and consideration in the DEIS and here is for habitat for western sage grouse in suggestions on the content of the Midway Island. A final decision on Washington. regulations. whether to re-use the ATOC source (or to install a new source and cable at References Cited DATES: Comments and information must Midway), in order to combine a second A complete list of all references cited be postmarked no later than September phase of research on the feasibility and herein is available on request from the Upper 25, 2000. Comments will not be value of large-scale acoustic Columbia River Basin Field Office, (See accepted if submitted via e-mail or the thermometry with long range ADDRESSES section). Internet. underwater sound transmission studies Author: The primary author of this ADDRESSES: Comments should be and marine mammal monitoring and document is Chris Warren, U.S. Fish addressed to Donna Wieting, Chief, studies will be made based, in part, on and Wildlife Service, 11103 E. Marine Mammal Conservation Division, findings and determinations made Montgomery Drive, Spokane, Office of Protected Resources, National under the National Environmental Washington, 99206. Marine Fisheries Service, 1315 East- Policy Act (NEPA). As the principal Authority: The authority for this action is West Highway, Silver Spring, MD funding agency for the proposed action, the Endangered Species Act (16 U.S.C. 1531 20910-3226. A copy of the application, a DEIS has been prepared by the Office et seq.). which contains the references used in of Naval Research (ONR). NMFS is a

VerDate 112000 16:19 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm08 PsN: 24AUP1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51585 cooperating agency in the preparation of Marine Mammals The Hawaiian monk seal (Monachus this DEIS. A summary of the marine mammal schauinslandi) occurs in the area of the Leeward Hawaiian Islands. Project Description species that may potentially be found in the vicinity of the ATOC source at either Acoustic thermometry is a method for Potential Impacts on Marine Mammals Kauai or Midway is presented here. For obtaining information about the The effects of underwater noise on temperature field in the ocean from more detail on marine mammal marine mammals are highly variable, precise measurements of the travel abundance, density and the methods and can be categorized as follows (based times of sound pulses transmitted used to obtain this information, on Richardson et al., 1995): (1) The through the ocean. It is also a technique reviewers are requested to refer to the noise may be too weak to be heard at the for acoustic remote sensing of the ocean ONR DEIS. For general information on location of the animal (i.e. lower than interior, in which the properties of the North Pacific Ocean marine mammals, the prevailing ambient noise level, the ocean between the acoustic sources and reviewers may refer to Barlow et al. hearing threshold of the animal at receivers are determined, rather than the (1997). relevant frequencies, or both); (2) the properties of the ocean at the Six species of baleen whales, noise may be audible but not strong instruments as is the case for humpback (Megaptera novaengliae), fin enough to elicit any overt behavioral conventional thermometers and current Balaenoptera physalus), blue B. response; (3) the noise may elicit meters. Acoustic thermometry in the musculus), Bryde’sB. borealis), minke behavioral reactions of variable ocean is closely related to seismology, (B. acutorostrata), and right (Eubalaena conspicuousness and variable relevance in which properties of the Earth’s glacialis) whales, may occur in the to the well being of the animal; these interior are inferred from travel times of Kauai or Midway Atoll areas. Although can range from subtle effects on earthquake waves. not reported near Midway Atoll, the respiration or other behaviors Under the proposed action, the seabed humpback whale is the only (detectable only by statistical analysis) power cable and sound source from the balaenopterid whale known to be to active avoidance reactions; (4) upon ATOC project would remain in their present in reasonably large numbers. repeated exposure, animals may exhibit present locations on Kauai, and Humpback whales are considered diminishing responsiveness transmissions would continue with abundant in coastal waters of the main (habituation), or disturbance effects may approximately the same signal Hawaiian Islands from November persist (the latter is most likely with parameters and transmission schedule through April. Fin whales and blue sounds that are highly variable in used in the earlier ATOC project. The whales have the potential to occur in characteristics, unpredictable in typical schedule consists of six 20- the area; however, their distribution and occurrence, and associated with minute (min) transmissions (one every 4 abundance in the region is believed to situations that the animal perceives as a hours), every fourth day, with each be uncommon (Balcomb, 1987), threat); (5) any man-made noise that is transmission preceded by a 5-min ramp- although only a single fin whale was strong enough to be heard has the up period during which the signal observed during recent ATOC marine potential to reduce (mask) the ability of intensity was gradually increased, mammal research. Right whales in the marine mammals to hear natural sounds representing an average duty cycle of 2 North Pacific Ocean are extremely rare at similar frequencies, including calls percent. With the possible exception of and therefore, would also be rare in the from conspecifics and/or echolocation short duration testing with duty cycles Hawaiian Islands. Bryde’s whales, and sounds, and environmental sounds such of up to 8 percent, or equipment failure, minke whales may be occasionally seen as ice or surf noise; and (6) very strong this schedule would continue for a in the area of Midway Atoll sounds have the potential to cause period of 5 years. The signals (Leatherwood et al., 1988), but are not either a temporary or a permanent transmitted by the source would have a usually found off Kauai. reduction in hearing sensitivity (referred center frequency of 75 Hertz (Hz) and a Sixteen species of odontocetes to respectively as temporary threshold bandwidth of approximately 35 Hz (i.e., (toothed whales, dolphins and shift (TTS) or permanent threshold shift sound transmissions are in the porpoises) may be found in the Kauai (PTS). Few data on the effects of non- frequency band of 57.5-92.5 Hz). and Midway areas. These species are explosive sounds on hearing thresholds Approximately 260 watts of acoustic sperm whales (Physeter of marine mammals have been obtained, power would be radiated during macrocephalus), short-finned pilot however, in terrestrial mammals, and transmission. At 1 meter (m)(33 feet (ft)) whales (Globicephala macrorhynchus), presumably in marine mammals, from the source (at 807 m (2,648 ft) beaked whales (Ziphius cavirostris, received sound levels must far exceed water depth at the Kauai location), Berardius bairdi, and Mesoplodon spp.), the animal’s hearing threshold for there sound intensity (i.e., source level) spinner dolphins (Stenella longirostris), to be any TTS. Received levels must be would be about 195 decibels (dB) spotted dolphin (Stenella attenuata), even higher for there to be risk of PTS. referenced to the intensity of a signal striped dolphin (Stenella coeruleoalba), For this project, Scripps has with a sound pressure level (SPL) of 1 bottlenose dolphins (Tursiops established the threshold for risk of microPascal (1 µPa). According to truncatus), rough-toothed dolphin harm as a single ping at 180 dB re 1 Scripps, the signal parameters and (Steno bredanensis), pygmy sperm µParms (180 dB). Harm is defined in this source level have been found in the whale (Kogia breviceps), dwarf sperm context as onset TTS, or the lower end ATOC project to provide adequate, but whale (Kogia simus), killer whales of Level A harassment. Although not excessive, signal-to-noise ratios in (Orcinus orca), false killer whale recently some scientists have the receiver ranges of interest. (Pseudorca crassidens), pygmy killer questioned whether TTS is actually an While the proposed action involves whale (Feresa attenuata), and melon- injury (see Navy, 1999, Appendix E-1, the continued operation of the source headed whale (Peponocephala electra). Criteria for Marine Mammal Auditory installed at the Kauai, HI location, an It should be noted, however, that the Shift), in this action, TTS is being alternative location under consideration latter 7 species were not sighted in or categorized as the onset for a Level A in the ONR DEIS would be installing a near the proposed Kauai area during harassment take. In this proposed sound source and cable at a location off marine mammal surveys conducted action, a marine mammal would have to the coast of Midway Island. between 1993 and 1998. receive one ping greater than, or equal

VerDate 112000 16:30 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm08 PsN: 24AUP1 51586 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules to 180 dB in order to be considered modeled population into an estimate of area in substantial numbers is the receiving a non-serious injury (Level A the risk from a prolonged disruption of humpback whale, and Scripps believes harassment) or many pings at a received a biologically important behavior, and that because they usually prefer level (RL) slightly lower than 180 dB in (5) the conversion of these estimates of nearshore locations (inside the 100- order to potentially incur a significant behavioral risk into an assessment of fathom (188 m) depth contour), few are biological response (Level B risk in terms of the level of potential expected to be exposed to received harassment). biological removal. levels greater than 120 dB (i.e, the SPL In order to understand the biological Next, a relationship for converting the level presumed by Scripps to be zero for significance of the risk of Level A or resultant cumulative exposures for a marine mammals having the potential to Level B harassment, it is necessary to modeled population into an estimate of incur a prolonged disturbance of determine how this risk might affect a the risk to the entire population of a biologically important behavior). population of marine mammals, starting prolonged disruption of a biologically Similarly, sperm whales are the most with acoustic criteria. First, the marine important behavior and of injury was common deep-diving odontocete mammal must be able to hear LF sound. developed. This process assessed risk in (toothed) whale in the area, but because Second, the animal must incur a relation to RL and repeated exposure. they usually prefer offshore waters (i.e., reaction to the LF sound that is more The resultant ≥risk continuum≥ is based water depths greater than 4,000 m than momentary. Third, any effect from on the assumption that the threshold of (12,700 ft)), few are expected to be LF sound must involve a significant risk is variable and occurs over a range exposed to received levels greater than behavioral change in a biologically of conditions rather than at a single 120 dB. According to Scripps, these important activity, such as feeding, threshold. distributional preferences are supported breeding, or migration, all of which are Taken together, the recent results on by the Kauai ATOC MMRP (Mobley, potentially important for reproductive marine mammals from LF sounds, the 1999a). success of the population. acoustical modeling, and the risk Using the risk continuum and Based on California and Hawaii assessment, provide an estimate of acoustic modeling Scripps estimated the ATOC Marine Mammal Research potential environmental impacts to potential for biologically significant Program (MMRP), Scripps found no marine mammals. reactions by marine mammals under the overt or obvious short-term changes (1) The acoustical modeling process was proposed action. Scripps determined in the abundance and distribution of accomplished by Scripps using the U.S. that only humpback whales that remain marine mammals in response to the Navy’s standard acoustical performance in the vicinity of the sound source for ATOC transmissions (intensive prediction transmission loss model- a full day of transmissions may statistical analyses of aerial survey data Parabolic Equation (PE) version 3.4. The potentially experience any effect from showed some subtle shifts in results of this model are the primary the source transmissions. However, distribution of humpback (and possibly input to the Acoustic Integration Model humpback whales typically travel sperm) whales away from the California (AIM). AIM was used in this analysis to parallel to the coast of Kauai, and, site (Calambokidis et al., 1998) and estimate mammal sound exposures and therefore, Scripps believes, would humpback whales away from the Kauai integrate simulated characteristics of probably not receive sound from more site); (2) in the behavior of humpback marine mammals (e.g., species than a single transmission. whales or elephant seals in response to distribution, density, dive profiles, and At the Midway site, the mysticete the playback of ATOC-like sounds general movement, NPAL sound whale expected in greatest abundance is (intensive statistical analyses revealed transmissions (e.g., duty cycle, the Bryde’s whale. Because they usually some subtle changes in the behavior of transmission length), and the predicted prefer nearshore locations, Scripps humpback whales (Frankel and Clark, sound field for each transmission to expects few animals would be exposed 1998; 1999b); or (3) in the singing estimate acoustic exposure during a to RLs greater than 120 dB. Similarly, behavior of humpback whales in the typical NPAL source transmission. A sperm whales are the most common vicinity of the Kauai ATOC sound description of the PE and AIM models deep-diving odontocetes in the area, but source. Bioacoustic experts concluded (including AIM input parameters for because they usually prefer offshore that these subtle effects would not animal movement, diving behavior, and waters (i.e., water depths greater than adversely affect the survival of an marine mammal distribution, 4,000 m (12,700 ft)), few are expected to individual whale or the status of the abundance, and density) and the risk be exposed to received levels greater North Pacific humpback whale continuum analysis are described in than 120 dB. A much higher abundance population (Frankel and Clark, 1999a). detail in the Scripps application and the of Hawaiian monk seals is expected near To assess the potential environmental ONR DEIS and are not discussed further Midway Island than Kauai since this impact of the North Pacific Acoustic in this document. At this time, NMFS species prefers the small, mostly Laboratory (NPAL) sound source on recommends reviewers read these uninhabited chain of islands and atolls marine mammals, it was necessary for documents if additional information is northwest of the main Hawaiian Islands. Scripps to predict the sound field that desired. If NMFS proceeds with Using the risk continuum and a given marine mammal species could rulemaking on this action, that acoustic modeling Scripps determined be exposed to over time. This is a multi- rulemaking document will discuss the that there would be no potential for part process involving (1) the ability to risk continuum and estimates of affected biologically significant effects on marine measure or estimate an animal’s marine mammal populations in greater mammals from source transmissions at location in space and time, (2) the detail. Midway Island, although some subtle ability to measure or estimate the three- Scripps, however, has drawn some effects may occur. dimensional sound field at these times general conclusions from the relative and locations, (3) the integration of abundance of various marine mammal Mitigation these two data sets to estimate the species in relationship to the NPAL Scripps’ proposed action includes potential impact of the sound field on sound field. Under the proposed mitigation that would minimize the a specific animal in the modeled alternative (utilizing the ATOC sound potential effects of the NPAL sound population, (4) the conversion of the source at Kauai), the only mysticete source to marine mammals. First, the resultant cumulative exposures for a (baleen) whale species expected in the sound source would operate at the

VerDate 112000 10:37 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\24AUP1.SGM pfrm01 PsN: 24AUP1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51587 minimum duty cycle necessary to Monitoring and Reporting a determination on issuance of a final support the large-scale acoustic rule and exemption. thermometry and long-range In an effort to understand the propagation objectives. Transmissions potential for long-term effects of man- Classification made sound on marine mammals, would contiue with approximately the This action has been determined to be same transmission schedule as that used Scripps proposes to monitor the distribution and abundance of marine not significant under Executive Order during the first feasibility phase of the 12866. ATOC study. Second, any increases in mammals in the vicinity of the sound the duty cycle beyond the nominal 2 source, by conducting a total of 4 aerial Information Solicited percent (with a maximum of 8 percent) surveys during each humpback whale would not occur during the peak season. The data collected will be NMFS requests interested persons to humpback whale season (January- compared with data collected during the submit comments, information, and April). The proposed action includes Kauai ATOC Marine Mammal Research suggestions concerning the request and the possibility of an 8-percent duty Program. Reports on the aerial survey the structure and content of the cycle for up to 2 months out of each results will be available to the public in regulations to allow the taking. NMFS year; this action, however, would not reports. A report on activites will be requests that commenters review the occur during the period of time provided to NMFS annually. ONR DEIS and/or Scripps’ small take humpback whales inhabit Hawaiian NEPA application and not submit comments waters. Third, the sound source would based solely on this document. NMFS operate at the minimum power level The ONR has released a DEIS under will consider information submitted in necessary to support large-scale acoustic NEPA (see ADDRESSES). NMFS is a developing proposed regulations to thermometry and long-range sound cooperating agency, as defined by the authorize the taking. If NMFS proposes transmission objectives. The fourth Council on Environmental Quality (40 regulations to allow this take, interested mitigation measure proposed is to ramp- CFR 1501.6), in the preparation of this parties will be given ample time and up the NPAL sound source DEIS. opportunity to comment on the transmissions over a 5-min period. This Endangered Species Act (ESA) proposed rule. is believed to reduce the potential for Dated: August 15, 2000. startling marine mammals in the NMFS will be consulting with the vicinity of the NPAL sound source and ONR under section 7 of the ESA on this Penelope D. Dalton, provides them an opportunity to move action. In that regard, the ONR has Assistant Administrator for Fisheries, away from the sound source before submitted to NMFS a Biological National Marine Fisheries Service. transmitting at the maximum power Assessment under the ESA. This [FR Doc. 00–21679 Filed 8–23–00; 8:45 am] levels. consultation will be concluded prior to Billing Code: 3510-22-S

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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

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 51594 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices information collection should be sent to at the time of the invention. Mr. A-chain and method for making and Academy, Maruyama assigned rights to the Air using the composition. Office of Admissions, 2304 Cadet Drive, Force recorded at reel 9549, frames 124 Suite 236, USAFA, CO 80840. and 125. Gregory D. Showalter, FOR FURTHER INFORMATION CONTACT: To The license described above will be Army Federal Register Liaison Officer. request more information on this granted unless an objection thereto, [FR Doc. 00–21657 Filed 8–23–00; 8:45 am] proposed information collection or to together with a request for an BILLING CODE 3710±08±U obtain a copy of the proposed and opportunity to be heard, if desired, is associated collection instruments, received in writing by the addressee set please write to the above address, or call forth below within 60 days from the DEPARTMENT OF DEFENSE United States Air Force Academy, date of publication of this Notice. Office of Admissions, (719) 333–7291. Information concerning the application Department of the Army Title, Associated Form, and OMB may be obtained, on request, from the Availability for Non-Exclusive, Number: Air Force Academy Secondary same addressee. School Transcript, USAFA Form 148, Exclusive, or Partially Exclusive All communications concerning this Licensing of U.S. Patent Application OMB Number 0701–0066. Notice should be sent to Mr. Randy Needs and Uses: The information Concerning Overcoming Interference Heald, Associate General Counsel collection requirement is necessary to in Alphavirus Immune Individuals (Acquisition), SAF/GCQ, 1500 Wilson obtain data on candidate’s background Blvd., Suite 304, Arlington, VA 22209– and aptitude in determining eligibility AGENCY: U.S. Army Medical Research 2310. Mr. Heald can be reached at 703– and selection to the Air Force Academy. and Materiel Command, DoD. Affected Public: Individuals or 588–5091 or by fax at 703–588–8037. ACTION: Notice. households. Janet A. Long, Annual Burden Hours: 3,477. Air Force Federal Register Liaison Officer. Number of Respondents: 6,954. SUMMARY: In accordance with 37 CFR [FR Doc. 00–21652 Filed 8–23–00; 8:45 am] Responses per Respondent: 1. 404.6, announcement is made of the Average Burden per Response: 30 BILLING CODE 5001±05±U availability for licensing of U.S. Patent Minutes. Application Serial Number 09/082,357 Frequency: 1. DEPARTMENT OF DEFENSE entitled ‘‘Overcoming Interference in SUPPLEMENTARY INFORMATION: Alphavirus Immune Individuals’’, filed Summary of Information Collection Department of the Army May 20, 1998. This patent has been assigned to the United States The information collected on this Availability for Non-Exclusive, Government as represented by the form is required by 10 U.S.C. 9346. The Exclusive, or Partially Exclusive Secretary of the Army. respondents are students who are Licensing of U.S. Patent Application applying for admission to the United Concerning Deglycosylated Ricin ADDRESSES: Commander, U.S. Army States Air Force Academy. Each Toxin A-Chain Vaccine Medical Research and Materiel student’s background and aptitude is Command, ATTN: Command Judge reviewed to determine eligibility. If the AGENCY: U.S. Army Medical Research Advocate, MCMR–JA, 504 Scott Street, information on this form is not and Materiel Command, DoD. Fort Detrick, Frederick, Maryland collected, the individual cannot be ACTION: Notice. 21702–5012. considered for admittance to the Air Force Academy. FOR FURTHER INFORMATION CONTACT: For SUMMARY: In accordance with 37 CFR patent issues, Ms. Elizabeth Arwine, Janet A. Long, 404.6, announcement is made of the Patent Attorney, (301) 619–7808. For Air Force Federal Register Liaison Officer. availability for licensing of U.S. Patent licensing issues, Dr. Paul Mele, Office of [FR Doc. 00–21651 Filed 8–23–00; 8:45 am] Application Serial Number 09/523,271 Research & Technology Assessment, BILLING CODE 5001±05±U entitled ‘‘Deglycosylated Ricin Toxin A- (301) 619–6664. Both at telefax (301) Chain Vaccine’’, filed March 10, 2000. 619–5034. This patent application has been DEPARTMENT OF DEFENSE assigned to the United States SUPPLEMENTARY INFORMATION: This Government as represented by the invention is a method for overcoming Department of the Air Force Secretary of the Army. alphavirus vaccine interference in alphavirus-immune subjects by ADDRESSES: Commander, U.S. Army Notice of Intent To Grant an Exclusive administration of a second alphavirus Patent License Medical Research and Materiel Command, ATTN: Command Judge vaccine which is altered such that it is Pursuant to the provisions of part 404 Advocate, MCMR–JA, 504 Scott Street, not accessible to interfering antibodies. of title 37, Code of Federal Regulations, Fort Detrick, Frederick, Maryland Examples of such alterations are which implements Public Law 96–517, 21702–5012. described as well as evidence showing the Department of the Air Force that alphavirus interference likely FOR FURTHER INFORMATION CONTACT: announces its intention to grant For results from the binding of interfering Powdermet Inc., a company doing patent issues, Ms. Elizabeth Arwine, antibodies to viral proteins expressed on business in Sun Valley, California (CA), Patent Attorney, (301) 619–7808. For infected cells thereby causing lysis of an exclusive license in any right, title licensing issues, Dr. Paul Mele, Office of infected cells. and interest the Air Force has in U.S. Research & Technology Assessment, Patent Number 6,033,622 entitled (301) 619–6664. Both at telefax (301) Gregory D. Showalter, ‘‘Method for Making Metal Matrix 619–5034. Army Federal Register Liaison Officer. Composites.’’ The inventor, Benji SUPPLEMENTARY INFORMATION: A vaccine [FR Doc. 00–21655 Filed 8–23–00; 8:45 am] Maruyama was a government employee comprising deglycosylated ricin toxin BILLING CODE 3710±08±U

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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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Rules of Practice and Procedure, a form and place at Cove Point’s main Columbia Gulf proposes to replace the hearing will be held without further office at 2800 Post Oak Boulevard in existing compressor unit with a Solar notice before the Commission or its Houston, Texas. Mars 100–T15000S turbine driven designee on this Application if no Any person desiring to protest this compressor unit, to be designated as petition to intervene is filed within the filing should file a protest with the Columbia Gulf’s Unit 108, with a rating time required herein, if the Commission Federal Energy Regulatory Commission, of 14,470 HP. Columbia Gulf asserts that on its own review of the matter finds 888 First Street, NE., Washington, DC the construction of the new unit will be that a grant of the abandonment is 20426, in accordance with Section within the existing compressor station required by the public convenience and 385.211 of the Commission’s Rules and site and the replacement will not change necessity. If a petition for leave to Regulations. All such protests must be the design day/certificated capacity of intervene is timely filed, or if the filed as provided in Section 154.210 of 2,156,334 Mmcf/d winter, and 2,056,334 Commission, on its own motion believes the Commission’s Regulations. Protests Mmcf/d summer. that a formal hearing is required, further will be considered by the Commission Columbia Gulf states that the notice of such hearing will be duly in determining the appropriate action to proposed construction is estimated to given. be taken, but will not serve to make cost $13,000,000 and the associated net Under the procedure herein provided protestants parties to the proceedings. debit to accumulated provision for for, unless otherwise advised, it will be Copies of this filing are on file with the depreciation for the abandonment is unnecessary for Applicant to appear or Commission and are available for public $1,702,000. Columbia Gulf asserts that be represented at the hearing. inspection in the Public Reference upon completion of the construction, Room. This filing may be viewed on the David P. Boergers, the existing unit will be removed. web at http://www.ferc.fed.us/online/ Columbia Gulf states that the proposed Secretary. rims.htm (call 202–208–2222 for age and condition replacement qualifies [FR Doc. 00–21604 Filed 8–23–00; 8:45 am] assistance). for rolled-in rate treatment under the BILLING CODE 6717±01±M Commission’s Pricing Policy for New David P. Boergers, and Existing Facilities Constructed by Secretary. Interstate Natural Gas Pipelines, 71 DEPARTMENT OF ENERGY [FR Doc. 00–21594 Filed 8–23–00; 8:45 am] FERC Paragraph 61,241 (1995) (Pricing BILLING CODE 6717±01±M Policy Statement) as interpreted by the Federal Energy Regulatory Commission in Columbia Gas Commission Transmission Corp., 75 FERC Paragraph [Docket No. RP00±389±001] DEPARTMENT OF ENERGY 61,158 (1996). Therefore, Columbia Gulf requests all project costs should be Cove Point LNG Limited Partnership; Federal Energy Regulatory permitted rolled-in treatment in Notice of Tariff Filing Commission Columbia Gulf’s next rate case. August 18, 2000. Any questions regarding the [Docket No. CP00±437±000] application should be directed to Lee M. Take notice that on August 15, 2000, Beckett, Counsel at (713) 267–4741 Cove Point LNG Limited Partnership El Paso Natural Gas Company; (voice) and (713) 267–4755 (telecopier), (Cove Point) tendered for filing Application Columbia Gulf Transmission Company, Substitute Original Sheet No. 7 to 2603 Augusta, Suite 125, Houston, Second Revised Volume No. 1 of its August 18, 2000. Texas 77057–5637. FERC Gas Tariff. The proposed effective Take notice that on August 11, 2000, Any person desiring to be heard or to date of the enclosed tariff sheet is June El Paso Natural Gas Company (El Paso), make any protest with reference to said 14, 2000. a Delaware corporation, whose mailing Application should on or before Cove Point states that the purpose of address is Post Office Box 1492, El Paso, September 8, 2000, file with the Federal the instant filing is to replace the tariff Texas, 79978, filed an application at Energy Regulatory Commission, 888 sheet accepted by a letter order issued Docket No. CP00–437–000, pursuant to First Street, N.E., Washington, D.C. August 8, 2000 which was inadvertently Sections 7(b) of the Natural Gas Act 20426, a motion to intervene or a protest filed in the referenced docket without (NGA) and Sections 157.7, et seq., of the in accordance with the requirements of reflecting Cove Point’s fuel retainage Federal Energy Regulatory the Commission’s Rules of Practice and percentages accepted by the letter order Commission’s (Commission) Procedure (18 CFR 385.211 or 18 CFR issued March 24, 2000 in Docket No. Regulations under the NGA, for 385.214) and the Regulations under the RP00–210–000. In order to reflect the permission and approval to transfer to Natural Gas Act (18 CFR 157.10). All correct fuel retainage percentages, Cove El Paso Field Services Company (Field protests filed with the Commission will Point is submitting Substitute Original Services) certain existing compression be considered by it in determining the Sheet No. 7 to replace the current facilities, with appurtenant facilities, appropriate action to be taken but will effective Original Sheet No. 7. and the related service at the Waha not serve to make the protestants parties Cove Point respectfully requests that Compressor Station located in Reeves to the proceedings. Any person wishing the Commission grant a waiver of the County, Texas, all as more fully set forth to become a party to a proceeding or to notice requirements in Section 154.207 in the application which is on file with participate as a party in any hearing of its regulations, and any other waivers the Commission and open to public therein must file a motion to intervene that may be necessary, in order that the inspection. This filing may be viewed in accordance with the Commission’s tariff sheets be made effective as on the web at http://www.ferc.fed.us/ Rules. proposed herein. online/rims.htm (call 202–208–2222).

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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

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices 51599 unnecessary for El Paso to appear or be approval of Green Valley’s issuances of rims.htm (call 202–208–2222 for represented at the hearing. securities or assumptions of liability. assistance). Notice is hereby given that the David P. Boergers, David P. Boergers, deadline for filing motions to intervene Secretary. or protests, as set forth above, is Secretary. [FR Doc. 00–21603 Filed 8–23–00; 8:45 am] September 18, 2000. [FR Doc. 00–21597 Filed 8–23–00; 8:45 am] BILLING CODE 6717±01±M Copies of the full text of the Order are BILLING CODE 6717±01±M available from the Commission’s Public Reference Branch, 888 First Street, NE., DEPARTMENT OF ENERGY Washington, DC 20426. The Order may DEPARTMENT OF ENERGY Federal Energy Regulatory also be viewed on the Internet at http:/ Federal Energy Regulatory Commission /www.ferc.fed.us/online/rims.htm (call Commission 202–208–2222 for assistance). [Docket No. EL00±99±000] [Docket No. ER00±2924±000 and ER00± David P. Boergers, 2924±001] Secretary. Maine Public Utilities Commission, [FR Doc. 00–21662 Filed 8–23–00; 8:45 am] Complainant v. ISO New England, Inc. Green Valley Hydro, LLC; Notice of BILLING CODE 6717±01±M Respondent; Notice of Complaint Issuance of Order August 18, 2000. August 18, 2000. DEPARTMENT OF ENERGY Take notice that on August 17, 2000, Green Valley Hydro, LLC (Green the Maine Public Utilities Commission Valley) submitted for filing a rate Federal Energy Regulatory (MPUC), tendered for filing a complaint schedule under which Green Valley will Commission under sections 206 and 306 of the engage in wholesale electric power and Federal Power Act petitioning the energy transactions at market-based [Docket No. RP00±359±001] Commission for an order directing ISO rates. Green Valley also requested New England (ISO–NE) to recalculate waiver of various Commission Koch Gateway Pipeline Company; the clearing price of Energy for Trading regulations. In particular, Green Valley Compliance Filing Intervals 13–17 on May 8, 2000 to requested that the Commission grant August 18, 2000. exclude the bid price for energy blanket approval under 18 CFR Part 34 purchased from a supplier in New York Take notice that on August 11, 2000, of all future issuances of securities and State under an ICAP-Energy 2 bilateral Koch Gateway Pipeline Company assumptions of liability by Green contract. The complaint alleges that the (Koch) tendered for filing as part of its Valley. clearing price resulting from ISO–NE’s FERC Gas Tariff, Volume No. 1, the On August 17, 2000, pursuant to inclusion of the referenced external following tariff sheets, to become delegated authority, the Director, contract as a qualifying source resulted effective July 31, 2000. Division of Corporate Applications, in a market clearing price inconsistent Office of Markets, Tariffs and Rates, Fifth Revised Volume No. 1 with Market Rules 4 and 5 and granted requests for blanket approval Substitute Fourth Revised Sheet No. 4000 Operating Procedure 9 and, thus, in under Part 34, subject to the following: Substitute Second Revised Sheet No. 4001 violation of the field rate doctrine. Substitute Original Sheet No. 4002 Within thirty days of the date of the Alternatively, the complaint argues, the order, any person desiring to be heard Koch states that it filed the above $6000 clearing price is in violation of or to protest the blanket approval of reference tariff sheets in compliance the filed rate because the ISO did not issuances of securities or assumptions of with the Commission’s Order Accepting fulfill it obligation under Market Rule liability by Green Valley should file a Tariff Sheets, Subject to Conditions, 17 to monitor and mitigate where motion to intervene or protest with the issued on July 26, 2000, in Docket No. appropriate to ensure that the markets Federal Energy Regulatory Commission, RP00–359. The proposed tariff changes function properly. For this reason, the 888 First Street, NE., Washington, DC allow for an Internet auction process compliant requests that the clearing 20426, in accordance with Rules 211 created for its Interruptible Storage price be recalculated to substitute a and 214 of the Commission’s Rules of Service (ISS) and its Parking and default bid that the ISO should have Practice and Procedure (18 CFR 385.211 Lending Service (PAL). imposed, such as the $1100/MWh and 385.214). Any person desiring to protest this clearing price identified in its June 12, Absent a request for hearing within filing should file a protest with the 2000 emergency rule filing. this period, Green Valley is authorized Federal Energy Regulatory Commission, In addition, the MPUC complains that to issue securities and assume 888 First Street, NE., Washington, DC Market Rule 15 is no longer just and obligations or liabilities as a guarantor, 20426, in accordance with Section reasonable and proposes revisions to endorser, surety, or otherwise in respect 385.211 of the Commission’s Rules and Market Rule 15 to restore the ISO’s of any security of another person; Regulations. All such protests must be ability to identify and correct, within a provided that such issuance or filed as provided in Section 154.210 of limited time frame, prices that result assumption is for some lawful object the Commission’s Regulations. Protests from market design flaws. within the corporate purposes of the will be considered by the Commission Any person desiring to be heard or to applicant, and compatible with the in determining the appropriate action to protest such filing should file a motion public interest, and is reasonably be taken, but will not serve to make to intervene or protest with the Federal necessary or appropriate for such protestants parties to the proceedings. Energy Regulatory Commission, 888 purposes. Copies of this filing are on file with the First Street, N.E., Washington, D.C. The Commission reserves the right to Commission and are available for public 20426, in accordance with Rules 211 require a further showing that neither inspection in the Public Reference and 214 of the Commission’s Rules of public nor private interests will be Room. This filing may be viewed on the Practice and Procedure (18 CFR 385.211 adversely affected by continued web at http://www.ferc.fed.us/online/ and 385.214). All such motions and

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 51600 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices protests should be filed on or before rims.htm (call 202–208–2222 for rims.htm (call 202–208–2222 for September 7, 2000. Protests will be assistance). assistance). considered by the Commission to David P. Boergers, David P. Boergers, determine the appropriate action to be Secretary. Secretary. taken, but will not serve to make protestants parties to the proceedings. [FR Doc. 00–21599 Filed 8–23–00; 8:45 am] [FR Doc. 00–21596 Filed 8–23–00; 8:45 am] Any person wishing to become a party BILLING CODE 6717±01±M BILLING CODE 6717±01±M must file a motion to intervene. Copies of this filing are on file with the DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Commission and are available for public inspection. This filing may also be Federal Energy Regulatory Federal Energy Regulatory viewed on the Internet at http:// Commission Commission www.ferc.fed.us/online/rims.htm (call 202–208–2222 for assistance). Answers [Docket No. RP00±363±002] [Docket No. RP00±370±001] to the complaint shall also be due on or Natural Gas Pipeline Company of before September 7, 2000. Northern Natural Gas Company; Notice America; Notice of Compliance Filing of Compliance Fling Linwood A. Watson, Jr., August 18, 2000. August 18, 2000. Acting Secretary. Take notice that on August 11, 2000, Take notice that Northern Natural Gas [FR Doc. 00–21663 Filed 8–23–00; 8:45 am] Natural Gas Pipeline Company of Company (Northern), on August 11, BILLING CODE 6717±01±M America (Natural) tendered for filing to 2000, tendered for filing in its F.E.R.C. be part of its FERC Gas Tariff, Sixth Gas Tariff, Fifth Revised Volume No. 1, Revised Volume No. 1, certain tariff the following tariff sheet proposed to be DEPARTMENT OF ENERGY sheets to be effective August 1, 2000. effective June 30, 2000: Natural states that these tariff sheets Federal Energy Regulatory were filed in compliance with the Fifth Revised Volume No. 1 Commission Federal Energy Regulatory Substitute Third Revised Sheet No. 299A Commission’s (Commission) ‘‘Order The purpose of this filing is to comply [Docket No. RP99±190±002] Accepting and Suspending Tariff Sheets with the Commission’s Order issued on Subject to Conditions’’ issued July 27, July 28, 2000 in Docket RP00–370–000. National Fuel Gas Distribution 2000 in Docket No. RP00–363–000 Northern is filing the revised tariff sheet Corporation; Compliance Filing (Order) related to Natural’s to clarify that the highest rate a Shipper implementation of new Rate Schedule August 18, 2000. must match to continue its service FFTS (Flexible Firm Transportation agreement is the maximum tariff rate. Take notice that on July 31, 2000, Service). Northern further states that copies of National Fuel Gas Distribution Natural requests waiver of the the filing have been mailed to each of Corporation (Distribution) filed a report Commission’s Regulations to the extent its customers and interested State to comply with a Commission order necessary to permit the tariff sheets Commissions. issued March 30, 2000 in Docket No. submitted herein to become effective Any person desiring to protest this RP99–190–001. The filing reports on August 1, 2000, consistent with the filing should file a protest with the Distribution’s efforts to develop new Order. Federal Energy Regulatory Commission, facilities and services that do not Natural states that copies of the filing 888 First Street, N.E., Washington, D.C. require waiver of the Commission’s have been mailed to all parties set out 20426, in accordance with Section shipper must have title policy. on the Commission’s official service list 385.211 of the Commission’s Rules and in Docket No. RP00–363. Any person desiring to protest this Regulations. All such protests must be Any person desiring to protest this filed as provided in Section 154.210 of filing should file a protest with the filing should file a protest with the Federal Energy Regulatory Commission, the Commission’s Regulations. Protests Federal Energy Regulatory Commission, will be considered by the Commission 888 First Street, NE, Washington, DC 888 First Street, N.E., Washington, D.C. in determining the appropriate action to 20426, in accordance with Section 20426, in accordance with Section be taken, but will not serve to make 385.211 of the Commission’s Rules and 385.211 of the Commission’s Rules and protestants parties to the proceedings. Regulations. All such protests must be Regulations. All such protests must be Copies of this filing are on file with the filed as provided in Section 154.210 of filed as provide din Section 154.210 of Commission and are available for public the Commission’s Regulations. Protests the Commission’s Regulations. Protests inspection in the Public Reference will be considered by the Commission will be considered by the Commission Room. This filing may be viewed on the in determining the appropriate action to in determining the appropriate action to web at http://www.ferc.fed.us/online/ be taken, but will not serve to make be taken, but will not serve to make rims.htm (call 202–208–2222 for protestants parties to the proceedings. protestants parties to the proceedings. assistance). Copies of this filing are on file with the Copies of this filing are on file with the Commission and are available for public Commission and are available for public David P. Boergers, inspection in the Public Reference inspection in the Public Reference Secretary. Room. This filing may be viewed on the Room. This filing may be viewed on the [FR Doc. 00–21595 Filed 8–23–00; 8:45 am] web at http://www.ferc.fed.us/online/ web at http://www.ferc.fed.us/online/ BILLING CODE 6717±01±M

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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,

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 51602 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices granted requests for blanket approval Act (NGA) for permission and approval be held without further notice before the under Part 34, subject to the following: for Caprock to abandon certain pipeline Commission or its designee on this Within thirty days of the date of the facilities located in Texas and application if no motion to intervene is order, any person desiring to be heard Oklahoma and for OkTex to acquire and filed within the time required herein, if or to protest the blanket approval of operate the same facilities, all as more the Commission on its own review of issuances of securities or assumptions of fully set forth in the application on file the matter finds that a grant of the liability by NYSD should file a motion with the Commission and open to certificate is required by the public to intervene or protest with the Federal public inspection. This filing may be convenience and necessity. If a motion Energy Regulatory Commission, 888 viewed on the web at http:// for leave to intervene is timely filed, or First Street, NE., Washington, DC 20426, www.ferc.fed.us/online/htm (call 202– if the Commission on its own motion in accordance with Rules 211 and 214 208–2222 for assistance). believes that a formal hearing is of the Commission’s Rules of Practice Caprock proposes to abandon the required, further notice of such hearing and Procedure (18 CFR 385.211 and Beckham-Wheeler pipeline facilities by will be duly given. 385.214). merger with OkTex. It is stated that the Under the procedure herein provided Absent a request for hearing within facilities consist of 1.88 miles of 20-inch for, unless otherwise advised, it will be this period, NYSD is authorized to issue pipeline and related facilities located in unnecessary for Caprock or OkTex to securities and assume obligations or Beckham County, Oklahoma, and appear or be represented at the hearing. liabilities as a guarantor, endorser, Wheeler County, Texas. It is explained Linwood A. Watson, Jr., surety, or otherwise in respect of any that following the merger Caprock will security of another person; provided cease to exist as a natural gas company, Acting Secretary. that such issuance or assumption is for and that OkTex will be the surviving [FR Doc. 00–21666 Filed 8–23–00; 8:45 am] some lawful object within the corporate entity. It is asserted that following BILLING CODE 6717±01±M purposes of the applicant, and transfer of the facilities to OkTex, compatible with the public interest, and Caprock will no longer have any is reasonably necessary or appropriate interstate facilities subject to regulation DEPARTMENT OF ENERGY for such purposes. by the Commission, and that Caprock will cancel all tariffs. It is further Federal Energy Regulatory The Commission reserves the right to Commission require a further showing that neither asserted that OkTex will operate the public nor private interests will be facilities as part of its interstate system [Docket No. CP00±440±000] adversely affected by continued and will assume all service obligations approval of NYSD’s issuances of and operational and economic Pacific Interstate Offshore Company; securities or assumptions of liability. responsibilities for the subject facilities. Application Notice is hereby given that the Caprock and OkTex state that the proposal will allow optimization of August 18, 2000. deadline for filing motions to intervene Take notice that on August 15, 2000, or protests, as set forth above, is system operations and will improve service to customers. Pacific Interstate Offshore Company September 18, 2000. (PIOC), 1021 Main, Suite 2100, Houston, Copies of the full text of the Order are Any questions regarding the application should be directed to C. Texas 77002, filed in Docket No. CP00– available from the Commission’s Public 440–000 an application pursuant to Reference Branch, 888 First Street, NE., Burnett Dunn, Attorney, at (918) 595– 4816 or Kathleen Mazure at (202) 467– Section 7(b) of the Natural Gas Act for Washington, DC 20426. The Order may permission and approval to abandon all also be viewed on the Internet at http:/ 6370, Ext. 1022. Any person desiring to be heard or to of its facilities and the services provided /www.ferc.fed.us/online/rims.htm (call make any protest with reference to said through those facilities, all as more fully 202–208–2222 for assistance). application should on or before set forth in the application on file with David P. Boergers, September 11, 2000, file with the the Commission and open to public Secretary. Federal Energy Regulatory Commission, inspection. This filing may be viewed [FR Doc. 00–21661 Filed 8–23–00; 8:45 am] 888 First Street, NE., Washington, DC on the web at http://www.ferc.fed.us/ BILLING CODE 6717±01±M 20426, a motion to intervene or a protest online/htm (call 202–208–2222 for in accordance with the requirements of assistance). the Commission’s Rules of Practice and PIOC states that it currently operates DEPARTMENT OF ENERGY Procedure (18 CFR 385.214 or 385.211) facilities consisting of 8.4 miles of 12- and the Regulations under the NGA (18 inch pipeline, extending from the Federal Energy Regulatory CFR 157.10). All protests filed with the Platform Habitat in the Pitas Point Field, Commission Commission will be considered by it in in the Federal waters, offshore California, to a point onshore near [Docket No. CP00±436±000] determining the appropriate action to be taken but will not serve to make the Carpinteria, California, along with a OneOk Caprock Pipeline Company, protestants parties to the proceedings. meter, regulator station, and OkTex Pipeline Company; Notice of Any person wishing to become a party appurtenant facilities. It is indicated Application to a proceeding or to participate as a that PIOC offers transportation services party in any hearing therein must file a for shippers under its Part 284 blanket August 21, 2000. motion to intervene in accordance with certificate. PIOC indicates that as of Take notice that on August 11, 2000, the Commission’s Rules. September 1, 1999, Nuevo Energy OneOk Caprock Pipeline Company Take further notice that, pursuant to Company (Nuevo) acquired all of the (Caprock), and OkTex Pipeline the authority contained in and subject to issued and outstanding stock of PIOC Company (OkTex), both at 100 West the jurisdiction conferred upon the from Sempra Energy, and that currently Fifth Street, Tulsa, Oklahoma 74103, Federal Energy Regulatory Commission Nuevo, which owns all of the gas tendered for filing in Docket No. CP00– by Sections 7 and 15 of the Natural Gas produced at the platform and holds all 436–000 an application pursuant to Act and the Commission’s Rules of of the surrounding leases, is PIOC’s only section 7(b) and (c) of the Natural Gas Practice and Procedure, a hearing will shipper.

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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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Any of the above-named All documents (original and eight Preliminary Permit—Any qualified documents must be filed by providing copies) should be filed with: David P. development applicant desiring to file a the original and the number of copies Boergers, Secretary, Federal Energy competing development application provided by the Commission’s Regulatory Commission, 888 First must submit to the Commission, on or regulations to: The Secretary, Federal Street, NE, Washington, D.C. 20426. before a specified comment date for the Energy Regulatory Commission, 888 The Commission’s Rules of Practice particular application, either a First Street, NE, Washington, DC 20426. and Procedure require all interveners competing development application or a A copy of any motion to intervene must filing documents with the Commission notice of intent to file such an also be served upon each representative to serve a copy of that document on application. Submission of a timely of the Applicant specified in the each person in the official service list notice of intent to file a development particular application. for the project. Further, if an intervener application allows an interested person Agency Comments—Federal, state, files comments or documents with the to file the competing application no and local agencies are invited to file Commission relating to the merits of an later than 120 days after the specified comments on the described application. issue that may affect the responsibilities comment date for the particular A copy of the application may be of a particular resource agency, they application. A competing license obtained by agencies directly from the must also serve a copy of the document application must conform with 18 CFR Applicant. If an agency does not file on that resource agency. 4.30(b) and 4.36. comments within the time specified for k. Description of Project: The Notice of intent—A notice of intent filing comments, it will be presumed to proposed project would consist of: (1) a must specify the exact name, business have no comments. One copy of an 600-foot-long, 70-foot-high concrete address, and telephone number of the agency’s comments must also be sent to gravity dam; (2) an impoundment with prospective applicant, and must include the Applicant’s representatives. a surface area of 400 acres and storage an unequivocal statement of intent to capacity of 13,000 acre-feet, with submit, if such an application may be David P. Boergers, normal water surface elevation of 254 filed, either a preliminary permit Secretary. feet msl; (3) an intake structure; (4) a application or a development [FR Doc. 00–21600 Filed 8–23–00; 8:45 am] 2.4-mile-long, 60-inch wood stave pipe; application (specify which type of BILLING CODE 6717±01±M (5) a 0.3-mile-long concrete lined application). A notice of intent must be tunnel; (6) a 0.3-mile-long, 48-inch served on the applicant(s) named in this wood stave Pipe; (7) a 0.1-mile-long, 48- public notice. DEPARTMENT OF ENERGY inch-diameter steel pipe; (8) a surge Proposed Scope of Studies under tank; (9) a 2,300-foot-long, 48-inch- Permit—A preliminary permit, if issued, Federal Energy Regulatory diameter steel penstock; (10) a does not authorize construction. The Commission powerhouse containing one generating term of the proposed preliminary permit unit with an installed capacity of 1.7 would be 36 months. The work Notice of Application Accepted for MW; (11) a tailrace; (12) a 200-foot-long, proposed under the preliminary permit Filing and Soliciting Motions to 115 kV transmission line; and (13) would include economic analysis, Intervene, Protests, and Comments appurtenant facilities. preparation of preliminary engineering The project would have an annual August 17, 2000. plans, and a study of environmental generation of 10,800 NWh that would be impacts. Based on the results of these Take notice that the following sold to a local utility. studies, the Applicant would decide hydroelectric application has been filed l. A copy of the application is whether to proceed with the preparation with the Commission and is available available for inspection and of a development application to for public inspection: reproduction at the Commission’s construct and operate the project. a. Type of Application: Preliminary Public Reference Room, located at 888 Comments, Protests, or Motions to Permit. First Street, NE, Room 2A, Washington, Intervene—Anyone may submit b. Project No.: 11846–000. D.C. 20426, or by calling (202) 208– comments, a protest, or a motion to c. Date filed: July 17, 2000. 1371. The application may be viewed on intervene in accordance with the d. Applicant: Ketchikan Electric http://www.ferc.fed.us/online/rims.htm requirements of Rules of Practice and Company. (call (202) 208–2222 for assistance). A Procedure, 18 CFR 385.210, .211, .214. e. Name of Project: Connell Lake copy is also available for inspection and In determining the appropriate action to Project. reproduction at the address in item h take, the Commission will consider all f. Location: On Connell Lake and above. protests or other comments filed, but Ward Creek, in Ketchikan Gateway Preliminary Permit—Anyone desiring only those who file a motion to Borough, Alaska. The project would to file a competing application for intervene in accordance with the utilize federal lands within Tongass preliminary permit for a proposed Commission’s Rules may become a National Forest. project must submit the competing party to the proceeding. Any comments, g. Filed Pursuant to: Federal Power application itself, or a notice of intent to protests, or motions to intervene must Act, 16 USC 791(a)–825(r). file such an application, to the be received on or before the specified h. Applicant Contact: Robert S. Commission on or before the specified comment date for the particular Grimm, President, Ketchikan Electric comment date for the particular application. Company, P.O. Box 3222, Port application (see 18 CFR 4.36). Filing and Service of Responsive Townsend, WA 98368, (360) 385–1733, Submission of a timely notice of intent Documents—Any filings must bear in Ext 120. allows an interested person to file the all capital letters the title i. FERC Contact: Robert Bell, (202) competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT 219–2806. application no later than 30 days after TO FILE COMPETING APPLICATION’’, j. Deadline for filing motions to the specified comment date for the ‘‘COMPETING APPLICATION’’, intervene, protests and comments: 60 particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO days from the issuance date of this preliminary permit application must INTEVENE’’, as applicable, and the notice. conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular

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An additional opportunity for the sharing of Interstate Natural Gas Facility Planning copy must be sent to Director, Division experiences and knowledge in of Hydropower Administration and Seminar, Federal Energy Regulatory interactive ‘‘brainstorming’’ sessions, so Compliance, Federal Energy Regulatory Commission, Albany Meeting bring your ideas with you and prepare Commission, at the above-mentioned September 26, 2000—10:00 am to 4:00 pm to share them. address. A copy of any notice of intent, 10:00—Introductions competing application or motion to The objectives of the meeting are: Welcome: Mark Robinson, Director, intervene must also be served upon each • To explore ways of resolving issues Division of Environmental & Engineering representative of the Applicant during the applicant’s pre-filing route Review, Office of Energy Projects, FERC specified in the particular application. planning, when the parties directly Rich Hoffmann, Office of Energy Projects, FERC Maureen Helmer, Agency Comments—Federal, state, involved with and affected by natural and local agencies are invited to file Chairman, New York PSC gas facility siting and/or permitting can comments on the described application. 10:15—The Pipeline Planning/Approval A copy of the application may be work together. Process obtained by agencies directly from the • To explore the best avenues for Where FERC fits in fostering settlements through creative Who’s involved and when Applicant. If an agency does not file 10:45—Perspectives on Pipeline Planning comments within the time specified for issue resolution. Panel #1—Initial Project Announcement filing comments, it will be presumed to • To reduce the Commission’s Industry Representative have no comments. One copy of an application processing time by Citizen Representative agency’s comments must also be sent to encouraging the submission of filings Agency Representative the Applicant’s representatives. 11:15—Break with no or few contested issues. 11:25—Perspectives on Pipeline Planning David P. Boergers, The result will be the development of Panel #2—General Route Planning Secretary. a toolbox of the best options to take to Agency Representative [FR Doc. 00–21664 Filed 8–23–00; 8:45 am] achieve faster approval by the Industry Representative BILLING CODE 6717±01±M Commission for projects required by the Citizen Representative 11:55—Morning Summary and Lunchtime public convenience and necessity, fewer Homework Assignment conditions, and a more direct path to DEPARTMENT OF ENERGY 12:00—Lunch commencement of construction. 1:30—Perspectives on Pipeline Planning Federal Energy Regulatory The meeting in Albany, New York Panel #3—Detailed Route Planning Commission will be held at the Albany Marriott Citizen Representative Agency Representative located at 189 Wolf Road, (518) 458– Industry Representative Notice of Interstate Natural Gas 8444. The meeting is scheduled to start Facility-Planning Seminar 2:00—Brainstorming Session at 10:00 AM and finish at 4:00 PM. A Pre-filing BMPs from and Industry August 18, 2000. preliminary agenda and directions to Perspective the hotel are enclosed. See attachment • First announcement of the project The Office of Energy Projects is • initiating a series of public meetings 2 regarding the selection of locations of How best to work with the communities Pre-filing BMPs from an Agency around the country for the purposes of future meetings. Perspective exploring and enhancing strategies for If you plan to attend or have • How best to work with applicants constructive public participation in the suggestions for the agenda, please • How to get agency requests on the table earliest stages of natural gas facility respond by September 8, 2000 via and implemented planning. The first meeting will be held • How to coordinate with multiple facsimile to Pennie Louis-Partee at 202/ in Albany, New York on Tuesday, agencies/jurisdictions 219–2722, or you can email our team at: September 26, 2000. We are inviting • How to work with agencies early in the interstate natural gas companies; [email protected]. Please include process Federal, state and local agencies; in the response the names, addresses, Pre-filing BMPs from a Citizen Perspective • How best to engage landowners landowners and other non- and the telephone numbers of all attendees from your organization. • How to get information on the need for governmental organizations with an a project interest in developing a new way of To help us enhance our panel • How to describe workspace/right-of-way doing business to join us in this effort. discussions, please consider issues and/ requirements We will discuss the facility planning or questions you would like to have 3:30—Closing summary process, not the merits of any pending addressed at the meetings. If you have Directions to the Albany Marriott: 158 Wolf or planned pipelines projects. any questions, you may contact any of Rd, Albany, NY 12205; (518) 458–8444. Taxis and rental cars are available at the Presentations will be made by the the staff listed below: staff of the Commission’s Office of Albany International Airport, or call the Energy Projects, various Federal and Richard Hoffmann 202/208–0066 Marriott from the courtesy phone located near the baggage claim for complimentary state agencies, representatives from Lauren O’Donnell 202/208–0325 shuttle service. natural gas companies, and private Jeff Shenot 202/219–2178 By car: From I–90 take I–87 North for three landowners who have had relevant miles to exit 4 (Wolf Rd.—Albany Airport). experiences. Join us as we explore how At foot of exit, turn right at light onto Wolf the natural gas industry has responded Rd. and proceed to Marriott 1/2 mile on left.

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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

VerDate 112000 17:43 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices 51609 holidays. The PIRIB telephone number notice. If you have any questions about represents the view of the petitioner. is (703) 305–5805. CBI or the procedures for claiming CBI, The petition summary announces the please consult the person identified availability of a description of the C. How and to Whom Do I Submit under FOR FURTHER INFORMATION analytical methods available to EPA for Comments? CONTACT. the detection and measurement of the You may submit comments through pesticide chemical residues or an E. What Should I Consider as I Prepare the mail, in person, or electronically. To explanation of why no such method is My Comments for EPA? ensure proper receipt by EPA, it is needed. imperative that you identify docket You may find the following control number PF–958 in the subject suggestions helpful for preparing your American Cyanamid Company line on the first page of your response. comments: 9F5092 1. By mail. Submit your comments to: 1. Explain your views as clearly as Public Information and Records possible. EPA has received a pesticide petition Integrity Branch (PIRIB), Information 2. Describe any assumptions that you 9F5092 from American Cyanamid Resources and Services Division used. Company, P.O. Box 400, Princeton, NJ (7502C), Office of Pesticide Programs 3. Provide copies of any technical 08543-0400 proposing, pursuant to (OPP), Environmental Protection information and/or data you used that section 408(d) of the Federal Food, Agency, 1200 Pennsylvania Ave., NW., support your views. Drug, and Cosmetic Act (FFDCA), 21 Washington, DC 20460. 4. If you estimate potential burden or U.S.C. 346a(d), to amend 40 CFR part 2. In person or by courier. Deliver costs, explain how you arrived at the 180 by establishing tolerances for your comments to: Public Information estimate that you provide. residues of the herbicide ( ±)-2-4,5- and Records Integrity Branch (PIRIB), 5. Provide specific examples to dihydro-4-methyl-4-(1-methylethyl)-5- Information Resources and Services illustrate your concerns. oxo-1-H-imidazol-2-yl-5-methyl-3- Division (7502C), Office of Pesticide 6. Make sure to submit your pyridinecarboxylic acid (also known as Programs (OPP), Environmental comments by the deadline in this imazapic), applied as either the free acid Protection Agency, Rm. 119, Crystal notice. or the ammonium salt, and its Mall #2, 1921 Jefferson Davis Highway, 7. To ensure proper receipt by EPA, metabolite ( ±)-2-[4,5-dihydro-4-methyl- Arlington, VA. The PIRIB is open from be sure to identify the docket control 4-(1-methylethyl)-5-oxo-1-H-imidazol-2- 8:30 a.m. to 4 p.m., Monday through number assigned to this action in the yl]-5-hydroxymethyl-3- Friday, excluding legal holidays. The subject line on the first page of your pyridinecarboxylic acid, both free and PIRIB telephone number is (703) 305– response. You may also provide the conjugated, in or on the raw agricultural 5805. name, date, and Federal Register commodities grass forage at 35 parts per 3. Electronically. You may submit citation. million (ppm), and grass hay at 15 ppm. Tolerances are also proposed for ( ±)-2- your comments electronically by e-mail II. What Action is the Agency Taking? to: ‘‘[email protected],’’ or you can 4,5-dihydro-4-methyl-4-(1-methylethyl)- submit a computer disk as described EPA has received a pesticide petition 5-oxo-1-H-imidazol-2-yl-5-methyl-3- above. Do not submit any information as follows proposing the establishment pyridinecarboxylic acid and its free electronically that you consider to be and/or amendment of regulations for hydroxymethyl metabolite alone in CBI. Avoid the use of special characters residues of a certain pesticide chemical milk, meat of cattle, sheep, goats, and and any form of encryption. Electronic in or on various food commodities horses, fat of cattle, sheep, goats, and submissions will be accepted in under section 408 of the Federal Food, horses, meat by-products (except Wordperfect 6.1/8.0 or ASCII file Drug, and Cosmetic Act (FFDCA), 21 kidney) of cattle, sheep, goats, and format. All comments in electronic form U.S.C. 346a. EPA has determined that horses at 0.1 ppm and kidney of cattle, must be identified by docket control this petition contain data or information sheep, goats, and horses at 2.0 ppm. number PF–958. Electronic comments regarding the elements set forth in EPA has determined that the petition may also be filed online at many Federal section 408(d)(2); however, EPA has not contains data or information regarding Depository Libraries. fully evaluated the sufficiency of the the elements set forth in section submitted data at this time or whether 408(d)(2) of the FFDCA; however, EPA D. How Should I Handle CBI That I the data support granting of the petition. has not fully evaluated the sufficiency Want to Submit to the Agency? Additional data may be needed before of the submitted data at this time or Do not submit any information EPA rules on the petition. whether the data support granting of the electronically that you consider to be List of Subjects petition. Additional data may be needed CBI. You may claim information that before EPA rules on the petition. you submit to EPA in response to this Environmental protection, document as CBI by marking any part or Agricultural commodities, Feed A. Residue Chemistry all of that information as CBI. additives, Food additives, Pesticides 1. Plant metabolism. The qualitative Information so marked will not be and pests, Reporting and recordkeeping nature of the residues of imazapic in disclosed except in accordance with requirements. grass is adequately understood. Based procedures set forth in 40 CFR part 2. Dated August 11, 2000. on results of a grass metabolism study In addition to one complete version of Peter Caulkins, conducted with a representative of this the comment that includes any Acting Director, Registration Division, Office crop group, Bermuda grass, residues of information claimed as CBI, a copy of of Pesticide Programs. concern for tolerance setting purposes the comment that does not contain the in grass are parent imazapic and its information claimed as CBI must be Summary of Petition hydroxymethyl metabolite, both free submitted for inclusion in the public The petitioner summary of the and glucose conjugated. version of the official record. pesticide petition is printed below as 2. Analytical method. Practical Information not marked confidential required by section 408(d)(3) of the analytical methods for detecting and will be included in the public version FFDCA. The summary of the petition measuring the residues of concern in of the official record without prior was prepared by the petitioner and grass and animal commodities are

VerDate 112000 17:43 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 51610 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices submitted to EPA with this petition. The imazapic does not pose a mutagenic or calculated from food consumption data), analytical methods for grass genotoxic risk. the highest concentration tested. The commodities, milk, meat, and meat by- 3. Reproductive and developmental requirement for a subchronic dietary products are based on capillary toxicity. The developmental toxicity toxicity study in non-rodents is satisfied electrophoresis with limits of study in Sprague Dawley rats conducted by the one-year dietary toxicity study in quantitation (LOQ) of 0.5 ppm for grass with imazapic technical showed no dogs. commodities, 0.01 ppm for milk, and evidence of teratogenic effects in fetuses 5. Chronic toxicity. A one-year dietary 0.05 ppm for meat and meat by- and no evidence of developmental toxicity study was conducted with products. Measurement of imazapic toxicity. Thus, imazapic is neither a imazapic technical in Beagle dogs at residues in milk fat and tissue fat is developmental toxicant nor a teratogen dietary concentrations of 0, 5,000, accomplished by high performance in the rat. In the rat developmental 20,000, and 40,000 ppm. In this study, liquid chromatography/positive ion toxicity study with imazapic technical, the NOAEL for systemic toxicity was electro spray ionization tandem mass the no observed adverse effect level less than 5,000 ppm or approximately spectrometry (LC/MS). The validated (NOAEL) for maternal toxicity and 158 mg/kg bwt/day (137 mg/kg bwt/day LOQ of the method is 0.01 ppm for milk developmental toxicity was 1,000 mg/kg for males and 180 mg/kg bwt/day for fat and 0.05 ppm for tissue fat. These bwt/day, the highest dose tested. females), calculated from food independently validated methods are Results from a developmental toxicity consumption data, based on a slight appropriate for the enforcement study in New Zealand White rabbits skeletal myopathy, characterized by purposes of this petition. with imazapic technical also indicated degeneration/necrosis of single fibers 3. Magnitude of residues. A total of 13 no evidence of teratogenicity or (minimal severity) and lymphocyte/ field trials was conducted with developmental toxicity. Thus, imazapic macrophage infiltration in skeletal representative grasses for this crop technical is neither a developmental muscle, in males and females, and group at the proposed use rate for toxicant nor a teratogen in the rabbit. In slightly decreased serum creatinine in imazapic on grass. The residue values the rabbit developmental toxicity study, females at 5,000 ppm (lowest based on the proposed label use pattern the NOAEL for maternal toxicity was concentration tested). and reported from these field trials were 350 mg/kg bwt/day, based on decreased The skeletal myopathy observed at all less than the proposed tolerances of food consumption and body weight gain 5,000 ppm was considered of minimal 35 ppm for grass forage and 15 ppm for at 500 mg/kg bwt/day, the next highest toxicological significance because the grass hay. No processing study is dose tested. The NOAEL for limited presence and the minimal included with this petition as grasses developmental toxicity was determined severity of skeletal myopathy was from pasture and rangeland have no by EPA to be 500 mg/kg bwt/day; the evident in only a few fibers out of processed commodities according to the excessive mortality in dams at 700 mg/ hundreds evaluated per section per EPA residue chemistry test guidelines. kg bwt/day (the highest dose tested) resulted in too few fetuses that were animal. Further, these focal myopathies B. Toxicological Profile available for evaluation. of minimal severity were not 1. Acute toxicity. Imazapic technical The results from the two-generation consistently diagnosed in all skeletal is considered to be nontoxic (toxicity reproduction toxicity study in rats with muscles sites examined per dog (i.e., category IV) to the rat by the oral route imazapic technical support a NOAEL for vastus and abdominal muscles, of exposure. In an acute oral toxicity parental toxicity of 20,000 ppm (or diaphragm and esophagus). Moreover, study in rats, the LD50 value of imazapic approximately 1,344 mg/kg bwt/day, no clinical observations indicative of technical was greater than 5,000 calculated from food consumption data), muscle dysfunction were noted in any milligrams/kilograms body weight (mg/ the highest concentration tested. The animal in the study. Finally, although kg bwt) for males and females. The NOAEL for growth and development of the skeletal myopathy noted at 40,000 results from an acute dermal toxicity the offspring is also 20,000 ppm, or ppm (highest concentration tested) was study in rabbits indicate that imazapic 1,344 mg/kg bwt/day. Results from the associated with increases in creatine is slightly toxic (toxicity category III) to reproduction study and the kinase, aspartate aminotransferase and rabbits by the dermal route of exposure. developmental toxicity studies lactate dehydrogenase, no statistically or The dermal LD50 value of imazapic conducted with imazapic technical biologically significant increases in technical was greater than 2,000 mg/kg show no increased sensitivity to these serum enzymes were noted during bwt for both male and female rabbits. developing offspring as compared to the study period for animals in the Imazapic technical is considered to be parental animals, because the NOAELs 5,000 ppm group. As such, the minimal nontoxic (toxicity category IV) to the rat for growth and development of offspring myopathy diagnosed microscopically at by the respiratory route of exposure. were equal to or greater than the 5,000 ppm was not considered to impair The 4-hour LC50 value was greater than NOAELs for parental toxicity. or adversely affect the functional 5.52 mg/L (analytical) for both males 4. Subchronic toxicity. A short-term capacity of the affected skeletal muscles. and females. Imazapic technical was (21-day) dermal toxicity study in rabbits In a 2-year chronic dietary shown to be non-irritating to rabbit skin was conducted with imazapic technical. oncogenicity and toxicity study in rats (toxicity category IV) and minimally No dermal irritation or abnormal conducted with imazapic technical, the irritating to the rabbit eye (toxicity clinical signs were observed at dose NOAEL for oncogenicity and chronic category III). Based on the results of a levels up to and including 1,000 mg/kg systemic toxicity was 20,000 ppm dermal sensitization study, imazapic bwt/day (highest dose tested), (approximately 1,133 mg/kg bwt/day, technical is not considered a sensitizer supporting a NOAEL for dermal calculated from food consumption data), in guinea pigs. irritation and systemic toxicity of 1,000 the highest concentration tested. An 18- 2. Genotoxicty. Imazapic technical mg/kg bwt/day. In a subchronic (13- month chronic dietary oncogenicity and was tested in a battery of four in vitro week) dietary toxicity study in rats with toxicity study in mice with imazapic and one in vivo genotoxicity assays imazapic technical, no signs of systemic technical supports a NOAEL for measuring several different endpoints of toxicity were noted, supporting a oncogenicity and for chronic systemic potential genotoxicity. Collective results NOAEL of 20,000 ppm (or toxicity of 7,000 ppm (or approximately from these studies indicate that approximately 1,625 mg/kg bwt/day, 1,288 mg/kg bwt/day, calculated from

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices 51611 food consumption data), the highest C. Aggregate Exposure ground water are approximately 0.1% concentration tested. 1. Dietary exposure. The potential and 0.01%, respectively, of the DWLOC. The EPA has classified imazapic as a dietary exposure to imazapic has been Therefore, the exposures to drinking group E carcinogen (evidence of non- calculated from the proposed tolerances water from imazapic use are negligible. 2. Non-dietary exposure. Imazapic carcinogenicity for humans) based on for use on grasses and from the products are not currently registered or the absence of treatment-related tumors previously established tolerance for requested to be registered for residential in acceptable carcinogenicity studies in peanuts. These very conservative or urban use; therefore, the estimate of both rats and mice. chronic dietary exposure estimates used residential exposure is not relevant to the tolerance value for peanuts and the 6. Animal metabolism. The rat and this tolerance petition. goat metabolism studies indicate that proposed tolerance values for meat and the qualitative nature of the residues of milk. In addition, these estimates D. Cumulative Effects imazapic in animals is adequately assume that 100% of the peanut crop Imazapic is a member of the understood. In the rat metabolism study and all meat and milk contain imazapic imidazolinone class of herbicides. Other conducted with radio labeled AC residues. compounds of this class are registered i. Food. Using the assumptions 263222 (imazapic technical) no for use in the U.S. However, the discussed above, the theoretical detectable radioactivity was excreted via herbicidal activity of the imidazolinones maximum residue concentration expired air. In both the rat and goat is due to the inhibition of acetohydroxy (TMRC) values of imazapic were metabolism studies, urinary excretion acid synthase (AHAS), an enzyme only calculated for the U.S. general was the primary elimination route with found in plants. AHAS is part of the population and subgroups. Based on the 95% and 81.7% of the radioactivity, biosynthetic pathway leading to the peanut tolerance and the proposed respectively, excreted in the urine. The formation of branched chain amino tolerances for meat and milk, the TMRC major component in the urine from both acids. Animals lack AHAS and this values for each group are 0.000778 mg/ studies was the unchanged parent biosynthetic pathway. This lack of kg bwt/day for the general U.S. compound. AHAS contributes to the low toxicity of population; 0.001257 mg/kg bwt/day for the imidazolinone compounds in There was no significant all infants; 0.001524 mg/kg bwt/day for animals. We are aware of no information bioaccumulation of radioactivity in the non-nursing infants; 0.002878 mg/kg to indicate or suggest that imazapic has tissues from the rat metabolism study. bwt/day for children 1 to 6 years of age, any toxic effects on mammals that In the goat metabolism study, blood and and 0.001430 mg/kg bwt/day for would be cumulative with those of any tissue samples taken following sacrifice children 7 to 12 years of age. Potential other chemical. Therefore, for the at approximately 23 hours after the last exposure to residues of imazapic in food purposes of this tolerance petition no dose contained less than 0.01% of the will be restricted to intake of peanuts, assumption has been made with regard administered radioactivity, and the peanut butter, peanut oil, meat, meat to cumulative exposure with other entire milk sample contained less than byproducts, and milk. compounds having a common mode of 0.03% of the administered radioactivity. ii. Drinking water. As a screening- action. As with the residues in other samples level assessment for aggregate exposure, from the rat and goat metabolism the U.S. EPA evaluates a drinking water E. Safety Determination studies, the major residue in the goat level of comparison (DWLOC), which is 1. U.S. population. The RfD tissue and milk samples was parent the maximum concentration of a represents the level at or below which compound. A hen metabolism study is chemical in drinking water that would daily aggregate exposure over a lifetime not required, because grasses from be acceptable in light of total aggregate will not pose appreciable risks to pasture or rangelands are not used as exposure to that chemical. Based on the human health. Results from the 1–year significant feedstuff for poultry chronic reference dose (RfD) of 0.5 mg/ chronic dietary toxicity study in dogs according to the EPA residue chemistry kg bwt/day and the EPA’s default factors supports the lowest observed effect level test guidelines. for body weight and drinking water (LOAEL) of 5,000 ppm, equivalent to approximately 137 mg/kg bwt/day for 7. Metabolite toxicology. Metabolism consumption, the DWLOCs have been males. The EPA applied an uncertainty studies in grass and peanuts indicate calculated to assess the potential dietary exposure from residues of imazapic in or safety factor of 300 to the LOAEL that the only significant metabolite is water. For the adult population, the based on a safety factor of 100 to the hydroxymethyl metabolite of chronic DWLOC was 17,473 and for account for interspecies extrapolation imazapic, both free and glucose children the DWLOC was estimated to and intraspecies variability, and an conjugated. The hydroxymethyl be 4,971 parts per billion (ppb). additional factor of 3 to account for the metabolite has also been identified in Chronic drinking water exposure lack of a NOAEL in the chronic dog minor quantities in the rat metabolism analyses were calculated using EPA study. Applying a safety factor of 300 to study and in a previously submitted models for Screening Concentration in this LOAEL of 137 mg/kg bwt/day goat metabolism study. No additional Groundwater (SCI-GROW) for ground results in the RfD of 0.50 mg/kg bwt/ toxicologically significant metabolites water and Generic Expected day. The chronic dietary exposure of were detected in any of the plant or Environmental Concentration (GENEEC) 0.00078 mg/kg bwt/day for the general animal metabolism studies. for surface water. The calculated peak U.S. population will utilize only 0.2% 8. Endocrine disruption. Collective GENEEC value is 5.58 ppb and the SCI- of the RfD of 0.5 mg/kg bwt/day. EPA organ weight data and histopathological GROW value is 0.56 ppb. For the U.S. generally has no concern for exposures findings from the two-generation rat adult population, the estimated below 100% of the RfD. Due to the low reproductive study, as well as from the exposures of imazapic residues in toxicity of imazapic, an acute exposure subchronic and chronic toxicity studies surface water and ground water are dietary risk assessment is not warranted. in three different animal species, approximately 0.03% and 0.003%, The complete and reliable toxicity data demonstrate no apparent estrogenic respectively, of the DWLOC. The base, the low toxicity of the molecule, effects or treatment-related effects of estimated exposures of children to and the conservative chronic dietary imazapic on the endocrine system. imazapic residues in surface water and exposure assumptions support the

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 51612 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices conclusion that there is a ‘‘reasonable PF–964 in the subject line on the first action under docket control number PF– certainty of no harm’’ from the proposed page of your response. 964. The official record consists of the use of imazapic on grasses and the FOR FURTHER INFORMATION CONTACT: By documents specifically referenced in currently registered crop, peanuts. mail: Daniel C. Kenny, Fungicides this action, any public comments 2. Infants and children. The Branch, Registration Division (7505C), received during an applicable comment conservative dietary exposure estimates Office of Pesticide Programs, period, and other information related to previously presented will utilize 0.3% Environmental Protection Agency, 1200 this action, including any information of the RfD for all infants, for the non- Pennsylvania Ave., NW., Washington, claimed as confidential business nursing infant group, and for children DC 20460; telephone number: (703) information (CBI). This official record ages 7 to 12. The chronic dietary 305–7546; e-mail address: includes the documents that are exposures for children 1 to 6 years of [email protected]. physically located in the docket, as well age, the most highly exposed subgroup, as the documents that are referenced in SUPPLEMENTARY INFORMATION: will utilize only 0.6% of the RfD. those documents. The public version of Results from the two-generation I. General Information the official record does not include any information claimed as CBI. The public reproduction study in rats and the A. Does this Action Apply to Me? developmental toxicity studies in version of the official record, which rabbits and rats indicate no increased You may be affected by this action if includes printed, paper versions of any sensitivity to developing offspring when you are an agricultural producer, food electronic comments submitted during compared to parental toxicity. These manufacturer or pesticide manufacturer. an applicable comment period, is results also indicate that imazapic is Potentially affected categories and available for inspection in the Public neither a developmental toxicant nor a entities may include, but are not limited Information and Records Integrity teratogen in either the rat or rabbit. to: Branch (PIRIB), Rm. 119, Crystal Mall Therefore, an additional safety factor is #2, 1921 Jefferson Davis Highway, not warranted, and the RfD of 0.5 mg/ Arlington, VA, from 8:30 a.m. to 4 p.m., kg bwt/day, which utilizes a 300-fold Monday through Friday, excluding legal Cat- NAICS Examples of poten- holidays. The PIRIB telephone number safety factor is appropriate to ensure a egories codes tially affected entities reasonable certainty of no harm to is (703) 305–5805. infants and children. Industry 111 Crop production C. How and to Whom Do I Submit 112 Animal production Comments? F. International Tolerances 311 Food manufacturing There are no Codex maximum residue 32532 Pesticide manufac- You may submit comments through levels established or proposed for turing the mail, in person, or electronically. To residues of imazapic from use on ensure proper receipt by EPA, it is grasses. This listing is not intended to be imperative that you identify docket exhaustive, but rather provides a guide control number PF–964 in the subject [FR Doc. 00–21673 Filed 8–23–00; 8:45 am] for readers regarding entities likely to be line on the first page of your response. BILLING CODE 6560±50±F affected by this action. Other types of 1. By mail. Submit your comments to: entities not listed in the table could also Public Information and Records be affected. The North American Integrity Branch (PIRIB), Information ENVIRONMENTAL PROTECTION Industrial Classification System Resources and Services Division AGENCY (NAICS) codes have been provided to (7502C), Office of Pesticide Programs [PF±964; FRL±6739±1] assist you and others in determining (OPP), Environmental Protection whether or not this action might apply Agency, 1200 Pennsylvania Ave., NW., Notice of Filing a Pesticide Petition to to certain entities. If you have questions Washington, DC 20460. Establish a Tolerance for a Certain regarding the applicability of this action 2. In person or by courier. Deliver Pesticide Chemical in or on Food to a particular entity, consult the person your comments to: Public Information listed under FOR FURTHER INFORMATION and Records Integrity Branch (PIRIB), AGENCY: Environmental Protection CONTACT. Information Resources and Services Agency (EPA). Division (7502C), Office of Pesticide ACTION: Notice. B. How Can I Get Additional Programs (OPP), Environmental Information, Including Copies of this Protection Agency, Rm. 119, Crystal SUMMARY: This notice announces the Document and Other Related Mall #2, 1921 Jefferson Davis Highway, initial filing of a pesticide petition Documents? proposing the establishment of Arlington, VA. The PIRIB is open from 1. Electronically. You may obtain regulations for residues of a certain 8:30 a.m. to 4 p.m., Monday through electronic copies of this document, and pesticide chemical in or on various food Friday, excluding legal holidays. The certain other related documents that commodities. PIRIB telephone number is (703) 305– might be available electronically, from 5805. DATES: Comments, identified by docket the EPA Internet Home Page at http:// 3. Electronically. You may submit control number PF–964, must be www.epa.gov/. To access this your comments electronically by e-mail received on or before September 25, document, on the Home Page select to: ‘‘[email protected],’’ or you can 2000. ‘‘Laws and Regulations,’’ ‘‘Regulations submit a computer disk as described ADDRESSES: Comments may be and Proposed Rules,’’ and then look up above. Do not submit any information submitted by mail, electronically, or in the entry for this document under the electronically that you consider to be person. Please follow the detailed ‘‘Federal Register—Environmental CBI. Avoid the use of special characters instructions for each method as Documents.’’ You can also go directly to and any form of encryption. Electronic provided in Unit I.C. of the the Federal Register listings at http:// submissions will be accepted in SUPPLEMENTARY INFORMATION. To ensure www.epa.gov/fedrgstr/. Wordperfect 6.1/8.0 or ASCII file proper receipt by EPA, it is imperative 2. In person. The Agency has format. All comments in electronic form that you identify docket control number established an official record for this must be identified by docket control

VerDate 112000 17:43 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices 51613 number PF–964. Electronic comments information regarding the elements set crop. Residues were surface residues of may also be filed online at many Federal forth in section 408(d)(2); however, EPA parent zoxamide and minor amounts of Depository Libraries. has not fully evaluated the sufficiency hydrolysis or photolysis degradates and of the submitted data at this time or a fairly large number of polar materials, D. How Should I Handle CBI That I whether the data support granting of the each less than 2% of the total Want to Submit to the Agency? petition. Additional data may be needed radioactive residue (TRR). No Do not submit any information before EPA rules on the petition. metabolites were present in excess of electronically that you consider to be 5% of the total dosage. This is the same CBI. You may claim information that List of Subjects pattern seen in grapes, filed earlier. you submit to EPA in response to this Environmental protection, 2. Analytical method. Tolerance document as CBI by marking any part or Agricultural commodities, Feed enforcement methods using gas all of that information as CBI. additives, Food additives, Pesticides chromatography/electron capture Information so marked will not be and pests, Reporting and recordkeeping detection (GC/ECD) with confirmation disclosed except in accordance with requirements. by gas chromatography/mass selective procedures set forth in 40 CFR part 2. Dated: August 15, 2000. detection (GC/MSD), have been developed for zoxamide in cucurbits In addition to one complete version of Peter Caulkins, the comment that includes any (cucumber, cantaloupe, zucchini), Acting Director, Registration Division, Office tomatoes, tomato paste, and tomato information claimed as CBI, a copy of of Pesticide Programs. the comment that does not contain the puree. The limit of quantitation is 0.01 information claimed as CBI must be Summary of Petition ppm for all matrices. Average recoveries ± ± submitted for inclusion in the public The petitioner summary of the are 89.3 9.71% for cucurbits, 93.8 version of the official record. 10.1% for tomatoes, 94.1 ± 9.3% for pesticide petition is printed below as ± Information not marked confidential required by section 408(d)(3) of the tomato paste, and 90.7 13.7% for will be included in the public version FFDCA. The summary of the petition tomato puree, over the range of of the official record without prior was prepared by the petitioner and fortifications. The methods involve notice. If you have any questions about represents the view of the petitioner. extraction with solvent, filtration, CBI or the procedures for claiming CBI, EPA is publishing the petition summary liquid-liquid partition, and final please consult the person identified verbatim without editing it in any way. purification of the residues using solid under FOR FURTHER INFORMATION The petition summary announces the phase column chromatography. The CONTACT. availability of a description of the methods have been radiovalidated and an independent laboratory validation E. What Should I Consider as I Prepare analytical methods available to EPA for the detection and measurement of the has been completed. My Comments for EPA? 3. Magnitude of residues—Cucurbits. pesticide chemical residues or an Seventeen cucurbit field residue trials You may find the following explanation of why no such method is were conducted in nine states. There suggestions helpful for preparing your needed. comments: were 6 trials for cucumbers, 6 trials for 1. Explain your views as clearly as Rohm and Haas Company cantaloupe, and 5 trials for zucchini. These trials will cover a cucurbit crop possible. PP 9F5058 2. Describe any assumptions that you group tolerance. All studies were done used. EPA has received a pesticide petition with eight applications of 0.2 lb. active 3. Provide copies of any technical (PP 9F5058) from Rohm and Haas ingredient/acre (ai/acre) (0.224 kg ai/ha) information and/or data you used that Company, 100 Independence Mall West, for a total seasonal use rate of 1.6 lb. ai/ support your views. Philadelphia, PA proposing, pursuant to acre (1.8 kg ai/ha). In all trials, fruit was 4. If you estimate potential burden or section 408(d) of the FFDCA, 21 U.S.C. harvested on the day of the final costs, explain how you arrived at the 346a(d), to amend 40 CFR part 180 by application (0 day Pre-harvest interval estimate that you provide. establishing a tolerance for residues of (PHI)). This is the proposed maximum 5. Provide specific examples to zoxamide (RH-117281 Technical) seasonal use rate and proposed PHI. In illustrate your concerns. benzamide-3,5-dichloro-N-(3-chloro-1- three trials, residue decline samples 6. Make sure to submit your ethyl-1-methyl-2-oxopropyl)-4-methyl were taken over 6 or 7 days. comments by the deadline in this in or on the raw agricultural commodity Samples were analyzed for RH- notice. tomatoes and cucurbits at 2 parts per 117281. The average residue over all 7. To ensure proper receipt by EPA, million (ppm). EPA has determined that trials was 0.11 ppm (0.245 ppm for be sure to identify the docket control the petition contains data or information cantaloupe, 0.053 ppm for cucumbers number assigned to this action in the regarding the elements set forth in and 0.115 ppm for zucchini). This single subject line on the first page of your section 408(d)(2) of the FFDCA; highest residue in any trial was 0.73 response. You may also provide the however, EPA has not fully evaluated ppm. Residue declined from 0.12 to 0.04 name, date, and Federal Register the sufficiency of the submitted data at ppm over 7 days in one trial and citation. this time or whether the data support remained fairly constant at about 0.04 granting of the petition. Additional data ppm in the other two residue decline II. What Action is the Agency Taking? may be needed before EPA rules on the trials. EPA has received a pesticide petition petition. These data support the establishment as follows proposing the establishment of a permanent tolerance of 2.0 ppm on and/or amendment of regulations for A. Residue Chemistry cucurbits. residues of a certain pesticide chemical 1. Plant metabolism. The metabolism Tomatoes. Sixteen field residue trials, in or on various food commodities of zoxamide in plants (tomatoes and including 2 decline experiments, 2 under section 408 of the Federal Food, cucurbits) is adequately understood for bridging trials, and one processing study Drug, and Cosmetic Act (FFDCA), 21 the purposes of these tolerances. There were conducted in six states. The trials U.S.C. 346a. EPA has determined that were no significant metabolites other each consisted of eight applications of this petition contains data or than the parent compound in either the 80 W formulation of RH-117281 at

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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

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices 51615 enlargement at that dose. Collectively, the uses on treated crops. Submitted identified. For the purposes of this the weight of evidence provides no environmental fate studies indicate that tolerance action, therefore, zoxamide indication of an endocrine effect of zoxamide dissipates rapidly from the [benzamide-3,5-dichloro-N-(3-chloro-1- zoxamide. environment under all conditions ethyl-1-methyl-2-oxopropyl)-4-methyl] tested, and it is not mobile and poses no is assumed not to have a common C. Aggregate Exposure threat to groundwater. Furthermore, its mechanism of toxicity with other 1. Dietary exposure— i. Food. environmental metabolites are very substances. Tolerances are proposed in the present short-lived and also have no potential to E. Safety Determination or preceding summaries for the residues leach. of zoxamide in or on tomatoes (2 ppm), There is no established Maximum 1. U.S. population— i. Acute cucurbits (2 ppm), potatoes (0.1 ppm), Concentration Level (MCL) for residues exposure and risk. Since no acute grapes (5 ppm), and raisins (15 ppm). of zoxamide in drinking water, and no endpoint was identified for zoxamide, There is no reasonable expectation of drinking water health advisory levels no acute risk assessment is required. transfer of residues of zoxamide into have been established. There is no entry ii. Chronic exposure and risk. Using meat or milk from potatoes. There are for zoxamide in the ‘‘Pesticides in the conservative exposure assumptions no tomato, cucurbit or grape feed Groundwater Database’’ (EPA 734–122– described above and taking into account commodities fed to livestock, and none 92–001, September 1992). the completeness and reliability of the of these commodities is fed to poultry. 2. Chronic exposure and risk. toxicity data, the percentage of the RfD There are no other established or Nevertheless, to assess an upper bound that will be utilized by dietary (food proposed U.S. tolerances for zoxamide, on the potential for exposure from only) exposure to residues of zoxamide and no currently registered uses in the drinking water, chronic exposure to from the proposed tolerances is 1.3% United States. Risk assessments were zoxamide in drinking water was (tolerance levels) and 0.1% (anticipated conducted by Rohm and Haas to assess estimated using the generic expected residues) for the U.S. population. dietary exposures and risks from environmental concentration (GENEEC) Aggregate exposure (food and water) are zoxamide as follows: V1.2 model, as directed in OPP’s expected to be 1.37% RfD. EPA Acute exposure and risk. No acute Interim Approach for Addressing generally has no concern for exposures endpoint was identified for zoxamide, Drinking Water Exposure. GENEEC is a below 100% of the RfD because the RfD and no acute risk assessment is highly conservative model used to represents the level at or below which required. estimate residue concentrations in daily aggregate dietary exposure over a ii. Chronic exposure and risk. For surface water. As indicated in EPA’s lifetime will not pose appreciable risks chronic dietary risk assessment, the drinking water exposure guidance, a to human health. Rohm and Haas proposed tolerance values, as well as very small percentage of people in the concludes that there is a reasonable anticipated (average) residues and U.S. would derive their drinking water certainty that no harm will result from processing factors were used and the from such sources. GENEEC (56 Day aggregate exposure to zoxamide residues assumption that 100% of all tomatoes, average) water exposure values utilize to the U.S. population. cucurbits, potatoes, and grapes will substantially less than 1% of the RfD for 2. Infants and children— i. In general. contain residues of zoxamide at the adults and children. The potential for additional sensitivity tolerance or anticipated residue levels. 3. Non-dietary exposure. Zoxamide is of infants and children to residues of Potential chronic exposures were not currently registered for any indoor zoxamide is assessed using data from estimated using USDA food or outdoor residential or structural uses developmental toxicity studies in the rat consumption data from the 1989-1992 and no application is pending; and rabbit and 2-generation survey. With the proposed tolerances therefore, no non-dietary non- reproduction studies in the rat. The and anticipated residue levels for occupational exposure is anticipated. developmental toxicity studies are zoxamide, the percentage of the 0.5 mg/ 4. Aggregate exposure and risk. The designed to evaluate adverse effects on kg/day RfD utilized is as follows: anticipated aggregate exposure from the developing organism resulting from food and drinking water combined is maternal pesticide exposure during Tolerance Anticipated <4% of the RfD, and there is no gestation. Reproduction studies provide Levels Total Residues % RfD Total % RfD expectation of other non-occupational information relating to effects from exposure. Thus, aggregate exposure to exposure to the pesticide on the U.S. Popu- zoxamide does not exceed EPA’s level reproductive capability of mating lationÐ48 of concern. animals and data on systemic toxicity. States ...... 1.3 0.1 ii. Developmental toxicity studies— D. Cumulative Effects Nursing Infants Rats. In a developmental toxicity study < 1 year old ... 1.3 0.2 At this time, no data are available to in rats, the maternal NOAEL was 1,000 Non-Nursing In- determine whether zoxamide has a mg/kg/day (highest dose tested, HDT), fants < 1 year common mechanism of toxicity with and the developmental (pup) NOAEL old ...... 2.4 0.1 other substances. Thus, it is not Children 1-6 was 1,000 mg/kg/day HDT. years old ...... 3.5 0.2 appropriate to include this fungicide in iii. Rabbits. In a developmental Children 7-12 a cumulative risk assessment. Unlike toxicity study in rats, the maternal years old ...... 1.8 0.1 other pesticides for which EPA has NOAEL was 1,000 mg/kg/day HDT, and followed a cumulative risk approach the developmental (pup) NOAEL was The chronic dietary risks from these based on a common mechanism of 1,000 mg/kg/day HDT. uses do not exceed EPA’s level of toxicity, zoxamide does not appear to iv. Reproductive toxicity study—Rats. concern. produce a toxic metabolite produced by In a multigeneration reproductive iii. Drinking water. No direct other substances. In addition, the toxicity study in rats, the parental information is available on potential for toxicity studies submitted to support (systemic) NOAEL was 71 mg/kg/day, exposure to zoxamide from drinking this petition indicate that zoxamide has based on an equivocal liver effect at the water. However, exposure from drinking only limited toxic potential. No toxic LOAEL of 360 mg/kg/day. The NOAEL water is unlikely to occur as a result of endpoints of potential concern were for reproductive and developmental

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 51616 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices effects was 1,471 mg/kg/day HDT. No ENVIRONMENTAL PROTECTION Environmental Response, adverse reproductive or developmental AGENCY Compensation, and Liability Act of effects were observed. 1980, as amended (CERCLA), U.S. EPA [FRL±6857±4] 3. Prenatal and postnatal sensitivity. gives notice of a proposed administrative settlement concerning No developmental or reproductive John P. Saad Superfund Site; Notice of the remedial action at the Lakeland effects were demonstrated for zoxamide Proposed Settlement Disposal Service, Inc., Superfund Site, as a result of systemic exposures at up AGENCY: Environmental Protection Claypool, County of Kosciusko, Indiana to limit doses of 1,000 and 1,471 mg/kg/ Agency. (the Site). The proposed agreement will day. Additionally, these NOAELs are ACTION: Notice of proposed settlements. resolve issues concerning one greater than 20-fold higher than the individual De Minimis landowner at the NOAELs of 48-51 mg/kg/day from the SUMMARY: The United States Site. U.S. EPA has previously submitted dog and rat chronic studies which are Environmental Protection Agency (EPA) the proposed agreement to the U.S. the basis of the RfD. These proposed to enter into three (2) cost Department of Justice for review and has developmental and reproductive studies recovery settlements, one (1) pursuant received its approval for the proposed indicate that developing and maturing to section 122(g) and one(1) pursuant to agreement via letter dated March 7, animals are not more sensitive either section 122(h) of the Comprehensive 2000. pre or postnatally than other age groups Environmental Response, DATES: Comments must be provided on to zoxamide; i.e., zoxamide does not Compensation, and Liability Act or before September 25, 2000. exhibit additional prenatal or postnatal (CERCLA), 42 U.S.C. 9622(g). These ADDRESSES: Barbara Wester (C–14J), sensitivity. Thus, reliable data indicate administrative settlements will resolve Office of Regional Counsel, U.S. that an additional Food Quality the settling party’s liability for past Environmental Protection Agency, Protection Act uncertainty factor is not response costs incurred by EPA at the Region 5, 77 W. Jackson Boulevard, necessary to insure an adequate margin John P. Saad Superfund Site located in Chicago, Illinois 60605–3590. Include of safety for protection of infants and Nashville, Tennessee. EPA will consider the following name of the matter in the children. public comments on the proposed comment: In the Matter of Lakeland settlements for thirty (30) days. EPA Disposal Service, Inc., Claypool, 4. Acute exposure and risk. No acute may withdraw from or modify the endpoint was identified for zoxamide, Indiana, U.S. EPA Docket No. V–W–99– proposed settlements should such C–561. and therefore no acute risk assessment comments disclose facts or is required. FOR FURTHER INFORMATION CONTACT: considerations which indicate that the Barbara Wester (C–14J), Office of 5. Chronic exposure and risk. Using proposed settlements are inappropriate, Regional Counsel, U.S. Environmental the conservative exposure assumptions improper, or inadequate. Protection Agency, Region 5, 77 W. described above and taking into account Copies of the proposed settlements Jackson Boulevard, Chicago, Illinois the completeness and reliability of the are available from: Ms. Paula V. 60604–3590. Batchelor, Waste Management Division, toxicity data, the percentage of the RfD SUPPLEMENTARY INFORMATION: Homer that will be utilized by dietary (food U.S. EPA Region 4, 61 Forsyth Street, Dove owns approximately five (5) acres only) exposure to residues of zoxamide Atlanta, Georgia 30303, 404/562–8887. of property located adjacent to and from the proposed tolerances is 2.4% Written comments may be submitted within the boundaries of the Site and (tolerance levels) and 0.2% (anticipated to Ms. Batchelor within 30 calendar did not himself contribute any wastes to residues) for children, 1-6 years old, the days of the date of publication. the Site. The Record of Decision (ROD) most highly exposed subgroups. Dated: June 22, 2000. for the Site, issued on September 28, Aggregate exposure (food and water) are Anita Davis, 1993, contemplated that deed expected to be <4% RfD. EPA generally Acting Chief, Program Services Branch, Waste restrictions and institutional controls has no concern for exposures below Management Division. would be an important part of the 100% of the RfD because the RfD [FR Doc. 00–21670 Filed 8–23–00; 8:45 am] remedy. The Settlement provides: That represents the level at or below which BILLING CODE 6560±50±P Dana Corporation; Eaton Corporation; daily aggregate dietary exposure over a General Motors Corporation; United lifetime will not pose appreciable risks Technologies Automotive, Inc.; and Warsaw Black Oxide, Inc. (collectively, to human health. Rohm and Haas ENVIRONMENTAL PROTECTION AGENCY the UAO Group) will compensate Mr. concludes that there is a reasonable Dove for the loss of use of his property; certainty that no harm will result from [FRL±6857±3] that Mr. Dove will establish the aggregate exposure to zoxamide residues contractual access provisions and deed to the U.S. population. Proposed Settlement Under Section 122(g) of the Comprehensive restrictions necessary to effect the on- F. International Tolerances Environmental Response, going remediation of the Site proscribed Compensation, and Liability Act; In the by the ROD; and that Mr. Dove will There are currently no CODEX, Matter of Lakeland Disposal Service, convert these contractual promises to Canadian or Mexican maximum residue Inc., Claypool, Indiana the form of an environmental easement, levels established for zoxamide in if U.S. EPA request that he do so. U.S. tomatoes, processed tomato products, or AGENCY: U.S. Environmental Protection EPA will receive written comments cucurbits. Thus, no harmonization Agency (U.S. EPA). relating to this settlement agreement for issues are required to be resolved for ACTION: Notice; request for public a period of thirty (30) days from the date this action. comment. of publication of this notice. Under [FR Doc. 00–21674 Filed 8–23–00; 8:45 am] CERCLA section 122(i)(3), U.S. EPA will SUMMARY: Notice of De Minimis consider any comments filed during this BILLING CODE 6560±50±F Settlement: In accordance with section public comment period in ‘‘determining 122(i)(1) of the Comprehensive whether or not to consent to the

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices 51617 proposed settlement and may withdraw minimize the burden of the collection of Frequency of Response: On occasion or withhold consent to the proposed information on the respondents, reporting requirements. settlement if such comments disclose including the use of automated Total Annual Burden: 3,750 hours. facts or considerations which indicate collection techniques or other forms of the proposed settlement is information technology. Total Annual Costs: $750,000. inappropriate, improper, or DATES: Written comments should be Needs and Uses: This proceeding will inadequate.’’ submitted on or before September 25, further establish a regulatory scheme for Copies of the proposed administrative 2000. If you anticipate that you will be the common carrier paging (CCP) and settlement agreement and of additional submitting comments, but find it private carrier paging (PCP) services background information relating to the difficult to do so within the period of which will promote efficient licensing settlement are available for review. time allowed by this notice, you should and competition in the commercial These may be obtained in person at the advise the contact listed below as soon mobile radio marketplace. The Superfund Division’s public records as possible. Commission uses this information to center, 7th Floor, U.S. Environmental ADDRESSES: Direct all comments to Les determine if the licensee is a qualifying Protection Agency, Region 5, 77 W. Smith, Federal Communications entity to obtain a partitioned license or Jackson Boulevard, Chicago, Illinois Commission, Room 1–A804, 445 12th disaggregated spectrum. Without such 60604–3590, or by mail from Barbara Street, SW., Washington, DC 20554 or information, the Commission could not Wester (C–14J), Office of Regional via the Internet to [email protected]. determine whether the licensee is operating in compliance with the Counsel, U.S. Environmental Protection FOR FURTHER INFORMATION CONTACT: For Commission’s rules. Agency, Region 5, 77 W. Jackson additional information or copies of the Boulevard, Chicago, Illinois 60604– information collections contact Les OMB Control Number: 3060–0865. 3590. Smith at (202) 418–0217 or via the Title: Wireless Telecommunications Authority: The Comprehensive Internet at [email protected]. Bureau Universal Licensing System Environmental Response, Compensation, and SUPPLEMENTARY INFORMATION: Recordkeeping and Third Party Liability Act of 1980, as amended, 42 U.S.C. OMB Control Number: 3060–0683. 9601–9675. Disclosure. Title: Direct Broadcast Satellite Form Number: N/A. Margaret M. Guerriero, Service—47 CFR Part 100. Acting Director, Superfund Division, Region Type of Review: Extension of a Type of Review: Extension of a 5. currently approved collection. currently approved collection. [FR Doc. 00–21668 Filed 8–23–00; 8:45 am] Respondents: Businesses or other for- Respondents: Business or other for- BILLING CODE 6560±50±M profit entities. profit entities; Individuals or Number of Respondents: 8. households; Not-for-profit Institutions; Estimated Time per Response: 400 and State, local, or Tribal Governments. hours. FEDERAL COMMUNICATIONS Number of Respondents: 62,791. COMMISSION Frequency of Response: On occasion reporting requirements. Estimated Time Per Response: 1.10 Notice of Public Information Total Annual Burden: 3,200 hours. hours (avg.). Collection(s) being Submitted to OMB Total Annual Cost: $5,800. Frequency of Response: for Review and Approval Needs and Uses: The information Recordkeeping; On occasion reporting requested under CFR part 100 of the requirements. August 14, 2000 FCC’s rules is used by the Commission SUMMARY: The Federal Communications to determine whether applicants are Total Annual Burden: 77,164 hours. Commission, as part of its continuing legally, technically, and financially Total Annual Costs: None. effort to reduce paperwork burden qualified to hold a DBS authorization. Needs and Uses: The Universal invites the general public and other Without such information, the Licensing System (ULS) establishes a Federal agencies to take this Commission could not make streamlined set of rules that minimizes opportunity to comment on the determinations for authorization to filing requirements, eliminates following information collection, as provide service to successful applicants redundant or unnecessary submission required by the Paperwork Reduction and would not, therefore, be able to requirements, and assures the on-going Act of 1995, Public Law 104–13. An fulfill its statutory obligations in collection of reliable licensing and agency may not conduct or sponsor a accordance with the Communications ownership data. The recordkeeping and collection of information unless it Act of 1934, as amended. third party disclosure requirements displays a currently valid control OMB Control Number: 3060–0765. contained in this collection are the number. No person shall be subject to Title: Revision of part 22 and part 90 result of the elimination of a number of any penalty for failing to comply with of the Commission’s Rules to Facilitate filing requirements. The ULS forms a collection of information subject to the Future Development of Paging Systems, contain a number of certifications; Paperwork Reduction Act (PRA) that Further Notice of Proposed Rulemaking. however, applicants must maintain does not display a valid control number. Form Number: FCC 601. records to document compliance with Comments are requested concerning (a) Type of Review: Revision of a the requirements for which they provide whether the proposed collection of currently approved collection. certifications. In some instances, information is necessary for the proper Respondents: Business or other for- coordination with third parties are performance of the functions of the profit entities; Individuals or required. Commission, including whether the households; Not-for-profit Institutions; information shall have practical utility; Federal government; and State, local, or Federal Communications Commission. (b) the accuracy of the Commission’s Tribal Government. William F. Caton, burden estimate; (c) ways to enhance Number of Respondents: 3,000. Deputy Secretary. the quality, utility, and clarity of the Estimated Time Per Response: 1.25 [FR Doc. 00–21623 Filed 8–23–00; 8:45 am] information collected; and (d) ways to hours (avg.). BILLING CODE 6712±01±P

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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,

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 51626 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices and Public Law 89–304, as amended, DEPARTMENT OF THE INTERIOR 6. All valid existing rights this notice announces a joint meeting of documented on the official public land the U.S. Fish and Wildlife Service and Bureau of Land Management records at the time of lease/patent the National Marine Fisheries Service. [AZ±060±00±1430±ES; AZA 31252] issuance. Topics to be discussed during the Detailed information concerning this meeting include the coordination of Notice of Realty Action; Bureau action is available for review at the activities that support Atlantic States Motion; Recreation and Public Bureau of Land Management, Tucson Marine Fisheries Commission coastal Purposes (R&PP) Act Classification; Field Office, 12661 East Broadway, fisheries management plans under the Arizona Tucson, Arizona. Upon publication of Atlantic Coastal Fisheries Cooperative this notice in the Federal Register, the AGENCY: Bureau of Land Management, Management Act and the Atlantic lands will be segregated from all other Interior. Striped Bass Conservation Act. forms of appropriation under the public ACTION: Notice. Minutes of the meetings will be land laws, including the general mining laws, except for lease or conveyance maintained by the U.S. Fish and SUMMARY: The following public lands in Wildlife Service, Room 840, 4401 North Pima County, Arizona have been under the Recreation and Public Fairfax Drive, Arlington, Virginia 22203 examined and found suitable for Purposes Act and leasing under the and the National Marine Fisheries classification for lease or conveyance to mineral leasing laws. For a period of 45 Service, FX2, 8484 Georgia Ave., Suite the Pima County Board of Supervisors, days from the date of publication of this 425, Silver Spring, Maryland 20910, and a political subdivision, under the notice in the Federal Register, will be available for public inspection provisions of the Recreation and Public interested persons may submit during regular business hours, Monday Purposes Act, as amended (43 U.S.C. comments regarding the proposed lease/ through Friday. 869 et seq.). The Pima County Board of conveyance or classification of the lands to the Field Manager, Tucson Field Dated: August 18, 2000. Supervisors proposes to use the lands for a recreational park. Office, 12661 East Broadway, Tucson, Cathleen I. Short, Arizona 85748. Co-Chair, Atlantic Coastal Fisheries Gila and Salt River Meridian, Arizona Classification Comments: Interested Cooperative Management Act Coordination T. 15 S., R. 12 E., persons may submit comments Committee Assistant Director—Fisheries and Sec. 7, lots 5 to 20, inclusive. involving the suitability of the land for Habitat Restoration. The area described contains 80.43 acres. a public park. Comments on the [FR Doc. 00–21618 Filed 8–23–00; 8:45 am] This action is a motion by the Bureau classification are restricted to whether BILLING CODE 4310±55±M of Land Management to make available the land is physically suited for the lands identified and designated as proposal, whether the use will disposal lands under the Safford District maximize the future use or uses of the DEPARTMENT OF THE INTERIOR Resource Management Plan, dated land, whether the use is consistent with Bureau of Land Management August 1991, and are not needed for local planning and zoning, or if the use Federal purposes. Lease or conveyance is consistent with State and Federal is consistent with current BLM land use programs. [ID±080±1210±XG] planning and would be in the public Application Comments: Interested interest. Detailed information parties may submit comments regarding Address Change for Salmon, Idaho concerning this action is available for the specific use proposed in the Office review at the Bureau of Land application and plan of development, AGENCY: Bureau of Land Management, Management, Tucson Field Office, whether the BLM followed proper Upper Columbia-Salmon Clearwater 12611 East Broadway, Tucson, Arizona. administrative procedures in reaching District, Idaho, Interior. The lease/patent when issued will be the decision, or any other factor not subject to the following terms, directly related to the suitability of the ACTION: Notice of address change for conditions and reservations: land for a public park. Salmon, Idaho office. 1. Provisions of the Recreation and Any adverse comments will be Public Purposes Act and to all reviewed by the State Director. In the SUMMARY: The Bureau of Land applicable regulations of the Secretary absence of any adverse comments, the Management (BLM) will be moving into of the Secretary of the Interior. classification will become effective 60 new office space in Salmon, Idaho 2. A right-of-way for ditches and days from the date of publication of this effective October 2, 2000. The office will canals constructed by the authority of notice in the Federal Register. be located in the current Salmon-Challis the United States. National Forest building. The new 3. All minerals shall be reserved to Dated: August 10, 2000. address for BLM will be Rural Route 2, the United States together with the right Jesse J. Juen, Box 600, Salmon, Idaho 83467. Also to prospect for, mine and remove the Field Office Manager. effective October 2, 2000, the main minerals. [FR Doc. 00–21653 Filed 8–23–00; 8:45 am] telephone number for BLM’s Salmon 4. A right-of way under the Act of BILLING CODE 4310±32±M office will be changed to 208–756–5100. February 15, 1901; 31 Stat. 90; 43 U.S.C. Phone numbers for individual 959 for powerline purposes granted to employees will be unchanged. Tucson Electric Power Company (PHX DEPARTMENT OF THE INTERIOR 080650). FOR FURTHER INFORMATION CONTACT: Minerals Management Service Jenifer Arnold (208) 769–5000. 5. A right-of way under the Act of October 21, 1976; 90 Stat. 2776; 43 Announcement of Invitation for Bids Dated: August 18, 2000. U.S.C. 1761 for road purposes granted in Ted Graf, on Oil from Federal Properties in the accordance with the transportation plan Gulf of Mexico Acting District Manager. for Pima County to Pima County [FR Doc. 00–21607 Filed 8–23–00; 8:45 am] Transportation and Flood Control (AZA AGENCY: Minerals Management Service BILLING CODE 4310±66±M 18432). (MMS), Interior.

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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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To do so less frequently could allow DEPARTMENT OF LABOR A number of potential hazards can unsafe conditions to go undetected that exist at surface coal mines and facilities Mine Safety and Health Administration might result in an accident. Highwalls, mining equipment, Type of Review: Extension. Proposed Information Collection travelways, and the handling of mining Agency: Mine Safety and Health Request Submitted for Public materials each present possible Administration. Comment and Recommendations; hazardous conditions. Since Title: Record of Examination for Record of Examination for Hazardous promulgation of 30 CFR 77.1713 in Hazardous Conditions. Conditions 1971, numerous miners have either lost OMB Number: 1219–0083. their lives at the areas affected by the Affected Public: Business or other for- ACTION: Notice. subject standard or received injuries of profit institutions. varying degrees of seriousness. The Cite/Reference/Form/etc: 30 CFR SUMMARY: The Department of Labor, as majority of the injuries and fatalities 77.1713. part of its continuing effort to reduce resulted from hazardous conditions that Total Respondents: 1,215. paperwork and respondent burden had not been detected or corrected. Frequency: On occasion. conducts a preclearance consultation Total Responses: 411,885. program to provide the general public II. Desired Focus of Comments Average Time per Response: 1.5 and Federal agencies with an Currently, the Mine Safety and Health hours. Estimated Total Burden Hours: opportunity to comment on proposed Administration (MSHA) is soliciting 617,828. and/or continuing collections of comments concerning the proposed Estimated Total Burden Hour Cost: information in accordance with the extension of the information collection $32,417,434. Paperwork Reduction Act of 1995 (PRA related to the Record of Examinations 95) [44 U.S.C. 3506(c)(2)(A)]. This Estimated Total Burden Cost (capital/ for Hazardous Conditions. MSHA is startup): $0. program helps to ensure that requested particularly interested in comments data can be provided in the desired Estimated Total Burden Cost which: (operating/maintaining): $0. format, reporting burden (time and • financial resources) is minimized, evaluate whether the proposed Comments submitted in response to collection instruments are clearly collection of information is necessary this notice will be summarized and/or understood, and the impact of collection for the proper performance of the included in the request for Office of requirements on respondents can be functions of the agency, including Management and Budget approval of the properly assessed. whether the information will have information collection request; they will practical utility; DATES: Submit comments on or before also become a matter of public record. • October 23, 2000. evaluate the accuracy of the Dated: August 18, 2000. agency’s estimate of the burden of the ADDRESSES: Send comments to Brenda Brenda C. Teaster, proposed collection of information, C. Teaster, Acting Chief, Records Acting Chief, Records Management Division. including the validity of the Management Division, 4015 Wilson methodology and assumptions used; [FR Doc. 00–21627 Filed 8–23–00; 8:45 am] Boulevard, Room 709A, Arlington, VA • BILLING CODE 4510±43±M 22203–1984. Commenters are enhance the quality, utility, and encouraged to send their comments on clarity of the information to be a computer disk, or via Internet E-mail collected; and DEPARTMENT OF LABOR to [email protected], along with an • minimize the burden of the original printed copy. Mrs. Teaster can collection of information on those who Mine Safety and Health Administration be reached at (703) 235–1470 (voice), or are to respond, including through the (703) 235–1563 (facsimile). use of appropriate automated, Proposed Information Collection Request Submitted for Public FOR FURTHER INFORMATION CONTACT: electronic, mechanical, or other Comment and Recommendations; Brenda C. Teaster, Acting Chief, Records technological collection techniques or Main Fan Operation and Inspection Management Division, U.S. Department other forms of information technology, e.g., permitting electronic submissions of Labor, Mine Safety and Health ACTION: Notice. Administration, Room 709A, 4015 of responses. Wilson Boulevard, Arlington, VA A copy of the proposed information SUMMARY: The Department of Labor, as 22203–1984. Mrs. Teaster can be collection request may be viewed on the part of its continuing effort to reduce reached at [email protected] (Internet Internet by accessing the MSHA Home paperwork and respondent burden E-mail), (703) 235–1470 (voice), or (703) Page (http://www.msha.gov) and conducts a preclearance consultation 235–1563 (facsimile). selecting ‘‘Statutory and Regulatory program to provide the general public SUPPLEMENTARY INFORMATION: Information’’ then ‘‘Paperwork and Federal agencies with an Reduction Act submission (http:// opportunity to comment on proposed I. Background www.msha.gov/regspwork.htm)’’, or by and/or continuing collections of Coal mine operators are required by contacting the employee listed above in information in accordance with the 30 CFR 77.1713 to conduct the For Further Information Contact Paperwork Reduction Act of 1995 examinations of each active working section of this notice for a hard copy. (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 51630 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices program helps to ensure that requested • evaluate the accuracy of the Dated: August 18, 2000. data can be provided in the desired agency’s estimate of the burden of the Brenda C. Teaster, format, reporting burden (time and proposed collection of information, Acting Chief, Records Management Division. financial resources) is minimized, including the validity of the [FR Doc. 00–21628 Filed 8–23–00; 8:45 am] collection instruments are clearly methodology and assumptions used; BILLING CODE 4510±43±M understood, and the impact of collection • enhance the quality, utility, and requirements on respondents can be clarity of the information to be properly assessed. collected; and NATIONAL AERONAUTICS AND DATES: Submit comments on or before • minimize the burden of the SPACE ADMINISTRATION October 23, 2000. collection of information on those who [Notice (00±096)] ADDRESSES: Send comments to Brenda are to respond, including through the C. Teaster, Acting Chief, Records use of appropriate automated, Government-Owned Inventions, Management Division, 4015 Wilson electronic, mechanical, or other Available for Licensing Boulevard, Room 709A, Arlington, VA technological collection techniques or 22203–1984. Commenters are other forms of information technology, AGENCY: National Aeronautics and encouraged to send their comments on e.g., permitting electronic submissions Space Administration. a computer disk, or via Internet E-mail of responses. ACTION: Notice of availability of to [email protected], along with an A copy of the proposed information inventions for licensing. original printed copy. Ms. Teaster can collection request may be viewed on the SUMMARY: be reached at (703) 235–1470 (voice), or Internet by accessing the MSHA Home The invention listed below is (703) 235–1563 (facsimile). Page (http://www.msha.gov) and assigned to the National Aeronautics and Space Administration, has been in FOR FURTHER INFORMATION CONTACT: selecting ‘‘Statutory and Regulatory the United States Patent and Trademark Brenda C. Teaster, Acting Chief, Records Information’’ then ‘‘Paperwork Reduction Act Submissions (http:// Office, and is available for licensing. Management Division, U.S. Department NASA Case Code No. ARC 14366–1: www.msha.gov/regspwork.htm)’’, or by of Labor, Mine Safety and Health Masked Proportional Routing. Administration, Room 709A, 4015 contacting the employee listed above in DATES: Wilson Boulevard, Arlington, VA the For Further Information Contact August 24, 2000. 22203–1984. Ms. Teaster can be reached section of this notice for a hard copy. FOR FURTHER INFORMATION CONTACT: Rob at [email protected] (Internet E-mail), Padilla, Patent Counsel, Ames Research III. Current Actions (703) 235–1470 (voice), or (703) 235– Center, Mail Code 202A–3, Moffett 1563 (facsimile). Information collected through the Field, CA 94035; Tel. (650) 604–5104; Fax (650) 604–7486. SUPPLEMENTARY INFORMATION: pressure recordings is used by the mine operator and MSHA for maintaining a Dated: August 16, 2000. I. Background constant vigil on mine ventilation, and Edward A. Frankle, Title 30, CFR 57.22204, which is to ensure that unsafe conditions are General Counsel. applicable only to specific underground identified early and corrected. [FR Doc. 00–21580 Filed 8–23–00; 8:45 am] mines that are categorized as gassy, Technical consultants may occasionally BILLING CODE 7510±01±P requires main fans to have pressure- review the information when solving recording systems. Main fans are to be problems. inspected daily while operating if Type of Review: Extension. NATIONAL AERONAUTICS AND persons are underground, and Agency: Mine Safety and Health SPACE ADMINISTRATION certification of the inspection is to be Administration. [Notice 00±07] made by signature and date. When Title:Main Fan Operation and accumulations of explosive gases such Inspection. Government-Owned Inventions, as methane are not swept from the mine OMB Number: 1219–0030. Available for Licensing by the main fans, they may reasonably Affected Public: Business or other for- be expected to contact an ignition AGENCY: National Aeronautics and source. The results are usually profit. Space Administration. Frequency: Daily. disastrous and multiple fatalities may be ACTION: Notice of availability of expected to occur. The main fan Record keeping: One year. inventions for licensing. requirements of this standard are Cite/Reference/Form/etc: 30 CFR significantly more stringent than those 57.22204. SUMMARY: The inventions listed below imposed on nongassy mines. Total Respondents: 7. are assigned to the National Aeronautics Total Responses: 2,625. and Space Administration, have been II. Desired Focus of Comments filed in the United States Patent and Average Time per Response: 30 Currently, the Mine Safety and Health Trademark Office, and are available for minutes. Administration (MSHA) is soliciting licensing: Estimated Total Burden Hours: 1,313. comments concerning the proposed NASA Case No. MSC 22724–2/3/4/5: extension of the information collection Total Annualized Capital/Startup Endothelium Preserving Microwave related to the Main Fan Operation and Costs: $735. Treatment for Atherosclerosis; Inspection. MSHA is particularly Total Operating and Maintenance NASA Case No. MSC 22743–2/3: interested in comments which: Costs: $735. Moving Object Control System; • evaluate whether the proposed Comments submitted in response to NASA Case No. MSC 22931–1: collection of information is necessary this notice will be summarized and/or Androgynous, Reconfigurable Closed for the proper performance of the included in the request for Office of Loop Feedback Controlled Low functions of the agency, including Management and Budget approval of the Impact Docking System with Load whether the information will have information collection request; they will Sensing Electromagnetic Capture practical utility; also become a matter of public record. Ring;

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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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Public Notice of these SW., Washington, DC 20593–0001. This Determinations is ordered to be notice is available on the Internet at Percent published in the Federal Register. http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT For Physical Damage: : For FOR FURTHER INFORMATION CONTACT: For Homeowners with credit further information, including a list of questions on this notice, contact available elsewhere ...... 7.375 the exhibit objects, contact Carol Commander Robert F. Corbin, Executive Homeowners without credit Epstein, Attorney-Adviser, Office of the Director of CTAC, or Ms. Sara S. Ju, available elsewhere ...... 3.687 Legal Adviser, U.S. Department of State Assistant to the Executive Director, Businesses with credit avail- (telephone: 202/619–6981). The address telephone 202–267–1217, fax 202–267– able elsewhere ...... 8.000 is U.S. Department of State, SA–44, 301 4570. Businesses and non-profit or- 4th Street, S.W., Room 700, Washington, SUPPLEMENTARY INFORMATION: Notice of ganizations without credit D.C. 20547–0001. available elsewhere ...... 4.000 these meetings is given under the Others (including non-profit Dated: August 18, 2000. Federal Advisory Committee Act, 5 organizations) with credit William B. Bader, U.S.C. App. 2. available elsewhere ...... 6.750 Assistant Secretary for Educational and For Economic Injury: Cultural Affairs, Department of State. Agendas of Meetings Businesses and small agricul- Chemical Transportation Advisory tural cooperatives without [FR Doc. 00–21788 Filed 8–23–00; 8:45 am] credit available elsewhere 4.000 BILLING CODE 4710±08±U Committee (CTAC). The agenda includes the following: The numbers assigned to this disaster (1) Introduction and swearing-in of are 328006 for physical damage and DEPARTMENT OF TRANSPORTATION the new members. 9I0900 for economic injury. (2) Progress reports from the PTP and Coast Guard (Catalog of Federal Domestic Assistance Emergency Response Subcommittees. Program Nos. 59002 and 59008.) [USCG±2000±7820] (3) Progress (Final) report from the Subcommittee on the Revalidation of 46 Dated: August 17, 2000. Chemical Transportation Advisory CFR Part 151. Kris Swedin, Committee (4) Presentation from Marine Safety Acting Administrator. Office New Orleans, LA on local port AGENCY: Coast Guard, DOT. [FR Doc. 00–21619 Filed 8–23–00; 8:45 am] issues. ACTION: BILLING CODE 8025±01±P Notice of meetings. (5) Presentation on the Tankship SUMMARY: The Chemical Transportation Panam Perla Sulfuric Acid Incident; Advisory Committee (CTAC) and its lessons learned. DEPARTMENT OF STATE Subcommittees will meet to discuss (6) Update on International Maritime [Public Notice 3398] various issues relating to the marine Organization (IMO) activities for the transportation of hazardous materials in Subcommittee on Bulk Liquids & Gases. Culturally Significant Objects Imported bulk. All meetings will be open to the Subcommittee on PTP. The agenda for Exhibition Determinations: public. includes the following: ``FabergeÐHermitage Objects'' DATES: CTAC will meet on Wednesday, (1) Discussion of Crew Alertness Campaign task statement. DEPARTMENT: United States Department September 13, 2000, from 9:00 a.m. to of State. 3:30 p.m. The Subcommittee on (2) Review of materials on Coast Prevention Through People (PTP) will Guard Crew Alertness Campaign. ACTION: Notice. meet on Tuesday, September 12, 2000, (3) Discussion to identify stakeholders SUMMARY: Notice is hereby given of the from 8 a.m. to 4 p.m. The Subcommittee and appropriate means to disseminate following determinations: Pursuant to on Emergency Response will meet on information for future awareness on the authority vested in me by the Act of Tuesday, September 12, 2000, from 1 Crew Alertness in the marine chemical October 19, 1965 (79 Stat. 985, 22 U.S.C. p.m. to 4 p.m. The Subcommittee on the transportation industry. 2459), the Foreign Affairs Reform and Revalidation of 46 CFR Part 151 Subcommittee on Emergency Restructuring Act of 1998 (112 Stat. Recommendations will meet on Response. The agenda includes the 2681, et seq.), Delegation of Authority Tuesday, September 12, 2000, from 8 following: No. 234 of October 1, 1999, and a.m. to 4 p.m. These meetings may close (1) Continuation of work on Delegation of Authority No. 236 of early if all business is finished. Requests Subcommittee Task Statement to October 19, 1999, as amended, I hereby to make oral presentations should reach identify standards, guidelines, and determine that the objects to be the Coast Guard on or before August 31, programs involved with hazardous ´ included in the exhibition ‘‘Faberge— 2000. Requests to have a copy of written material emergency response. Hermitage Objects,’’ imported from material distributed to each member of Subcommittee on Revalidation of 46 abroad for the temporary exhibition the committee or subcommittee should CFR Part 151 Recommendations. The without profit within the United States, reach the Coast Guard on or before agenda includes the following: are of cultural significance. The objects September 5, 2000. (1) Agenda will be based on the are imported pursuant to a loan ADDRESSES: CTAC will meet at the results of the Subcommittee’s meetings agreement with the foreign lender. I also DoubleTree Hotel, 300 Canal Street, scheduled for August 23 and 24, 2000.

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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

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices 51637 located are representative of the needs SUPPLEMENTARY INFORMATION: Pursuant will be available after September 6. of the region for improved air to section 10(a)(2) of the Federal Visitor badges are required to gain transportation services and facilities. Advisory Committee Act (Pub. L. 92– entrance to the building in which the • The demonstrated research and 463; 5 U.S.C. app. III), notice is given of meeting is being held. Please confirm extension resources available to the an ARAC meeting to be held September your attendance with Norm Turner. applicant for carrying out the intent of 12–13, 2000, in Renton, WA. Please provide the following the legislation. The agenda will include: information: full legal name, country of • citizenship, and name of your company, The capability of the applicant to September 12 provide leadership in making national if applicable. and regional contributions to the • Opening Remarks. The public must make arrangements • solution of both long-range and FAA Report. by September 7 to present oral • immediate air transportation problems. Joint Aviation Authorities Report. statements at the meeting. Written • • Transport Canada Report. statements may be presented to the The extent to which the applicant • has an established air transportation Executive Committee Meeting committee at any time by providing 25 program. Report. copies to the Assistant Executive • • Human Factors HWG Report. Director for Transport Airplane and The demonstrated ability of the • applicant to disseminate results of air Engine Harmonization Working Engine issues or by providing copies at transportation research and educational Group (HWG) Report. the meeting. Copies of the documents to • Avionics Systems HWG Report. be presented to ARAC for decision or as programs through a statewide or region- • wide continuing education program. General Structures HWG Report. recommendations to the FAA may be • Airworthiness Assurance Working • The research projects that the made available by contacting the person Group Report. applicant proposes to carry out under listed under the heading FOR FURTHER • Seat Test HWG Report. the grant. INFORMATION CONTACT. • Ice Protection HWG Report. If you are in need of assistance or Award Date • Powerplant Installation HWG require a reasonable accommodation for The FAA anticipates that the selection Report. the meeting or meeting documents, • Design for Security HWG Report. of the Center of Excellence in General please contact the person listed under Aviation will be completed during the September 13 the heading FOR FURTHER INFORMATION CONTACT. Sign and oral interpretation, as first quarter of calendar year 2001. • Flight Guidance System HWG well as a listening device, can be made Issued in Atlantic County, New Jersey on Report. available if requested 10 calendar days August 15, 2000. • Systems Design and Analysis HWG before the meeting. Herman A. Rediess, Report. Director, Office of Aviation Research. • Extended Range with Two-Engine Issued in Washington, DC on August 18, 2000. [FR Doc. 00–21639 Filed 8–23–00; 8:45 am] Aircraft (ETOPS) Tasking Update. • Tony F. Fazio, BILLING CODE 4910±13±M Flight Test HWG Report. • Electromagnetic Effects HWG Director, Office of Rulemaking. Report. [FR Doc. 00–21643 Filed 8–23–00; 8:45 am] DEPARTMENT OF TRANSPORTATION • Loads & Dynamics HWG Report. BILLING CODE 4910±13±M • Flight Controls HWG Report. Federal Aviation Administration • Mechanical Systems HWG Report. • Electrical Systems HWG Report. DEPARTMENT OF TRANSPORTATION Aviation Rulemaking Advisory Four HWGs—Powerplant Installation, Federal Aviation Administration Committee Meeting on Transport Flight Control, Mechanical Systems, and Airplane and Engine Issues Electrical Systems—plan to request Aviation Rulemaking Advisory AGENCY: Federal Aviation ARAC approval of technical reports Committee Meeting on Emergency Administration (FAA), DOT. drafted under the Fast Track Process. Evacuation Issues The Ice Protection HWG plans to seek ACTION: Notice of public meeting. approval of its concept for a proposed AGENCY: Federal Aviation Administration (FAA), DOT. SUMMARY: This notice announces a certification rule addressing Title 14 public meeting of the FAA’s Aviation Code of Federal Regulations 25.1419. ACTION: Notice of public meeting. Rulemaking Advisory Committee The Electromagnetic Effects HWG plans to seek ARAC approval to forward a SUMMARY: This notice announces a (ARAC) to discuss transport airplane public meeting of the FAA’s Aviation and engine (TAE) issues. recommendation to the FAA consisting of a proposed rulemaking and advisory Rulemaking Advisory Committee DATES: The meeting is scheduled for circular addressing high intensity (ARAC) to discuss emergency September 12–13, 2000, beginning at radiated fields. The Loads and evacuation (EE) issues. 8:30 a.m. on September 12. Arrange for Dynamics HWG plans to seek approval DATES: The meeting is scheduled for oral presentations by September 7. of three work plans addressing landing September 14, 2000, beginning at 8:30 ADDRESSES: Boeing Commercial limit descent velocities, ground a.m. Arrange for oral presentations by Airplane Group, 535 Garden Avenue, handling conditions, and towing loads. September 7. N., Building 10–16, Renton, WA. Attendance is open to the public, but ADDRESSES: Boeing Commercial FOR FURTHER INFORMATION CONTACT: Effie will be limited to the availability of Airplane Group, 535 Garden Avenue, M. Upshaw, Office of Rulemaking, meeting room space and telephone N., Building 10–16, Renton, WA. ARM–209, FAA, 800 Independence lines. The public may participate by FOR FURTHER INFORMATION CONTACT: Effie Avenue, SW., Washington, DC 20591, teleconference by contacting Norm M. Upshaw, Office of Rulemaking, Telephone (202) 267–7626, FAX (202) Turner, (425) 234–3312, or by e-mail, ARM–209, FAA, 800 Independence 267–5075, or e-mail at [email protected]. Details Avenue, SW., Washington, DC 20591, [email protected]. for participating in the teleconference Telephone (202) 267–7626, FAX (202)

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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

VerDate 112000 13:17 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM pfrm01 PsN: 24AUN1 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices 51639 in triplicate to the FAA at the following Class or classes of air carriers which In addition, one copy of any address: Federal Aviation the public agency has requested not be comments submitted to the FAA must Administration, Airports Division, required to collect PFCs: None. be mailed or delivered to Ms. Elaine 15000 Aviation Blvd., Lawndale, CA Any person may inspect the Roberts, at the following address: 90261, or San Francisco Airports application in person at the FAA office Executive Director of Airports, Rhode District Office, 831 Mitten Road, Room listed above under FOR FURTHER Island Aviation Corporation, T.F. Green 210, Burlingame, CA 94010–1303. In INFORMATION CONTACT and at the FAA State Airport, 2000 Post Road, Warwick, addition, one copy of any comments Regional Airports Division located at: Rhode Island, 02886. submitted to the FAA must be mailed or Federal Aviation Administration, Air carriers and foreign air carriers delivered to Mr. Michael Young, Airport Airports Division, 15000 Aviation Blvd., may submit copies of written comments Manager, County of Del Norte, at the Lawndale, CA 90261. In addition, any previously provided to the Rhode Island following address: 981 H Street, Suite person may, upon request, inspect the Airport Corporation under section 110, Crescent City, CA 95531. Air application, notice and other documents 158.23 of part 158 of the Federal carriers and foreign air carriers may germane to the application in person at Aviation Regulations. submit copies of written comments the County of Del Norte. FOR FURTHER INFORMATION CONTACT: previously provided to the county of Del Issued in Hawthorne, California, on August Priscilla A. Scott, PFC Program Norte under section 158.23 of Part 158. 1, 2000. Manager, Federal Aviation FOR FURTHER INFORMATION CONTACT: Herman C. Bliss, Administration, Airports Division, 12 Marlys Vandervelde, Airports Program Manager, Airports Division Western-Pacific New England Executive Park, Analyst, San Francisco Airports District Region. Burlington, Massachusetts 01803, (781) Office, 831 Mitten Road, Room 210, [FR Doc. 00–21641 Filed 8–23–00; 8:45 am] 238–7614. The application may be Burlingame, CA 94010–1303, BILLING CODE 4910±13±M reviewed in person at 16 New England Telephone: (650) 876–2806. The Executive Park, Burlington, application may be reviewed in person Massachusetts. DEPARTMENT OF TRANSPORTATION at this same location. SUPPLEMENTARY INFORMATION: The FAA SUPPLEMENTARY INFORMATION: The FAA Federal Aviation Administration proposes to rule and invites public proposes to rule and invites public comment on the application to impose comment on the application to impose Passenger Facility Charges; and use the revenue from a PFC at T. F. and use the revenue from a PFC at Jack Applications, etc.: T.F. Green State Green State Airport under the McNamara Field under the provisions of Airport, RI provisions of the Aviation Safety and the Aviation Safety and Capacity Capacity Expansion Act of 1990 (Title Expansion Act of 1990 (Title IX of the Notice of Intent to Rule on IX of the Omnibus Budget Omnibus Budget Reconciliation Act of Application to impose and use the Reconciliation Act of 1990) (Public Law 1990) (Public Law 101–508) and Part revenue from a passenger facility charge 101–508) and Part 158 of the Federal 158 of the Federal Aviation Regulations (PFC) at T. F. Green State Airport, Aviation Regulations (14 CFR Part 158). (14 CFR Part 158). Warwick, Rhode Island for projects at T. On August 9, 2000, the FAA On August 1, 2000 the FAA F. Green State Airport, Warwick, Rhode determined that the application to determined that the application to Island; Block Island State Airport, New impose and use the revenue from a PFC impose and use a PFC submitted by the Shoeham, Rhode Island; North Central submitted by Rhode Island Airport County of Del Norte was substantially State Airport, Smithfield, Rhode Island; Corporation was substantially complete complete within the requirements of Quonset State Airport, North within the requirements of section section 158.25 of Part 158. The FAA Kingstown, Rhode Island and Westerly 158.25 of Part 158. The FAA will will approve or disapprove the State Airport, Westerly, Rhode Island. approve or disapprove the application, application, in whole or in part, no later AGENCY: Federal Aviation in whole or in part, no later than than October 31, 2000. Administration (FAA), DOT. November 27, 2000. The following is a brief overview of ACTION: Notice of intent to rule on The following is a brief overview of the impose and use application No. 00– application. the application. 02–C–00–CEC: SUMMARY: The FAA proposes to rule and PFC Project #: 00–03–C–00–PVD LEVEL OF PROPOSED PFC: $3.00. invites public comment on the Level of the proposed PFC: $3.00 Proposed charge expiration date: application to impose and use the Proposed charge effective date: April 1, September 1, 2013. revenue from a PFC at T.F. Green State 2008 Total estimated PFC revenue: $463,628 Airport under the provisions of the Proposed charge expiration date: Brief description of the proposed Aviation Safety and Capacity Expansion August 1, 2012 projects: Install Replacement Fuel Act of 1990 (Title IX of the Omnibus Total estimated PFC revenue: System, Install Security Fencing—Phase Budget Reconciliation Act of 1990) $41,689,000 I, Reconstruct and Expand Automobile (Public Law 101–508) and Part 158 of Brief description of proposed impose Parking Lot, Airport Layout Plan the Federal Aviation Regulations (14 and use projects: Update, Install 50,000-gallon Water CFR part 158). T.F. Green State Airport Tank, Terminal Building Renovation DATES: Comments must be received on Noise Mitigation Land Acquisition, Project, Environmental Study (Airport or before September 25, 2000. North Ramp Rehabilitation, PFC South Development), New Terminal ADDRESSES: Comments on this Application Costs Building—Preliminary Design & application may be mailed or delivered Brief description of proposed impose Studies, Install Security Fencing—Phase in triplicate to the FAA at the following projects: II, Acquire Safety Equipment (Tractor & address: Federal Aviation T.F. Green State Airport, Sweeper), Fire Suppression Water Line, Administration, Airports Division, 12 New Airfield Maintenance Facility Install Runway Guidance System PAPI, New England Executive Park, Ticket Counter Expansion Runway 35. Burlington, Massachusetts 01803. Block Island State Airport

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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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A sudden assert[ed] that the proposed merger will cessation of operations by Greyhound FEDERAL DEPOSIT INSURANCE significantly benefit the traveling public, would not appear to be in the public CORPORATION employees, and shareholders, through the interest. Accordingly, we find that cause synergies, efficiencies, and savings that will exists to issue this supplemental order Agency Information Collection result from the combined resources, skill, requiring Laidlaw and Greyhound to Activities: Submission For OMB and operations of the two complementary explain the nature of this potential Review; Comment Request companies. In this regard, it is anticipated transportation crisis and to indicate that savings will be derived from volume AGENCIES: Office of the Comptroller of purchases of vehicles, fuel, equipment, and what future steps can and will be taken. the Currency (OCC), Office of Thrift services, and from reduced overhead and These comments will be due by Supervision (OTS), Department of the operating costs related to insurance, September 1, 2000. Copies of these Treasury; and Federal Deposit Insurance financing, headquarters, and securities and comments will be available on our Corporation (FDIC). accounting reporting. The combined website at ‘‘WWW.STB.DOT.GOV.’’ companies will be better positioned to Replies by interested parties may be ACTION: Notice of information collection manage equipment utilization, to develop filed by September 15, 2000. Based on to be submitted to OMB for review and financial and strategic plans, and to improve the record developed, we will decide approval under the Paperwork the operations with the goal of enhancing whether to impose conditions or take Reduction Act of 1995. service to the public while achieving growth some other action in this proceeding.3 for the company. In this regard, Laidlaw’s SUMMARY: In accordance with This decision will not significantly financial strength is expected to assist in requirements of the Paperwork affect either the quality of the human reducing Greyhound’s debt and permit Reduction Act of 1995 (44 U.S.C. 3501 environment or the conservation of investments for growth while improving et seq.), the OCC, the OTS and the FDIC energy resources. customer service. (collectively, the agencies) give notice It is ordered: See also Application of Laidlaw, LTAC, that they plan to submit to the Office of 1. The applicants in this proceeding and Greyhound at 11–15. Management and Budget (OMB) a are directed to submit comments in Recent developments, however, bring request for OMB review and approval of response to this order by September 1, these assertions into serious question. In the information collection system 2000. Interested parties may comment a report filed with the SEC for the described below. The agencies may not quarter ending June 30, 2000 (Form 10– or reply by September, 15, 2000. 2. A copy of this notice will be served conduct or sponsor, and a respondent is Q at 13), Greyhound stated that its main not required to respond to, an sources of liquidity had been cash flow on: (1) the U.S. Department of Justice, Antitrust Division, 10th Street & information collection unless it displays from operations and funds provided by a currently valid control number. Laidlaw. Greyhound asserts, however, Pennsylvania Avenue, N.W., DATES: Comments must be submitted on that ‘‘Laidlaw has advised [Greyhound] Washington, DC 20530; (2) the U.S. or before September 25, 2000. that cash funding, after August 1, 2000, Department of Transportation, Federal would be limited to the cash flow Motor Carrier Safety Administration— ADDRESSES: You are invited to submit a generated by [Greyhound] from its HMCE–20, 400 Virginia Avenue, S.W., comment to the OMB Reviewer and any operations and that additional funds Suite 600, Washington, DC 20024; and or all of the agencies. Please direct your from Laidlaw would not be available.’’ (3) the U.S. Department of comments as follows: Id. Greyhound indicates that Laidlaw Transportation, Office of the General OMB: Alexander T. Hunt, Office of has authorized Greyhound to seek Counsel, 400 7th Street, S.W., Management and Budget, Office of additional funding from outside Washington, DC 20590. Information and Regulatory Affairs, sources, and Greyhound has begun 3. Notice of this decision will be Washington, DC. 20503. seeking such financing. ‘‘Should published in the Federal Register. OCC: Communications Division, alternative sources not be available or Decided: August 18, 2000. Office of the Comptroller of the not be sufficient to meet [Greyhound’s] By the Board, Chairman Morgan, Vice Currency, 250 E Street, SW., Third needs, [Greyhound] may be required to Chairman Burkes, and Commissioner Floor, Attention: 1557–0217, curtail or defer non-essential or Clyburn. Washington, DC 20219. In addition, you essential capital and operating Vernon A. Williams, may send a comment by facsimile expenditures and may not be able to Secretary. transmission to (202) 874–5274, or by satisfy its obligations as they become [FR Doc. 00–21675 Filed 8–23–00; 8:45 am] electronic mail to due in the normal course of operations BILLING CODE 4915±00±P [email protected]. You can and may not be able to continue to inspect and photocopy the comments at operate as a going concern.’’ Id. See also 3 The Board recently issued a notice tentatively the OCC’s Public Reference Room, 250 Frank Swoboda, ‘‘Greyhound Seeks approving Laidlaw’s acquisition of additional E Street, SW., Washington, DC, between Financing Sources,’’ Wash. Post, August carriers in Laidlaw Inc., et al.—Control and 9:00 a.m. and 5:00 p.m. on business Merger—918897 Ontario Inc., B.R. Babcock Limited, days. You can make an appointment to 16, 2000, at E3, and Mark Heinzl, Babcock Coach Lines Limited, Lee Line Corp., and ‘‘Greyhound Says Parent Laidlaw Has Lee Charter Services, Inc., STB Docket No. MC–F– inspect the comments by calling (202) Cut Funds,’’ Wall St. J., August 17, 2000, 20972 (STB served July 13, 2000), 65 FR 43395 (July 874–5043. at B16. 13, 2000). Public comments on that proposed OTS: Manager, Dissemination Branch, transaction are currently due on August 28, 2000, Greyhound’s statements in its recent but, in light of the recent SEC filings, the Board will Information Management and Services, SEC filing are troubling. Its contention be issuing a separate decision holding up the Office of Thrift Supervision, 1700 G that it may not be able to continue to effectiveness of any approval in that proceeding. Street, NW., Washington, DC 20552,

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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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The Regional Councils received, the analysis contained in the decision until July 1, 1990. provide a forum for rural residents with FEIS, and the recommendations of the As a result of the McDowell decision, personal knowledge of local conditions Federal Subsistence Board and the the Department of the Interior and the and resource requirements to have a Department of the Interior’s Subsistence Department of Agriculture meaningful role in the subsistence Policy Group, the Secretary of the (Departments) assumed, on July 1, 1990, management of fish and wildlife on Interior, with the concurrence of the responsibility for implementation of Alaska public lands. The Regional Secretary of Agriculture, through the Title VIII of ANILCA on public lands. Council members represent varied U.S. Department of Agriculture-Forest On June 29, 1990, the Temporary geographical, cultural, and user Service, implemented Alternative IV as Subsistence Management Regulations diversity within each region. identified in the DEIS and FEIS (Record for Public Lands in Alaska were of Decision on Subsistence Management The Regional Councils have a published in the Federal Register (55 for Federal Public Lands in Alaska substantial role in reviewing the FR 27114–27170). Consistent with (ROD), signed April 6, 1992). The DEIS proposed rule and making Subparts A, B, and C of these and the selected alternative in the FEIS recommendations for the final rule. regulations, as revised January 8, 1999, defined the administrative framework of Moreover, the Council Chairs, or their (64 FR 1276), the Departments an annual regulatory cycle for established a Federal Subsistence Board designated representatives, will present subsistence hunting and fishing to administer the Federal Subsistence their Council’s recommendations at the regulations. The final rule for Management Program. The Board’s Board meeting in May 2001. Subsistence Management Regulations composition includes a Chair appointed Proposed Changes From 2000–2001 for Public Lands in Alaska, Subparts A, by the Secretary of the Interior with Seasons and Bag Limit Regulations B, and C (57 FR 22940–22964, concurrence of the Secretary of published May 29, 1992, and amended Agriculture; the Alaska Regional Subpart D regulations are subject to January 8, 1999, 64 FR 1276) Director, U.S. Fish and Wildlife Service; an annual cycle and require implemented the Federal Subsistence the Alaska Regional Director, U.S. development of an entire new rule each Management Program and included a National Park Service; the Alaska State year. Customary and traditional use framework for an annual cycle for Director, U.S. Bureau of Land determinations (§ lll.24 of subpart subsistence hunting and fishing Management; the Alaska Regional C) are also subject to an annual review regulations. Director, U.S. Bureau of Indian Affairs; process providing for modification each year. The text of the 2000–2001 Compliance With Section 810 of and the Alaska Regional Forester, USDA ANILCA Forest Service. Through the Board, these Subparts C and D final rule, with no agencies participate in the development modifications, served as the foundation The intent of all Federal subsistence of regulations for Subparts A, B, and C, for the 2001–2002 Subparts C and D regulations is to accord subsistence uses and the annual Subpart D regulations. proposed rule. The regulations of fish and wildlife on public lands a All Board members have reviewed contained in this proposed rule will priority over the taking of fish and this rule and agree with its substance. take effect on July 1, 2001, unless wildlife on such lands for other Because this rule relates to public lands elements are changed by subsequent purposes, unless restriction is necessary managed by an agency or agencies in Board action following the public to conserve healthy fish and wildlife both the Departments of Agriculture and review process outlined herein. populations. A Section 810 analysis was the Interior, identical text would be completed as part of the FEIS process. Conformance With Statutory and The final Section 810 analysis incorporated into 36 CFR part 242 and Regulatory Authorities 50 CFR part 100. determination appeared in the April 6, National Environmental Policy Act 1992, ROD, which concluded that the Applicability of Subparts A, B, and C Compliance Federal Subsistence Management Subparts A, B, and C (unless Program may have some local impacts otherwise amended) of the Subsistence A Draft Environmental Impact on subsistence uses, but the program is Management Regulations for Public Statement (DEIS) for developing a not likely to significantly restrict Lands in Alaska, 50 CFR 100.1 to 100.23 Federal Subsistence Management subsistence uses. and 36 CFR 242.1 to 242.23, remain Program was distributed for public Paperwork Reduction Act effective and apply to this rule. comment on October 7, 1991. That Therefore, all definitions located at 50 document described the major issues These rules contain information CFR 100.4 and 36 CFR 242.4 would associated with Federal subsistence collection requirements subject to Office apply to regulations found in this management as identified through of Management and Budget (OMB) subpart. public meetings, written comments, and approval under the Paperwork staff analysis and examined the Reduction Act of 1995. They apply to Federal Subsistence Regional Advisory environmental consequences of four the use of public lands in Alaska. The Councils alternatives. Proposed regulations information collection requirements Pursuant to the Record of Decision, (Subparts A, B, and C) that would described below were approved by OMB Subsistence Management Regulations implement the preferred alternative under 44 U.S.C. 3501 and were assigned for Federal Public Lands in Alaska, were included in the DEIS as an clearance number 1018–0075, which April 6, 1992, and the Subsistence appendix. The DEIS and the proposed expires July 31, 2003. The information Management Regulations for Federal administrative regulations presented a collection requirements described below Public Lands in Alaska, 36 CFR 242.11 framework for an annual regulatory will be submitted to OMB for approval (1999) and 50 CFR 100.11 (1999), and cycle regarding subsistence hunting and beyond that date, if needed. We will not for the purposes identified therein, we fishing regulations (Subpart D). The conduct or sponsor, and you are not divide Alaska into 10 subsistence Final Environmental Impact Statement required to respond to, a collection of

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The aggregate effect is an This collection of information will Drafting Information establish whether the applicant qualifies insignificant positive economic effect on to participate in a Federal subsistence a number of small entities, such as William Knauer drafted these hunt on public lands in Alaska and will ammunition, snowmachine, and regulations under the guidance of provide a report of harvest and location gasoline dealers. The number of small Thomas H. Boyd, of the Office of of harvest. entities affected is unknown; but, the Subsistence Management, Alaska The likely respondents to this fact that the positive effects will be Regional Office, U.S. Fish and Wildlife collection of information are rural seasonal in nature and will, in most Service, Anchorage, Alaska. Curt Alaska residents who wish to cases, merely continue preexisting uses Wilson, Alaska State Office, Bureau of participate in specific subsistence hunts of public lands indicates that they will Land Management; Greg Bos, Alaska on Federal land. The collected not be significant. Regional Office, U.S. Fish and Wildlife information is necessary to determine In general, the resources harvested Service; Sandy Rabinowitch, Alaska harvest success and harvest location in under this rule will be consumed by the Regional Office, National Park Service; order to make management decisions local harvester and do not result in a Ida Hildebrand, Alaska Regional Office, relative to the conservation of healthy dollar benefit to the economy. However, Bureau of Indian Affairs; and Ken wildlife populations. The annual we estimate that 2 million pounds of Thompson, USDA-Forest Service, burden of reporting and recordkeeping meat are harvested by the local provided additional guidance. subsistence users annually and, if given is estimated to average 0.25 hours per List of Subjects response, including time for reviewing a dollar value of $3.00 per pound, would equate to $6 million Statewide. instructions, gathering and maintaining 36 CFR Part 242 Title VIII of ANILCA requires the data, and completing and reviewing the Secretaries to administer a subsistence Administrative practice and form. The estimated number of likely preference on public lands. The scope of procedure, Alaska, Fish, National respondents under this rule is less than this program is limited by definition to forests, Public lands, Reporting and 6,000, yielding a total annual reporting certain public lands. Likewise, these recordkeeping requirements, Wildlife. and recordkeeping burden of 1,500 regulations have no potential takings of 50 CFR Part 100 hours or less. private property implications as defined Direct comments on the burden by Executive Order 12630. Administrative practice and estimate or any other aspect of this form The Service has determined and procedure, Alaska, Fish, National to: Information Collection Officer, U.S. certifies pursuant to the Unfunded forests, Public lands, Reporting and Fish and Wildlife Service, 1849 C Street, Mandates Reform Act, 2 U.S.C. 1502 et recordkeeping requirements, Wildlife. NW, MS 222 ARLSQ, Washington, DC seq., that this rulemaking will not For the reasons set out in the 20240. Additional information impose a cost of $100 million or more preamble, the Federal Subsistence collection requirements may be imposed in any given year on local or State Board proposes to amend Title 36, part if Local Advisory Committees subject to governments or private entities. The 242, and Title 50, part 100, of the Code the Federal Advisory Committee Act are implementation of this rule is by of Federal Regulations, as set forth established under Subpart B. We will Federal agencies, and no cost is below. submit for OMB approval any changes involved to any State or local entities or lll or additional information collection Tribal governments. PART SUBSISTENCE requirements not included in 1018– The Service has determined that these MANAGEMENT REGULATIONS FOR 0075. final regulations meet the applicable PUBLIC LANDS IN ALASKA standards provided in Sections 3(a) and Other Requirements 1. The authority citation for both 36 3(b)(2) of Executive Order 12988 on CFR Part 242 and 50 CFR Part 100 This rule was not subject to OMB Civil Justice Reform. review under Executive Order 12866. In accordance with Executive Order continues to read as follows: The Regulatory Flexibility Act of 1980 13132, the rule does not have sufficient Authority: 16 U.S.C. 3, 472, 551, 668dd, (5 U.S.C. 601 et seq.) requires federalism implications to warrant the 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. preparation of flexibility analyses for preparation of a Federalism Assessment. 1733. rules that will have a significant effect Title VIII of ANILCA precludes the State Subpart CÐBoard Determinations on a substantial number of small from exercising management authority entities, which include small over wildlife resources on Federal 2. We propose to revise Subpart C of businesses, organizations, or lands. 36 CFR part 242 and 50 CFR part 100, governmental jurisdictions. The In accordance with the President’s § lll.24(a)(1) to read as follows: Departments have determined that this memorandum of April 29, 1994, rulemaking will not have a significant ‘‘Government-to-Government Relations § lll.24 Customary and traditional use economic effect on a substantial number with Native American Tribal determinations. of small entities within the meaning of Governments’’ (59 FR 22951) and 512 (a) * * * the Regulatory Flexibility Act. DM 2, we have evaluated possible (1) Wildlife determinations.

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 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51653

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.

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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.

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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.

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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.

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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.

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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

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51665 subsistence harvest and use practices. one bear every four regulatory years Any bear taken under an educational limit. permit would count in an individual’s

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

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 51666 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules designated hunter permit and must designated hunter may hunt for any more than two harvest limits in his/her return a completed harvest report. The number of recipients but may have no possession at any one time.

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.

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51667

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.

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 51668 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

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

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51673 more than two harvest limits in his/her possession at any one time.

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.

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 51674 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

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]

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 51676 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

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

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 51682 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules be issued to individuals only at the cumulative with that permitted by the request of the Native Village of Kaltag or State. Nulato. This three moose limit is not

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

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51683 tag in the Northwest Alaska Brown Bear permit, including transportation of (A) If you have a trapping license, you Management Area, which consists of hunters, bears, or parts of bears; may use a firearm to take beaver in Unit Unit 22, except 22(C), those portions of however, this does not apply to 22 during the established seasons; Unit 23, except the Baldwin Peninsula transportation of bear hunters or bear (B) Coyote, incidentally taken with a north of the Arctic Circle, Unit 24, and parts by regularly scheduled flights to trap or snare intended for red fox or Unit 26(A), if you have obtained a State and between communities by carriers wolf, may be used for subsistence registration permit prior to hunting. that normally provide scheduled service purposes; Aircraft may not be used in the to this area, nor does it apply to (C) A snowmachine may be used to Northwest Alaska Brown Bear transportation of aircraft to or between position a hunter to select individual Management Area in any manner for publicly owned airports. caribou for harvest provided that the brown bear hunting under the authority animals are not shot from a moving of a brown bear State registration (iii) Unit-specific regulations: snowmachine.

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.

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 51684 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

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.

VerDate 112000 17:47 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm02 PsN: 24AUP2 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules 51685

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

VerDate 112000 11:22 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM pfrm01 PsN: 24AUP2 51686 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules of Solsmunket Lake, then east to operated check station at Ella’s Cabin under the authority of a brown bear Hughes, then south to Little Indian (15 miles upstream from the Yukon on State registration permit, including River, then southwesterly to the crest of the Koyukuk River) are required to stop transportation of hunters, bears or parts Hochandochtla Mountain, then and report to ADF&G personnel at the of bears. However, this does not apply southwest to the mouth of Cottonwood check station; to transportation of bear hunters or bear Creek, then southwest to Bishop Rock, (D) You may hunt brown bear by State parts by regularly scheduled flights to then westerly along the north bank of registration permit in lieu of a resident and between communities by carriers the Yukon River (including Koyukuk tag in the Northwest Alaska Brown Bear that normally provide scheduled service Island) to the point of beginning; Management Area, which consists of to this area, nor does it apply to however, this does not apply to Unit 22, except 22(C), those portions of transportation of aircraft to or between transportation of a moose hunter or Unit 23, except the Baldwin Peninsula publicly owned airports. moose part by aircraft between publicly north of the Arctic Circle, Unit 24, and (iii) Unit-specific regulations: owned airports in the controlled use Unit 26(A), if you have obtained a State (A) You may use bait to hunt black area or between a publicly owned registration permit prior to hunting. You bear between April 15 and June 30; airport within the area and points may not use aircraft in the Northwest (B) Arctic fox, incidentally taken with outside the area; all hunters on the Alaska Brown Bear Management Area in a trap or snare intended for red fox, may Koyukuk River passing the ADF&G any manner for brown bear hunting be used for subsistence purposes.

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

VerDate 112000 11:27 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR2.SGM pfrm01 PsN: 24AUR2 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51693 parent company and, sometimes, one or Exchange Act reporting.12 In 1999, however, three situations in which no more of the parent company’s other approximately one-fourth of all separate financial information or subsidiaries. interpretive, no-action, and exemptive condensed consolidating financial Guarantees of securities are securities requests acted on by the Division of information would be required, so long themselves for purposes of the Corporation Finance involved the as the parent company financial Securities Act of 1933.10 As a result, the application of SAB 53.13 statements include specified narrative Securities Act requires the offering of The staff’s interpretations, which disclosure. These situations arise both the guaranteed security and the balance the burden on issuers and • Where the subsidiary issuer is a guarantee to be either registered or guarantors to disclose required finance subsidiary and the parent exempt from registration. A Securities information fully with the investor’s company is the only guarantor of the Act registration statement must include need for information, have addressed securities; disclosure of both financial and non- new and complex structures effectively. • Where • financial information about the issuer of On March 5, 1999, we proposed rules the parent company of the the guaranteed security as well as any and revisions to codify, in large part, the subsidiary issuer has no independent guarantors. Moreover, Securities Act staff’s current analysis regarding the assets or operations, • registration causes both the issuer and obligations of the issuers and the parent company guarantees the guarantors.14 We received 12 comment securities, the guarantors to become subject to • Section 15(d) 11 of the Exchange Act. letters on our proposals.15 no subsidiary of the parent Today, we announce the adoption of company guarantees the securities, and Section 15(d) requires all Securities Act • registrants to file Exchange Act periodic those rules and revisions substantially any subsidiaries of the parent reports for at least the fiscal year during as proposed. We believe these rules and company other than the issuer are minor; and which the related Securities Act revisions will: • • Eliminate uncertainty regarding Where registration statement became effective. • the parent company issuer has no There are circumstances, however, financial statement requirements; • Eliminate uncertainty regarding independent assets or operations, and where full Securities Act and Exchange • all of the parent company’s Act disclosure by both the issuer and ongoing reporting; • Eliminate the burden on issuers and subsidiaries, other than minor the guarantors may not be useful to an subsidiaries, guarantee the securities. investment decision and, therefore, may guarantors to seek guidance regarding those requirements; 16 and We are adopting Exchange Act Rule not be necessary. For example, if a • 12h–5 to exempt from Exchange Act finance subsidiary issues debt securities Simplify the staff’s interpretive structure by applying one standard— reporting requirements those subsidiary guaranteed by its parent company, full issuers and subsidiary guarantors that disclosure of the finance subsidiary’s condensed consolidating financial information—instead of the current may omit separate financial statements financial information would be of little under revised Rule 3–10. We are value. Instead, investors would look to approach that requires more or less financial disclosure based solely on the amending Form 20–F. We also are the financial status of the parent rescinding SAB 53.18 company that guaranteed the debt to existence of non-guarantor subsidiaries. We are revising Rule 3–10 of evaluate the likelihood of payment. II. Financial Statement and Exchange Regulation S–X to require, generally, the Subsidiary issuers and subsidiary Act Reporting Requirements for inclusion of condensed consolidating guarantors raise a number of disclosure Subsidiary Guarantors and Subsidiary financial information as a condition to issues under the Securities Act and the Issuers of Guaranteed Securities Before omitting the separate financial Exchange Act. Included among these Today’s Amendments statements of a subsidiary issuer or issues are: 17 A. Financial Statement Requirements • subsidiary guarantor. There are, What information must issuers of Before Today’s Amendments guaranteed securities provide to 12 SAB 53 instructs issuers to file exemptive 1. Basis for the Requirements potential investors in the registered applications under Section 12(h) of the Exchange offering; Act with regard to the Exchange Act reporting Rule 3–10 of Regulation S–X • What information must guarantors obligations of subsidiary issuers and subsidiary identifies which financial statements guarantors. Early in the development of SAB 53 provide to potential investors in the issues, the staff began processing these exemptive must be included in Securities Act registered offering; and requests as requests for no-action letters instead of registration statements, Exchange Act • What information must those exemptive applications. This process continues registration statements, and Exchange issuers and guarantors continue to today. Throughout this release, we will refer to Act periodic reports for guarantors that provide to the secondary market. these requests as requests for no-action letters. 13 If requests for no-action letters under Exchange are not filing under the small business 19 In 1983, the staff addressed these Act Rule 14a–8 [17 CFR 240.14a–8], the shareholder issuer reporting system. Item 310 of issues in Staff Accounting Bulletin No. proposal rule, are excluded, nearly one-half of all 53. In the 17 years since we published Division of Corporation Finance no-action letters • Moving the financial statement requirement of SAB 53, guaranteed securities have involved SAB 53. affiliates whose securities collateralize registered 14 Securities Act Release No. 7649 (March 5, securities from Rule 3–10 to new Rule 3–16; and become significantly more complex. 1999) [64 FR 10579]. • Adopting new Notes 3 and 4 to Item 310 of While the basic analysis of SAB 53 15 These letters are available in File S7–7–99 in Regulation S–B requiring small business issuers to remains sound, the staff has had to the Public Reference Room at 450 Fifth Street, present financial information for the fiscal periods expand on this analysis in response to N.W., Washington, D.C. 20549. Comment letters they are required to present in accordance with sent to the Commission electronically are available amended Rule 3–10 and new Rule 3–16 of registration statements and interpretive at our web site—www.sec.gov. Regulation S–X. requests that involve new and complex 16 Issuers of guaranteed securities and guarantors 18 Rule 3–10 and the positions expressed in this transaction structures. In addition, the could still request a no-action letter from the release will replace all prior Division of Corporation staff has responded to an increasing Division of Corporation Finance if today’s Finance no-action positions relating to SAB 53. number of requests for relief from amendments do not address their situation. The 19 Before today’s amendments, Rule 3–10 of staff will apply the principles expressed in this Regulation S–X also prescribed financial statement release to those requests. requirements for affiliates of reporting issuers when 10 15 U.S.C. 77a et seq. 17 In connection with the revision to Rule 3–10, the securities of such affiliates are the collateral for 11 15 U.S.C. 78o(d). we are: Continued

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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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We do not defines the following terms for purposes reasons for adopting that definition in agree that the definition of 100% owned of Rule 3–10: the following sections.26 should include a subsidiary that issued • to a third party securities convertible 100% owned; i. Subsidiaries in Corporate Form • Full and unconditional; into its voting shares, irrespective of the • Annual report; (A) Definition of 100% Owned parent’s right to repurchase. A • Quarterly report; A subsidiary in corporate form is subsidiary that has issued to any person • No independent assets or 100% owned for the purposes of Rule other than its parent company securities operations; 3–10 if all of its outstanding voting that are convertible into its voting stock • Minor; shares and any outstanding securities does not have the financial unity with • Finance subsidiary; and convertible into its voting shares are its parent company that is necessary to • Operating subsidiary. owned, directly or indirectly, by its qualify for the modified financial Paragraph (i) provides instructions for parent company.27 We are adopting this information permitted by paragraphs (b) preparing the condensed consolidating definition because it assures investors in through (f) of Rule 3–10. financial information required by the guaranteed securities that there is no (B) Interpretive Position Regarding paragraphs (c) through (f) of Rule 3–10. competing common equity interest in Foreign Issuers and Guarantors the assets or revenues of the subsidiary. 1. Two-Part Analysis To Determine This allows investors to evaluate the The definition of 100% owned in Whether Modified Financial creditworthiness of the parent and Rule 3–10 precludes any outside Information May Be Provided subsidiary as a single, indivisible ownership of voting shares for a. The Meaning of ‘‘100% Owned’’ business. If a third party holds an subsidiary corporations. Therefore, subsidiaries organized in a jurisdiction Under SAB 53, a subsidiary was interest in the subsidiary, the risks associated with investment in parent that requires directors to own shares ‘‘wholly owned’’ if all of its outstanding would not meet the 100%-owned test. voting shares and any outstanding and subsidiary are not identical. Where those risks are not identical, there is not Nonetheless, we concur in the staff’s securities convertible into its voting response to Crown Cork & Seal shares were owned, either directly or the financial unity between the subsidiary and its parent that is needed Company, Inc. (March 10, 1997), in indirectly, by its parent company.21 which the staff agreed to a no-action This meaning differs from the general to justify the modified financial information permitted by paragraphs (b) request under SAB 53 from a subsidiary definition of ‘‘wholly-owned organized in the Republic of France subsidiary’’ in Rule 1–02(aa) of through (f) of Rule 3–10. To remain 100% owned, a subsidiary even though it had more than one voting Regulation S–X.22 Rule 1–02(aa) treats a corporation may not issue any securities shareholder. That no-action request subsidiary as wholly owned if convertible into its voting shares unless stated that French law required the substantially all of its voting shares are those convertible securities are owned, subsidiary to have a total of seven held by its parent company. We directly or indirectly, by its parent shareholders and also required each proposed that the meaning of ‘‘wholly company. This would preclude the use director to own at least one share. The owned’’ for the purposes of Rule 3–10 of options that are exercisable into request explained that, in order to would be, in large part, the same as the voting shares unless those options are comply with this requirement, the staff’s analysis under SAB 53. owned, directly or indirectly, by the parent company would transfer The comments on the proposed subsidiary’s parent company. approximately six shares, equaling definition of wholly owned in Rule 3– One commenter addressed convertible approximately 0.24% of the parent 10 varied significantly. One commenter securities.28 That commenter believed company’s outstanding shares, to its suggested that the special relief granted that a subsidiary that has issued directors. In granting the no-action by SAB 53 should be extended to any securities convertible into its voting position, the staff noted that the non- issuer or guarantor that is a subsidiary.23 parent company ownership was at the Another commenter believed just the 26 We also have included Appendix A at the end minimum level required to comply with opposite, indicating its support for the of this release to further illustrate the meaning of French law. We have not included this definition as proposed.24 A third 100% owned. We included four appendices in the exception in amended Rule 3–10 commenter suggested that reduced proposing release to give guidance on the application of the proposed rules. We are because it is an uncommon situation financial reporting should be permitted rescinding those appendices. Issuers and guarantors that should be handled through the no- for 100%-owned subsidiaries and should not rely on those appendices. Instead, action request process. However, the subsidiaries whose minority issuers and guarantors should consider the appendices to this adopting release when applying staff will continue to recognize the shareholders consist solely of affiliates today’s amendments to specific situations. The staff exception presented by Crown Cork & 25 of the consolidated group. intends to publish additional guidance on the Seal Company, Inc., as well as any We are adopting the meaning of application of today’s amendments. future no-action requests from other 27 ‘‘wholly owned’’ that was used under Rule 1–02(z) of Regulation S–X [17 CFR 210.1– issuers under substantially similar 02(z)] defines ‘‘voting shares.’’ All securities of a 29 subsidiary that confer the right to elect directors or facts. 21 See, e.g., Citizens Utilities Company (May 20, their functional equivalents annually, whether or 1996). not those securities are equity or debt, must be held 29 If any issuer and guarantor fail to meet the 22 17 CFR 210.1–02(aa). by the parent to satisfy the 100%-owned test. This 100%-owned definition, but can demonstrate that 23 Comment letter of Sullivan & Cromwell (May test is unaffected by the existence of other securities their situation provides them with the financial 4, 1999). that grant the right to vote in the event of special unity needed to qualify for the modified financial 24 Comment letter of PricewaterhouseCoopers circumstances, such as a default. information permitted by paragraphs (b) through (f) (May 4, 1999). 28 Comment letter of PricewaterhouseCoopers of Rule 3–10, they may request relief from the 25 Comment letter of KPMG LLP (May 4, 1999). (May 4, 1999). Continued

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A Guarantee Can Be Full and entity would be 100% owned if its Unconditional Even If It Has a parent company owned all of its when an issuer of a guaranteed security has Fraudulent Conveyance ‘‘Savings outstanding interests. We have altered failed to make a scheduled payment, the Clause’’ this definition slightly. As adopted, a guarantor is obligated to make the scheduled payment immediately and, if it doesn’t, any subsidiary not in corporate form is A guarantee can be full and holder of the guaranteed security may unconditional even if it includes a 100% owned if all outstanding interests immediately bring suit directly against the in that subsidiary are owned, either ‘‘savings clause’’ related to bankruptcy guarantor for payment of all amounts due and fraudulent conveyance laws. These directly or indirectly, by its parent and payable.31 company other than: Under this definition, a guarantee is savings clauses prevent the guarantor • Securities to which Rule 3–10 not full and unconditional if the amount from making an otherwise required applies that are guaranteed by its parent of the guarantor’s liability is less than payment if the money needed to make company and, if applicable, other the issuer’s or, should the issuer default, that payment is first recoverable by 100%-owned subsidiaries of its parent the guarantor’s payment schedule other creditors under bankruptcy or company; and differs from the issuer’s payment fraudulent conveyance laws. However, • Guarantees of securities issued by schedule. There can be no conditions, if any clause places a specific limit on its parent company and, if applicable, beyond the issuer’s failure to pay, to the the amount of the guarantor’s regular other 100%-owned subsidiaries of its guarantor’s payment obligation. For payment obligation to avoid application parent company. example, the holder cannot be required of bankruptcy or fraudulent conveyance laws, that guarantee would not be full This revision recognizes that the to exhaust its remedies against the issuer before seeking payment from the and unconditional. securities issued in the transaction that For example, the following savings makes the subsidiary subject to Rule 3– guarantor. In the following three sections, we clauses would not defeat the full and 10 may be ‘‘interests’’ for purposes of unconditional nature of the guarantee. the definition of 100% owned. discuss specific interpretive issues • The guarantor’s obligation under One commenter suggested that the presented by the definition of full and the guarantee is limited to ‘‘the definition of 100% owned for an unconditional guarantee. maximum amount that can be unincorporated entity should be i. A Guarantee Is Not Full and guaranteed without constituting a changed so that relief would be Unconditional When It Is Not Operative fraudulent conveyance or fraudulent available so long as the parent owns all Until Some Time After Default transfer under applicable insolvency or substantially all of the One commenter noted that, under the laws.’’ ‘‘participating’’ ownership interests in proposed definition, a guarantee that • The guarantee is enforceable ‘‘to the the entity.30 We are not adopting this became due only after the passage of fullest extent permitted by law.’’ suggestion. Unincorporated entities some time period after default would The following savings clauses would operate differently than corporations not be full and unconditional under defeat the full and unconditional nature and one form of participation in the 32 Rule 3–10. This commenter indicated of the guarantee. operation of an entity may be separate that this definition would not comport • The guarantee is enforceable ‘‘up to from another form of participation in with a debt structure used in some $XX.’’ the entity. For example, in a limited European transactions, where there is a • The guarantor guarantees the liability corporation, the ability to vote ‘‘standstill’’ period before the guarantee indebtedness ‘‘up to $XX.’’ can be separated from the ability to can be enforced. The commenter • The guarantee is ‘‘limited to $XX in manage the financial affairs of the expressed the view that the ‘‘standstill’’ entity. The staff historically has order to prevent the guarantor from requirement should not result in violating applicable fraudulent allowed, and Rule 3–10 will allow, additional disclosure obligations and modified financial information only conveyance or transfer laws.’’ the proposed definition would, likely, • The guarantee is enforceable ‘‘up to when the parent and subsidiary or be detrimental to investors in European subsidiaries have financial unity. XX% of the guarantor’s current assets.’’ debt securities. We have not revised the • The guarantee is ‘‘limited to XX% b. The Meaning of ‘‘Full and definition as suggested. The presence of of the guarantor’s current assets in order Unconditional’’ a delay before the guarantee could be to prevent the guarantor from violating enforced would undermine the financial applicable fraudulent conveyance or We proposed to define a ‘‘full and unity that is necessary for the modified unconditional’’ guarantee consistent transfer laws.’’ financial information permitted by • The guarantee is enforceable ‘‘so with the staff’s interpretation of that paragraphs (b) through (f) of Rule 3–10. long as it would not result in the term for purposes of SAB 53. We are Specifically, if there is any period of guarantor having less than $XX in net adopting the definition as proposed. time during which the investor may not assets [or other financial measure].’’ The definition we adopt today is proceed against the guarantor(s), then it intended to limit the availability of the is necessary for that investor to be able iii. A Guarantee Can Be Full and to fully evaluate the issuer and Unconditional Even if it Has Different Division of Corporation Finance. In its guarantor(s) separately. Because the Subordination Terms Than the consideration of these requests, the staff will consider the principles set forth in this release payment obligation does not fall Guaranteed Securities regarding the significance of the 100%-owned A guarantee can be full and definition. 31 See Rule 3–10(h)(2). 30 Comment letter of Sullivan & Cromwell (May 32 Comment letters of Latham & Watkins (July 15, unconditional despite different 4, 1999). 1999, and July 6, 2000). subordination terms between the

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Operating Subsidiary Issuer of even if the subsidiary’s debt obligation • No other subsidiary of the parent Securities Guaranteed by its Parent ranks senior to all other debt of that company guarantees the securities; Company Only subsidiary and the parent company’s • The parent company’s financial guarantee ranks junior to other debt statements are filed for the periods We proposed to amend Rule 3–10 to obligations of the parent company. specified by Rules 3–01 and 3–02 of address specifically the structure where Although different subordination terms Regulation S–X; 36 and the parent company guarantees the • mean security holders have different The parent company’s financial securities issued by a subsidiary that is rights in the priority of payment with statements include a footnote stating not a finance subsidiary. SAB 53 respect to the issuer and the guarantor, that the issuer is a 100%-owned finance permitted the parent company’s both the issuer and the guarantor remain subsidiary of the parent company and financial statement footnotes to include fully liable to holders for all amounts the parent company has fully and summarized financial information due under the guaranteed security. unconditionally guaranteed the regarding the operating subsidiary securities. issuer. Consistent with our view that One commenter agreed that In response to comments, we have condensed consolidating financial subordination terms among the added a note to paragraph (b) stating information is more appropriate, we are guaranteed security and the guarantees that if a subsidiary issuer satisfies the adopting paragraph (c) of Rule 3–10 to should not affect the full and requirements of this paragraph but for provide that these issuers need not unconditional analysis.34 However, that the fact that it co-issued the securities, include separate financial statements if: commenter felt that condensed jointly and severally, with its parent • The parent company guarantees the consolidating financial information company, the parent company may securities; should be expanded in these cases to present its financial information with • No subsidiary of the parent require separate columns grouping the respect to the subsidiary as paragraph company guarantees the securities; guarantors by priority position or (b) permits. • The parent company’s financial subordination. We are not expanding One commenter asked us to clarify statements are filed for the periods the condensed consolidating what happens when a finance specified by Rules 3–01 and 3–02 of requirements as suggested because we subsidiary ceases to meet the definition Regulation S–X; and believe that the condensed of finance subsidiary.37 At that time, the • the parent company’s financial consolidating financial information subsidiary should be treated as an statement footnotes include condensed provides the appropriate level of operating subsidiary. The parent consolidating financial information for information to investors. company is not required to amend any the same periods with a separate 2. Rule 3–10(b) Through (f) reports for periods before the subsidiary column for: stopped being a finance subsidiary. The • The parent company; a. Preliminary Conditions to the parent company must present • The subsidiary issuer; Availability of Rule 3–10(b) Through (f) condensed consolidating financial • Any other subsidiaries of the parent on a combined basis; If either the guarantee is not full and information for the subsidiary when the subsidiary ceases to be a finance • Consolidating adjustments; and unconditional or the subsidiary is not • subsidiary. That is, the parent company The total consolidated amounts. 100% owned by its parent company, We are adopting the paragraph as then modified financial information must present condensed consolidating financial information for the operating proposed with the addition of three would not be allowed. Our discussion of notes. First, we have added a note amended Rule 3–10 in subsections b. subsidiary in the Exchange Act report for the period in which the subsidiary stating that the condensed consolidating through f., below, assumes that each of financial information may be omitted if: these conditions has been met. stopped being a finance subsidiary. • In an offering of securities that is The parent company has no b. Finance Subsidiary Issuer of independent assets or operations; 42 registered under the shelf registration • Securities Guaranteed by its Parent system,38 if the finance subsidiary Any subsidiaries other than the 43 Company Only ceases to meet the definition of finance subsidiary issuer are minor; and subsidiary, the registration statement 40 We proposed to amend Rule 3–10 to must be amended to include the 17 CFR 249.308. 41 Similarly, offerings that are registered on Form codify SAB 53’s treatment of finance appropriate financial information before subsidiary issuers of securities that are F–3 [17 CFR 239.33] could satisfy this requirement any further offers may be made. by filing the financial information on a Form 6–K guaranteed by the parent company. As Ordinarily, under the shelf registration [17 CFR 249.306] that is incorporated by reference. adopted, paragraph (b) of Rule 3–10 system, this information would have to 42 Rule 3–10(h)(5) states that, for purposes of Rule provides that subsidiary issuers would be included in the registration statement 3–10, a parent company has no independent assets not be required to include any financial through a post-effective amendment. or operations if ‘‘its total assets, revenues, income information if: from continuing operations before income taxes, However, offerings that are registered on and cash flows from operating activities (excluding • The subsidiary is a finance Form S–3 39 could satisfy this amounts related to its investment in its subsidiary; 35 requirement by filing the financial consolidated subsidiaries) are each less than 3% of the corresponding consolidated amounts.’’ 43 Rule 3–10(h)(6) states that, for purposes of Rule 36 33 See Williams Scotsman, Inc. (March 19, 1998). 17 CFR 210.3–01 and 17 CFR 210.3–02. Rule 3–10, ‘‘a subsidiary is minor if its total assets, 34 Comment letter of PricewaterhouseCoopers 3–10(a)(3) states that foreign parent companies stockholders’ equity, revenues, income from (May 4, 1999). should look to Item 8.A of Form 20–F to determine continuing operations before income taxes, and 35 Rule 3–10(h)(7) states that a subsidiary is a the periods for which financial statements are cash flows from operating activities are each less finance subsidiary if ‘‘it has no assets, operations, required. than 3% of the parent company’s corresponding revenues or cash flows other than those related to 37 Comment letter of Arthur Andersen (May 4, consolidated amounts.’’ A note to this definition the issuance, administration and repayment of the 1999). indicates that when considering a group of security being registered and any other securities 38 See Securities Act Rule 415 [17 CFR 230.415]. subsidiaries, the definition applies to each guaranteed by its parent company.’’ 39 17 CFR 239.13. Continued

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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.

VerDate 112000 11:27 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR2.SGM pfrm01 PsN: 24AUR2 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51699 f. Multiple Subsidiary Guarantors of 3. Condensed Consolidating Financial Not only would that disclosure have Securities Issued By Their Parent Information Required By Rule 3–10(c) been burdensome for the registrant to Company Through (f) provide, it is unlikely to have been We proposed to codify the staff’s Under today’s amendments to Rule 3– useful to investors. position for the structure when a parent 10, a subsidiary may rely on one of the Through interpretive requests and the company issues securities and more exceptions in paragraphs (c) through (f) review and comment process, the staff than one of its subsidiaries guarantees if it is otherwise eligible for that began to rely on the inclusion of the securities. As adopted, paragraph (f) exception and the parent company’s condensed consolidating financial of Rule 3–10 provides that the financial statements include a footnote information in lieu of summarized subsidiary guarantors need not include presenting condensed consolidating financial information in most 45 separate financial statements if: financial information. situations. Condensed consolidating • The guarantees are joint and financial information requires the a. Reasons for Requiring Condensed columnar presentation of each category several; Consolidating Financial Information • The parent company’s financial of parent and subsidiary as issuer, Instead of Summarized Financial guarantor, or non-guarantor.46 statements are filed for the periods Information specified by Rules 3–01 and 3–02 of In today’s amendments to Rule 3–10, Regulation S–X; and Under SAB 53, subsidiary issuers we are requiring condensed • The parent company’s financial were permitted to include summarized consolidating financial information as a statement footnotes include condensed financial information as described in condition to omitting separate financial consolidating financial information for Rule 1–02(bb) of Regulation S–X.44 statements. We are requiring condensed the same periods with a separate Summarized financial information consolidating financial information column for originally was intended only to inform because it clearly distinguishes the • the parent company; investors about a registrant’s equity assets, liabilities, revenues, expenses, • the subsidiary guarantors on a investments in unconsolidated affiliates. and cash flows of the entities that are combined basis; The summarized financial information legally obligated under the indenture • any other subsidiaries on a shows the general, indirect effect of the from those that are not.47 Furthermore, combined basis; subsidiaries on their parent company’s condensed consolidating financial • consolidating adjustments; and financial condition. This type of information provides the same level of • the total consolidated amounts. financial information is appropriate detail about the financial position, We are adopting this paragraph as when the investment decision is based results of operations, and cash flows of proposed, with the addition of three solely on the financial condition of the subsidiary issuers and subsidiary notes. First, we have added a note parent company. guarantors that investors are stating that the condensed consolidating However, in SAB 53, the staff did not accustomed to obtaining in interim financial information may be omitted if: contemplate the widespread use of financial statements of a registrant. It • The parent company has no summarized financial information as the also facilitates analysis of trends independent assets or operations; primary financial information for affecting subsidiary issuers and • Any subsidiaries other than the assessing the creditworthiness of a subsidiary guarantors and relationships subsidiary guarantors are minor; and subsidiary guarantor. The staff also did among the various components of a • The parent company’s financial not contemplate more complex consolidated organization. statements include a footnote stating guarantee structures where investors that the parent company has no must assess the subsidiary’s financial b. Comments Regarding Condensed independent assets or operations, the condition more completely and Consolidating Financial Information guarantees are full and unconditional independently of its parent company We requested comment on whether and joint and several, and any non- and other subsidiaries of its parent condensed consolidating financial guarantor subsidiaries are minor. company. Summarized financial information was the proper level of Second, we added a note stating that information is inadequate for this disclosure. The commenters generally the separate column for other purpose. For example, although cash expressed support for the proposed subsidiaries is not required when the flow information is significant in parent company has independent assets assessing creditworthiness, summarized 45 The staff required condensed consolidating or operations, but the other subsidiaries financial information includes no cash financial information in all situations except those flow information. specifically addressed in SAB 53—specifically, are minor. those where (a) there was a single subsidiary issuer Third, we added a note addressing Further, summarized financial or, where there was a parent issuer and a subsidiary guarantees that are not joint and several. information, as the staff recognized in guarantee, that guarantee was provided by either a That note states that its application of SAB 53, raised the single subsidiary or all subsidiaries; or (b) the issuer was a finance subsidiary and the parent was the • If question of how to deal with multiple guarantors. Many structures presented sole guarantor. The staff first accepted condensed • any of the subsidiary guarantees is consolidating financial information in connection to the staff involved a subsidiary issuer, not joint and several with the guarantees with its case-by-case review of Securities Act a parent company guarantor, multiple registration statements. Consistent with the earlier of the other subsidiaries, subsidiary guarantors, and multiple development of SAB 53 interpretation, the staff • Then applied the same analysis to no-action requests • subsidiaries that are not guarantors. relating to Exchange Act reporting. See, e.g., each subsidiary guarantor whose Other structures involved more than 100 guarantee is not joint and several need Chicago & North Western Acquisition Corp. subsidiary guarantors. A strict (February 6, 1990); EPIC Properties, Inc. (March 13, not include separate financial application of SAB 53 in that situation 1992). statements, but would have required more than 100 sets 46 The staff permits subsidiary guarantors to • combine financial information in one column if the condensed consolidating of summarized financial information. financial information must include a their guarantees are joint and several. 47 Summarized financial information may obscure separate column for each subsidiary 44 The staff expanded this relief to subsidiary these distinctions, particularly if subsidiary guarantor whose guarantee is not joint guarantors in Anheuser-Busch Companies, Inc. guarantors themselves have consolidated operating and several. (April 2, 1987). subsidiaries that are not guarantors.

VerDate 112000 11:27 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR2.SGM pfrm01 PsN: 24AUR2 51700 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations requirement for condensed In our view, summarized financial • The nature of the guaranteed consolidating financial information. information, even if modified to include security; or One commenter suggested an alternative additional data, provides less complete • Whether the guarantee is full and to condensed consolidating financial information about subsidiary issuers unconditional. information where summarized and subsidiary guarantors and is less b. Guaranteed Securities for Which financial information would have been flexible than condensed consolidating Paragraphs (b) Through (f) of Rule 3–10 permitted before today’s amendments.48 financial information. It also would be May Provide an Exception to the That commenter suggested that we difficult to develop and administer a Requirement of Rule 3–10(a) expand the summarized financial meaningful and practical difference in information specified by Rule 1–02(bb) presentation requirements based on the We have adopted five exceptions to to include additional line items and financial condition of the subsidiary or the general rule of Rule 3–10(a) in cash flow information. parent company across the wide range recognition that there are specific types Another commenter expressed the of debt instruments, issuers and of securities, guarantees, and related view that condensed consolidating industries. Further, it seems that the parties for which modified financial financial information results in a likely result of the summarized financial information is appropriate. We are presentation that is inconsistent with information approach in complex providing, as proposed, that the other financial statement requirements structures would be the inclusion of modified financial information of Regulation S–X because it requires multiple sets of summarized financial permitted by paragraphs (b) through (f) parent companies to present information. The relationship of the be available only for guaranteed debt investments in all subsidiaries, and summarized data to the consolidated and guaranteed preferred securities that subsidiary issuer and subsidiary financial statements of the parent would have payment terms that are guarantor columns to present likely be unclear, and the assets and substantially the same as debt.51 Under investments in non-guarantor operations of particular subsidiary this standard, the payment terms of the subsidiaries, on an unconsolidated issuers or subsidiary guarantors would preferred securities must mandate 49 basis. That commenter believed that likely be duplicated by inclusion in redemption and/or dividend the distinction between a 100%-owned multiple sets of data. In large part, these payments.52 subsidiary issuer or subsidiary same factors led the staff to develop the i. The Modified Financial Information guarantor and a 100%-owned non- condensed consolidating financial guarantor subsidiary should not affect Permitted by Paragraphs (b) Through (f) information approach a number of years is Available Only for Guaranteed Debt an investor’s assessment of the parent ago. company’s ability to satisfy the debt and Debt-Like Securities obligations. The commenter also 4. Securities to Which Rule 3–10 The modified financial information believed that condensed consolidating Applies permitted by paragraphs (b) through (f) financial information is unduly a. Rule 3–10(a) Requires Separate will be available only for guaranteed burdensome to prepare and does not Financial Statements for Each Issuer of debt and debt-like instruments. Neither fully depict the ‘‘structural Registered Guaranteed Securities and the form of the security nor its title will subordination’’ of an issuer’s registered Each Guarantor of Registered Securities determine the availability of those classes of guaranteed debt to other paragraphs. Instead, the substance of the Rule 3–10(a) requires, as a general obligations of non-guarantor obligation created by the security will rule, separate financial statements for subsidiaries in many debt structures. be determinative. The characteristics ‘‘every issuer of a registered security Accordingly, the commenter proposed that identify a guaranteed security as that is guaranteed and every guarantor that the summarized financial debt or debt-like for this purpose are: of a registered security.’’ 50 This information approach, expanded to • The issuer has a contractual requirement applies regardless of: include cash flow information, be obligation to pay a fixed sum at a fixed • The relationship between the issuer adopted for all issuers and guarantors time; and and the guarantor(s); who exhibit evidence of the ability to • Where the obligation to make such satisfy their obligations and are in good payments is cumulative, a set amount of financial condition. This suggestion 50 One commenter asked us to clarify the application of Rule 3–10 when the guarantee does interest must be paid. would require a merit determination not run to the benefit of the debt holders and, thus, The fact that disbursements on the each time financial information is would not be a ‘‘security’’ itself. See Comment letter security may be called ‘‘payments,’’ presented. of PricewaterhouseCoopers (May 4, 1999). That ‘‘distributions,’’ or ‘‘dividends’’ rather For the reasons discussed above, we commenter also asked that the rule be expanded to cover situations in which the staff historically has than ‘‘interest’’ or that holders are are adopting the condensed asked for financial disclosures by guarantors or entitled to ‘‘liquidation’’ or ‘‘mandatory consolidating financial information credit enhancers even when the guarantee that is redemption’’ rather than ‘‘principal’’ requirement as proposed. We continue not a security or the credit enhancement does not payments does not defeat their status as run directly to the holders of the related security. to believe that condensed consolidating debt or debt-like for this purpose. financial information provides the most Typically, in those situations, the issuer of the guarantee or provider of the credit enhancement Similarly, the fact that a security is meaningful presentation to permit does not incur a Rule 3–10(a) financial statement called ‘‘preferred stock’’ or ‘‘debt’’ does investors to evaluate the ability to pay obligation or a Section 15(d) reporting obligation as not bring it within the rule if the of those entities that are legally a result of the guarantee or the credit enhancement. obligated under the debt and the Nevertheless, when a party provides such a guarantee or credit enhancement, its financial 51 These securities include trust preferred guarantee(s). We also believe the information often is material to investors in the securities. We discuss these securities later in this approach is more adaptable to new and related security. If that information is material, the section. complex debt instruments and staff may ask that the guarantor or credit enhancer’s 52 Preferred securities normally carry very limited structures. financial statements be disclosed. These situations voting rights, such as the right of holders to vote are beyond the scope of today’s initiative. We have on matters affecting their rights as shareholders or not amended Rule 3–10 in response to this business combinations. The right to elect directors 48 Comment letter of KPMG LLP (May 4, 1999). comment and today’s amendments do not affect the is normally conferred only when the issuer has 49 Comment letters of Time Warner, Inc. (July 8, staff’s practices with regard to these types of failed to declare or pay a dividend required by the 1999 and August 10, 1999). guarantees and credit enhancements. security.

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Availability of Paragraphs (b) the preferred securities, the guarantor not intended to mean ‘‘fixed amount of Through (f) to Convertible Debt or Debt- agrees to pay the lesser of: interest.’’ The modified financial Like Securities information permitted by paragraphs (b) • The aggregate stated liquidation through (f) is available for floating and preference and all accumulated and Two commenters addressed whether adjustable rate securities, as well as unpaid dividends, whether or not the modified financial information indexed securities, as long as the declared; and permitted by paragraphs (b) through (f) payment obligation is set in the debt • The amount of assets of the issuer should be available for guaranteed debt instrument and can be determined from of the preferred securities legally that is convertible into equity of the objective indices or other factors that are available for distribution to holders of parent company, other subsidiaries, or 57 outside the discretion of the obligor. the preferred stock in liquidation. other companies. The modified financial information permitted by In the following sections, we discuss (B) Trust Preferred Securities two issues that arise because paragraphs paragraphs (b) through (f) will be (b) through (f) of Rule 3–10 are available Trust preferred securities generally available for guaranteed convertible for debt-like securities. Specifically, we are issued by a special purpose business securities only where those securities trust created by its parent company.53 are convertible into equity securities of discuss: 58 • When a guarantee of preferred The trust exists only to issue the the parent company. If the securities securities is full and unconditional for preferred securities and hold debt were convertible into securities of a company other than the parent purposes of Rule 3–10; and securities issued by its parent 54 company, the subsidiary issuer would • The application of Rule 3–10 to company. Payment obligations of the not be considered 100% owned. ‘‘trust preferred securities.’’ trust are ensured not by a single agreement called a guarantee, but c. Availability of Modified Financial (A) Full and Unconditional Guarantee through several agreements and by the Information for Guaranteed Securities of Preferred Securities terms of the debt securities that the trust Not Described in This Release holds. The agreements normally include For the modified financial The modified financial information a guarantee and an expense undertaking information permitted by paragraphs (b) permitted by paragraphs (b) through (f) from the parent company, the trust through (f) of Rule 3–10 to be available of Rule 3–10 will not be available for indenture for the debt securities the for guaranteed preferred securities, the every offering of a guaranteed security; trust holds, and the trust declaration of guarantor must fully and they are intended to address only those unconditionally guarantee all of the the trust itself. In applying SAB 53 to situations where we are certain that issuer’s payment obligations under the these securities, the staff agreed with the modified financial information is certificate of designations or other view that the bundle of rights provided appropriate. We do not believe that, as instrument that governs the preferred by these agreements and the debt one commenter suggested, those securities. The guarantor must guarantee securities held by the trust, usually paragraphs should be available broadly the payment, when due, of: called the ‘‘back-up undertakings,’’ is for ‘‘any other security if the amounts • All accumulated and unpaid the equivalent of a ‘‘full and payable or the other obligations owing dividends that have been declared on unconditional’’ guarantee of the trust’s to the holder thereunder will not the preferred securities out of funds payment obligations. depend on the financial health, value, or legally available for the payment of Based on the same reasoning as the performance of the subsidiary issuer or dividends; staff has applied to these securities, we subsidiary guarantor.’’ 59 However, there • The redemption price, on believe that the modified financial may be unique factual situations in redemption of the preferred securities, information permitted by paragraphs (b) which modified financial information including all accumulated and unpaid through (f) of Rule 3–10 should be would be appropriate, even though dividends; and available for these securities where: • those situations are not identified in • Upon liquidation of the issuer of Holders are entitled to receive paragraphs (b) through (f) or otherwise the preferred securities, the aggregate periodic payments that are cumulative if described in this release. In these rare stated liquidation preference and all unpaid and holders are entitled to 55 situations, we encourage the issuer and accumulated and unpaid dividends, receive a fixed liquidation amount; guarantor(s) to contact the Division of whether or not declared, without regard and • Corporation Finance to discuss the to whether the issuer has sufficient The ‘‘back-up undertakings’’ place filing relating to those securities.60 Due assets to make full payment as required the investor in the same position as if on liquidation. the parent company had fully and 56 Ordinarily, the issuers of these securities are Some guarantees of preferred unconditionally guaranteed the trust’s finance subsidiaries with no operations or assets securities limit the guarantor’s other than those in connection with the offering of 53 the securities. Therefore, they should look to redemption and liquidation payments to Other names for these securities include ‘‘monthly income preferred securities’’ or paragraph (b) of Rule 3–10. the amount of funds or assets that are ‘‘quarterly income preferred securities.’’ These 57 Comment letters of PricewaterhouseCoopers legally available to the issuer of the securities generally are sold under proprietary (May 4, 1999) and Sullivan & Cromwell (May 4, preferred securities. These guarantees names such as MIPs, QUIPs, or TOPRs. 1999). would not be full and unconditional. 54 While these securities typically are issued by 58 See, e.g., World Access, Inc. NACT a business trust, they also may be issued by a Telecommunications, Inc. (October 28, 1998) and For example, guarantees that contain the limited partnership or a limited liability PNC Bank Corp., PNC Bancorp, Inc. (April 1, 1996). following provisions would not be full corporation. 59 Comment letter of Sullivan & Cromwell (May and unconditional. 55 As with other debt-like securities, the modified 4, 1999). • The guarantor guarantees, on financial information permitted by paragraphs (b) 60 Similarly, these issuers and guarantors may through (f) would be available only where the either apply to the Commission under Section 12(h) redemption of the preferred securities, failure to make the periodic payment would have of the Exchange Act for an exemption from the the redemption price, including all the same result as a default on a required payment Exchange Act reporting requirements or request a accumulated and unpaid dividends, of interest on a debt security. Continued

VerDate 112000 11:27 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR2.SGM pfrm01 PsN: 24AUR2 51702 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations to the specificity and breadth of today’s commenters suggested that significance Many of these issues are similar to amendments and the guidance provided be measured by comparison to the issues currently faced by registrants in this release and the appendices, we amount of the securities being with significant acquired businesses anticipate that these requests will be registered.64 One commenter noted that outside the context of a registered infrequent. this measure would focus ‘‘on the assets offering of guaranteed debt securities. and cash flows of the recently acquired The staff addresses those issues through 5. Recently Acquired Subsidiary Issuers guarantor which will be available to its normal practice. In these situations, and Subsidiary Guarantors satisfy the registered debt and the we encourage the issuer and A special issue in the financial amount of credit enhancement the guarantor(s) to contact the Division of statement disclosure for issuers and subsidiary is adding to the Corporation Finance to discuss the guarantors is the treatment of recently arrangement.’’ 65 Other commenters filing relating to those securities. acquired subsidiary issuers and noted anomalies that could result if the While some of the requested guidance subsidiary guarantors. Because these parent company had negative is outside the scope of today’s rule- subsidiaries generally are not included shareholders’ equity.66 For example, a making, we agree that implementation in the consolidated results of the parent parent company’s large deficit could guidance on a number of these matters company for all periods, condensed render an acquired guarantor would be useful. We have included consolidating financial information does insignificant under the proposed test, Appendix B to illustrate the operation of not effectively present all material even though the guarantor may the paragraph relating to recently financial information to investors.61 constitute the primary source of cash acquired subsidiaries and provide We proposed to require pre- flows for repayment of the debt. These guidance on various implementation acquisition financial statements for commenters also noted that comparison issues. significant, recently acquired subsidiary to the securities being registered is 6. Definitions in Rule 3–10 issuers and subsidiary guarantors until consistent with current staff practice. the condensed consolidating financial We are adopting the treatment of We proposed to define the following information reflects adequately their recently acquired subsidiaries largely as four terms in paragraph (h) of Rule 3– cash flows and results of operations. proposed. However, given the 10: ‘‘wholly owned,’’ ‘‘full and These separate audited financial comments we received on the unconditional,’’ ‘‘annual report,’’ and statements would be for the subsidiary’s significance measure, we have revised ‘‘quarterly report.’’ We are adopting as most recent fiscal year preceding the that measure. As adopted, the rule calls proposed the definitions of ‘‘full and acquisition. Unaudited financial for significance to be measured by unconditional,’’ ‘‘annual report,’’ and statements also would have to be filed comparing the net book value or ‘‘quarterly report.’’ 69 for any interim period specified by purchase price of the subsidiary to the As noted previously, we have made two Rules 3–01 and 3–02 of Regulation S– principal amount of the securities being revisions to the proposed definition of X. registered.67 ‘‘wholly owned,’’ including changing As proposed, this treatment would 70 The rule requires pre-acquisition the defined term to ‘‘100% owned.’’ have applied to any recently acquired In response to comments, we also financial statements in Securities Act subsidiary issuer or subsidiary have added the following definitions. registration statements only. Those guarantor: • A parent company has no financial statements are not required in • That has not been included in the independent assets or operations if each Exchange Act periodic reports.68 audited consolidated results of its of its total assets, revenues, income from parent company for at least nine months Commenters also requested that we continuing operations before income of the most recent fiscal year; and clarify various matters regarding the taxes, and cash flows from operating • Whose net book value or purchase implementation and operation of the activities (excluding amounts related to price, whichever is greater, equals 20% paragraph relating to recently acquired its investment in its consolidated or more of the shareholders’ equity of subsidiaries. These include: subsidiaries) is less than 3% of the • the parent company on a consolidated Whether individually insignificant corresponding consolidated amount.71 basis.62 acquired guarantors must be aggregated; • A subsidiary is minor if each of its We heard from several commenters on • Whether the form of the acquisition total assets, stockholders’ equity, this proposal. While they generally affects the requirement for financial revenues, income from continuing supported the proposal, several statements; operations before income taxes, and commenters questioned the relevance • Whether, and when, financial cash flows from operating activities is and practicability of the proposed statements are required for very recently less than 3% of the parent company’s measure of significance.63 A number of acquired, or not yet acquired, corresponding consolidated amount. guarantors; and This definition applies to each no-action letter from the Division of Corporation • Whether use of the pooling or subsidiary individually and to all Finance. 72 61 Before today’s amendments, Rule 3–10 and purchase method of accounting affects subsidiaries in the aggregate. SAB 53 provided no relief for a subsidiary issuer the financial statements to be provided or subsidiary guarantor for periods before its under Rule 3–10(g). 69 See Rule 3–10(h)(2), (h)(3), and (h)(4). acquisition. Literal application of Rule 3–10 would 70 See Rule 3–10(h)(1). We discuss the definition have required three years of audited financial of 100% owned in Section III.A.1.a.—‘‘The meaning statements, regardless of the significance of the PricewaterhouseCoopers (May 4, 1999), KPMG LLP of 100% owned.’’ (May 4, 1999) and Ernst & Young (May 11, 1999). acquired subsidiary. The staff has permitted 71 See Rule 3–10(h)(5). 64 See, e.g., comment letters of registrants to apply the significance tests then in 72 See Rule 3–10(h)(6). This 3% test has been PricewaterhouseCoopers (May 4, 1999) and KPMG Rule 3–10(b) by analogy, but that practice provided applied by the staff in the context of condensed LLP (May 4, 1999). limited relief and created a number of consolidating financial information under SAB 53. 65 implementation issues. Comment letter of PricewaterhouseCoopers In no-action letters under SAB 53, the staff has 62 This significance test would be computed by (May 4, 1999). referred to subsidiaries falling below the 3% test as using amounts for the subsidiary as of the most 66 See, e.g., comment letter of Ernst & Young (May ‘‘inconsequential.’’ To avoid confusion with uses of recent fiscal year end before the acquisition. 4, 1999). the term ‘‘inconsequential’’ in other parts of the 63See, e.g., comment letters of Arthur Andersen 67 See Rule 3–10(g)(1)(ii). federal securities laws, for example, in Section (May 4, 1999), Sullivan & Cromwell (May 4, 1999), 68 See Instruction 4 to Rule 3–10(g)(1). 10A(b)(1)(B) of the Exchange Act [15 U.S.C. 78j–

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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.

VerDate 112000 11:27 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR2.SGM pfrm01 PsN: 24AUR2 51704 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations this information for as long as the due. The subsidiary may not present the reporting relief.82 That commenter also subject securities are outstanding. These modified information that paragraphs stated that, while additional disclosure exemptions are the same as what the (b) through (f) of Rule 3–10 would have may be required in the parent’s filing staff currently provides in its responses allowed it to present for historical when an issuer defaults on a debt to requests from subsidiary issuers and periods. security, it is difficult to predetermine subsidiary guarantors. and mandate the necessary disclosure. Rule 12h–5 automatically exempts 4. Meaning of the Term ‘‘Financial We agree with that commenter. We also these subsidiary issuers and subsidiary Statements’’ in Rule 12h–5 believe that requiring additional guarantors from Exchange Act reporting One commenter suggested that the disclosure in connection with the requirements. As a result, there would language in Rule 12h–5 was somewhat exemption provided in Rule 12h–5 is be no need for them to request no-action ambiguous because it refers to not necessary. Thus, a default on the letters from the Division of Corporation registrants that are permitted to omit guaranteed security or the guarantee Finance. ‘‘financial statements.’’ 80 That will not result in the loss of a subsidiary 2. Non-Financial Disclosure in Parent commenter stated that condensed issuer’s or subsidiary guarantor’s Company Periodic Reports consolidating statements are one form of Exchange Act reporting relief under financial statements. In an attempt to Rule 12h–5. Under Rule 12h–5, the parent avoid this confusion, throughout the company’s Exchange Act reports must 7. Application of Rule 3–10 and Rule include the modified financial proposing and adopting release, we 12h–5 to Foreign Parent Companies information permitted by paragraphs (b) have referred to the required With Domestic Subsidiary Issuers or through (f) of Rule 3–10. The parent presentation of financial information as Domestic Subsidiary Guarantors condensed consolidating financial company’s periodic reports need not, a. Foreign Parent Companies Reporting information, not condensed however, provide the non-financial on Form 20–F disclosure required by the periodic consolidating financial statements. In addition, Rule 12h–5 states that the When a parent company is a foreign report form for the subsidiary, unless private issuer that files on Form 20–F, the securities laws otherwise require the exemption is applicable to those persons permitted to omit separate it is not required to file quarterly parent company to provide information reports. Rather, it uses Form 6–K to about the subsidiary. financial statements by Rule 3–10. If an issuer is not in compliance with Rule 3– make public in the United States the 3. When Rule 12h–5 Becomes Available 10, it is not permitted to omit financial information that it made public under or Ceases To Be Available statements in accordance with Rule 3– foreign law, under exchange regulations, We requested comment on what 10. Therefore, we have not revised Rule or by distributing it to security holders. should be required of subsidiaries that 12h–5 in response to this comment. Absent the exemption provided by Rule 12h–5, a domestic subsidiary of that no longer qualify for the exemption 5. Rule 12h–5 Does Not Require foreign parent company would be from Exchange Act reporting under Exchange Act Reporting When Financial required to file annual and quarterly proposed Rule 12h–5 because they no Statements Are Provided Solely in reports if it guaranteed registered longer satisfy the requirements of Accordance With Rule 3–10(g) securities or issued registered, paragraphs (b) through (f) of Rule 3–10. One commenter suggested that we guaranteed securities. We received no response to our request, When Rule 12h–5 applies, modified add language to clarify the operation of other than a general suggestion to clarify financial information must be included Rule 12h–5(b). 81 The commenter the procedures for these situations. The in the parent company’s periodic expressed concern that Rule 12h–5 following procedures will apply in these reports. situations. could be misinterpreted to require • In the case of a foreign parent If Rule 12h–5 is not initially Exchange Act reporting when Rule 3– company filing on Form 20–F, that available to a subsidiary because it does 10(g) requires financial statements. We disclosure would not appear as not satisfy the requirements of revised the language in Rule 12h–5(b) to frequently as when the domestic paragraphs (b) through (f) of Rule 3–10, clarify that, in the case of recently subsidiary were reporting. Nevertheless, but later fulfills the requirements, that acquired subsidiary issuers or consistent with the staff’s historical subsidiary may write to the Division of subsidiary guarantors, Exchange Act position and the concepts underlying Corporation Finance to request no- reporting is not required when financial Rule 3–10, we believe that the parent action relief. statements are provided under Rule 3– • company in this situation should not be If a subsidiary initially meets the 10 solely because the subsidiary was required to file quarterly information requirements of paragraphs (b) through recently acquired. regarding the domestic subsidiary. As (f) of Rule 3–10 and relies on Rule 12h– we believe that the financial statements 5, but later ceases to satisfy those 6. Application of Rule 12h–5 When the Guaranteed Security Is in Default of the parent company, along with the requirements, we encourage that required modified financial information subsidiary to file promptly an Item 5 We requested comment on whether permitted by Rule 3–10, are sufficient to Form 8–K or a Form 6–K to report this reporting relief should be available inform an investment decision in those change in circumstance. That subsidiary when a guaranteed security is in default. situations, the required periodic reports must begin reporting pursuant to the We asked if additional disclosures for that parent also should be sufficient. Exchange Act when it fails to satisfy should be required in that circumstance. Therefore, if the parent company reports paragraphs (b) through (f) of Rule 3–10. One commenter stated that it did not on Form 20–F and is not required to file That is, the subsidiary must file the believe that the default should result in quarterly reports under the Exchange Exchange Act report for the period the loss of a subsidiary issuer’s or Act, Rule 3–10 would not require that during which it ceased to satisfy subsidiary guarantor’s Rule 12h–5 parent company to file more frequent paragraphs (b) through (f) of Rule 3–10. information regarding its domestic The subsidiary must present the 80 Comment letter of KPMG LLP (May 4, 1999). financial statements that are required by 81 Comment letter of Arthur Andersen (May 4, 82 Comment letter of PricewaterhouseCoopers Regulation S–X at the time the report is 1999). (May 4, 1999).

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This change will avoid confusion audited financial statements in the 3–19 of Regulation S–X as the source for and make the requirements easier to registration statement or to update the the financial statement requirements for follow. We are merely relocating the prospectus under Section 10(a)(3) must foreign private issuers.83 Before financial statement requirements for comply with amended Rule 3–10. September 30, 2000, foreign private affiliates whose securities collateralize For Exchange Act registration issuers should look to Rule 3–19 instead registered securities to Rule 3–16; we statements: of Item 8A. are not changing those requirements in • Any registration statement that is b. Foreign Parent Companies Reporting any way.88 first filed on or after September 25, 2000 on Form 40–F One commenter suggested that we must comply with amended Rule 3–10. clarify whether small business issuers When a Canadian parent company For Exchange Act periodic reports: must comply with new Rule 3–16 of and one or more subsidiaries register an • If the reporting company was Regulation S–X.89 In response to this offering of guaranteed securities under required to comply with amended Rule comment, we have made clear in the multijurisdictional disclosure 3–10 in a Securities Act or Exchange Regulation S–B that small business system, the parent company and the Act registration statement, all Exchange issuers also must comply with Rule 3– Act periodic reports for periods ending subsidiaries incur reporting obligations 90 under Section 15(d).84 When a 16. after that registration statement became subsidiary issuer or subsidiary One commenter asked us to clarify effective must comply with amended guarantor is also eligible to register its whether a collateralizing affiliate incurs Rule 3–10; 91 security under the MJDS,85 the financial Exchange Act reporting obligations. • For all other reporting companies, statements that would appear in the Consistent with the past approach, we the annual report on Form 10–K, Form registration statement and in any annual confirm that collateralizing affiliates 10–KSB, or Form 20–F, as applicable, report on Form 40–F 86 filed by the will continue not to incur Exchange Act for the first fiscal year ending after Canadian parent company would not be reporting requirements. [effective date] must comply with affected by Rule 3–10. The disclosure Similarly, one commenter asked us to amended Rule 3–10 and all Exchange would be in accordance with Canadian clarify whether financial statements of Act periodic reports for subsequent disclosure standards. When a subsidiary collateralizing affiliates are required in periods must comply with amended issuer or subsidiary guarantor is not quarterly reports of the issuer of the Rule 3–10. eligible to register its security under the collateralized security.92 Unlike In the first registration statement or MJDS,87 the financial statements of the subsidiary issuers and subsidiary periodic report to which amended Rule parent company included in the guarantors, collateralizing affiliates are 3–10 applies, the financial statements Securities Act registration statement and not registrants.93 Therefore, financial must reflect the application of amended an Exchange Act registration statement statements of collateralizing affiliates Rule 3–10 for all periods presented. or annual must comply with Rule 3–10. are not required in quarterly reports of the issuer of the collateralized security. V. Cost-Benefit Analysis D. Financial Statements of Affiliates We are adopting financial reporting Whose Securities Collateralize IV. Phase-In of Today’s Amendments to Registered Securities—Rule 3–16 of Rule 3–10 rules for related issuers and guarantors Regulation S–X of guaranteed securities. We are also To ease the transition to the adopting an exemption from periodic Before today’s amendments, the amendments to Rule 3–10, we will use reporting for subsidiary issuers and financial statement requirements for the following phase-in schedule. subsidiary guarantors. For the most part, affiliates whose securities collateralize For Securities Act registration today’s amendments codify the registered securities were combined statements: positions the staff has developed through Staff Accounting Bulletin No. 83 17 CFR 210.3–19. 88 53, later interpretations, and the 84 The multijurisdictional disclosure system, or We have amended Instruction 1 to Item 8 of MJDS, is a cross-border securities registration and Form 20–F to include a reference to new Rule 3– registration statement review process. reporting arrangement that we have established 16. This amendment merely recognizes that we The amendments deviate from current with securities regulators in Canada. It is comprised have moved the requirements for affiliates whose practice in a significant way only in the of Forms F–7, F–8, F–9, F–10 and F–80 under the securities collateralize registered securities; it does following two situations: Securities Act and Form 40–F under the Exchange not change the financial statement requirements in • Act. Companies registering securities under Forms Form 20–F. An operating subsidiary issues F–7, F–8 and F–80 may avoid the reporting 89 Comment letter of Arthur Andersen (May 4, securities, its parent guarantees the obligations under Section 15(d). See, Exchange Act 1999). securities, and no subsidiary guarantees Rule 12h–4. 90 See, Note 4 to Item 310 of Regulation S–B. the securities; and 85 General Instruction I.E of Form F–9 and 91 Comment letter of Arthur Andersen (May 4, • A parent issues securities, an General Instruction I.H of Form F–10 permit 1999). operating subsidiary guarantees the majority-owned subsidiaries to register securities on 92 Comment letter of Arthur Andersen (May 4, those forms if various conditions are met. 1999). securities, and no other subsidiary 86 17 CFR 249.240f. 93 Rule 10–01(a)(1) of Regulation S–X [17 CFR guarantees the securities. 87 This situation arises when the subsidiary issuer 210.10–01(a)(1)] states ‘‘Interim financial statements Under SAB 53, the staff continued to or subsidiary guarantor is not incorporated in required by this rule need only be provided as to permit those subsidiaries to present Canada. In this situation, registrants have filed the the registrant and its subsidiaries consolidated and registration statement on a combined Form F–9/S– may be unaudited. Separate statements of other summarized financial information 3 or Form F–10/S–1, depending on what entities which may otherwise be required by this instead of full financial statements. registration form the subsidiary is eligible to use. regulation may be omitted.’’ Under the amendments, those

VerDate 112000 11:27 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR2.SGM pfrm01 PsN: 24AUR2 51706 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations subsidiaries will be required to present estimates were too low.96 We discuss comment on the reasonableness of our condensed consolidating financial these comments below. savings estimates. information instead of summarized One commenter suggested that it In addition to the quantifiable benefit financial information. would cost an average of $25,000 to of today’s amendments to registrants, we believe that there also are a We believe that condensed prepare condensed consolidating financial information.97 That significant number of unquantifiable consolidating financial information is commenter, however, did not provide benefits to registrants and investors, more appropriate than summarized us with an estimate of how much more including the following: financial information, as it more clearly it would cost to provide condensed • Today’s amendments eliminate distinguishes the assets, liabilities, consolidating financial information uncertainty about which financial revenues, expenses, and cash flows of rather than summarized financial statements and periodic reports the entities that are legally obligated information. We have, therefore, not subsidiary issuers and subsidiary under the indenture from those that are revised our estimates in response to this guarantors must file; 94 • not. Furthermore, condensed comment. Today’s amendments require consolidating financial information One commenter felt that, for those financial information that is more provides the same level of detail about registrants that would have to switch helpful to an investor in the two areas the financial position, results of from summarized financial information where summarized financial statements operations, and cash flows of subsidiary are permitted today; 100 and to condensed consolidating financial • issuers and subsidiary guarantors that information, it was unreasonable to look Because registrants are required to investors are accustomed to obtaining in at their increased costs for one year provide condensed consolidating interim financial statements of a instead of the number of years they financial information in all situations in registrant. It also facilitates analysis of would provide condensed consolidating which they must provide separate trends affecting subsidiary issuers and financial information. Based on this financial information, investors will be subsidiary guarantors and relationships comment, we have considered the total able to compare the financial among the various components of a cost to each registrant to be $1,000 for information among all offerings and in consolidated organization. each of the three years for which the secondary markets. For purposes of this cost-benefit financial information is generally VI. Effects on Efficiency, Competition, analysis, there is one quantifiable cost required.98 This results in a cost to each and Capital Formation and one quantifiable benefit for such registrant of $3,000. As required by Section 23(a) of the registrants. The quantifiable cost is that Using the revised cost estimate of Exchange Act,101 we considered the of preparing condensed consolidating $3,000, the 29 registrants that received impact any new Exchange Act rule financial information in those situations a no-action letter in calendar year 1998 would have on competition. We in which they could have prepared only from the Division of Corporation requested comment on the proposals, summarized financial information Finance permitting them to include but received no response to our request previously. The quantifiable benefit is summarized financial information in for comment. We believe that the the savings to be recognized by not lieu of separate financial statements amendments will not have any anti- having to prepare a request for relief would have an increased cost of competitive effect since the rules, to a from the reporting requirements of the $87,000. The cost for the 26 registrants large extent, simply codify the reporting Exchange Act. We estimate the total cost that were in that position based on 1999 requirements to which registrants are to be $87,000 annually. We estimate the no-action letters would be $78,000. already subject. total benefit to be $850,000 annually.95 Today’s amendments benefit In addition, Section 2(b) of the companies by reducing the need to 102 In the proposing release, we estimated Securities Act and Section 3(f) of the prepare and submit requests for no- Exchange Act 103 require us, in adopting the aggregate additional annual cost to action letters from the Division of each registrant that would have to a rule that requires a public interest Corporation Finance. In the proposing finding, to consider whether the switch from summarized financial release, we estimated the annual savings information to condensed consolidating proposed rule will promote efficiency, to registrants to be approximately competition and capital formation. We financial information to be 99 $850,000. In that release, we also sought comment on how these changes approximately $1,000. In that release, discussed the manner in which we we also stated that there were 29 would affect competition, capital estimated those annual savings. There formation and market efficiency, but registrants that had received a no-action were no responses to our request for letter in calendar year 1998 from the received no response to our request for comment. We believe that the Division of Corporation Finance 96 Comment letters of KPMG LLP (May 4, 1999) amendments will have a positive, but permitting them to include summarized and Reynolds Metals Company (May 4, 1999). financial information in lieu of separate 97 Comment letter of KPMG LLP (May 4, 1999). 98 100 Condensed consolidating financial financial statements. In calendar year The financial statement requirements for registrants that are not small business issuers are information requires the columnar presentation of 1999, there were 26 such registrants. contained in Regulation S–X [17 CFR 210.1–01 each category of parent and subsidiary as issuer, Based on the 1998 numbers, we through 12–29]. The financial statement guarantor, or non-guarantor. This approach more estimated the total annual cost of the requirements for small business issuers are clearly distinguishes the assets, liabilities, revenues, expenses, and cash flows of the entities that are amendments to be $29,000. contained in Item 310 of Regulation S–B [17 CFR 228.310]. legally obligated under the indenture from those We requested comment on our 99 There were 130 no-action letters issued by the that are not, particularly if subsidiary guarantors themselves have consolidated operating estimates. Two commenters felt that our Division of Corporation Finance regarding SAB 53 in 1999. The financial information requirements subsidiaries that are not guarantors. Another under today’s amendments would be the same with important element of credit decisions is cash flow 94 Summarized financial information may obscure respect to 104 of the no-action letters. The financial information. Condensed consolidating financial these distinctions, particularly if subsidiary information requirements under today’s information requires this information while guarantors themselves have consolidated operating amendments would result in condensed summarized financial information does not. subsidiaries that are not guarantors. consolidating financial information instead of 101 15 U.S.C. 78w(a). 95 See Securities Act Release No. 7649 (March 5, summarized financial information with respect to 102 15 U.S.C. 78b(b). 1999) [64 FR 10579], § VIII. 26 of the no-action letters. 103 15 U.S.C. 78c(f).

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The approximately three minutes for Form 17 CFR Parts 210 and 211 use of condensed consolidating 10–K, one minute for Form 10–Q, five financial information will help investors minutes for Form 10 and one minute for Accounting, Reporting and assess better the repayment risk of Form 20–F.111 We estimated the recordkeeping requirements, Securities. different issuers. increased burden hours for each form by 17 CFR Part 228 We find that the exemptions under dividing the estimated aggregate Sections 7 104 and 28 105 of the increased burden for all forms, whether Reporting and recordkeeping Securities Act and Sections 12(h) and or not the filers would be required to requirements, Securities, Small 36 106 of the Exchange Act are in the report under Rule 3–10, by the Businesses. public interest and for the protection of estimated total number of filers. The 17 CFR Part 240 investors. burden for Regulation S–X (OMB control number 3235–0009) will remain Reporting and recordkeeping VII. Final Regulatory Flexibility Act requirements, Securities. Certification unchanged. In connection with the rule proposals, The amendments will not affect the 17 CFR Part 249 the Chairman of the Commission retention period. The filing of financial Brokers, Reporting and recordkeeping certified that the proposed amendments statements, as described in this release, requirements, Securities. would not, if adopted, have a significant is mandatory. They are not kept Text of the Amendments economic impact on a substantial confidential. An agency may not number of small entities. The conduct or sponsor, and a person is not For the reasons set out in the certification, including the factual bases required to respond to, a collection of preamble, the Securities and Exchange for the determination, was published information unless it displays a Commission amends title 17, chapter II with the proposing release in correctly valid control number. of the Code of Federal Regulations as satisfaction of Section 605(b) of No commenter responded to our follows: Regulatory Flexibility Act.107 We request for comment with respect to requested comments on the these proposed changes in burden hours PART 210ÐFORM AND CONTENT OF certification, but received none. for each affected form. AND REQUIREMENTS FOR FINANCIAL STATEMENTS, SECURITIES ACT OF VIII. Paperwork Reduction Act IX. Statutory Bases 1933, SECURITIES EXCHANGE ACT We submitted to the Office of The rule amendments outlined above OF 1934, PUBLIC UTILITY HOLDING Management and Budget the proposals COMPANY ACT OF 1935, INVESTMENT for review in accordance with the are proposed pursuant to Sections 7, 112 113 COMPANY ACT OF 1940, AND Paperwork Reduction Act of 1995.108 10, 19(a), and 28 of the Securities 114 115 ENERGY POLICY AND The amendments will affect the Act and Sections 3(b), 12, 13, 116 117 CONSERVATION ACT OF 1975 inclusion of information in Securities 15(d), 23, and 36 of the Exchange Act registration Forms S–1, F–1, S–4 Act. 1. The authority citation for Part 210 and F–4 (OMB control numbers 3235– continues to read as follows: 111 0065, 3235–0258, 3235–0324, and 3235– To arrive at this number for Form 10–K, we Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, divided the estimated number of companies that 0325, respectively). We estimated that will have to provide condensed consolidating 77z–2, 77aa(25), 77aa(26), 78j–i, 78l, 78m, the proposed rules would increase the financial information in lieu of summarized 78n, 78o(d), 78u–5, 78w(a), 78ll(d), 79e(b), average burden per form by financial information per year (29) by the estimated 79j(a), 79n, 79t(a), 80a–8, 80a–20, 80a–29, approximately five minutes.109 The number of filings on this form per year (10,392) and 80a–30, 80a–37(a), unless otherwise noted. amendments will also affect the multiplied that quotient (.00279) by the estimated number of hours to convert financials (16). To 2. Section 210.3–10 is revised to read inclusion of information in Exchange arrive at this number for Form 10–Q, we divided as follows: Act Forms 10, 10–SB, 10–K, 10–KSB, the estimated number of companies that will have 10–Q, 10–QSB and 20–F (OMB control to provide condensed consolidating financial § 210.3±10 Financial statements of numbers 3235–0064, 3235–0063, 3235– information in lieu of summarized financial guarantors and issuers of guaranteed information per year (29) by the estimated number 110 securities registered or being registered. 0070 and 3235–0288). We estimated of filings on this form per year (29,551) and the proposed rules would increase the multiplied that quotient (.0009814) by the estimated (a)(1) General rule. Every issuer of a number of hours to convert financials (16). To registered security that is guaranteed 104 15 U.S.C. 77g. arrive at this number for Form 10, we divided the and every guarantor of a registered 105 15 U.S.C. 77z–3. estimated number of companies that will have to provide condensed consolidating financial security must file the financial 106 15 U.S.C. 78mm. information in lieu of summarized financial 107 statements required for a registrant by 5 U.S.C. 605(b). information per year (.7) by the estimated number 108 Regulation S–X. 44 U.S.C. § 3501 et seq. of filings on this form per year (124) and multiplied 109 To arrive at this number, we divided the that quotient (.0056451) by the estimated number of (2) Operation of this rule. Paragraphs estimated number of companies that will have to hours to convert financials (16). To arrive at this (b), (c), (d), (e) and (f) of this section are provide condensed consolidating financial number for Form 20–F, we divided the estimated exceptions to the general rule of information in lieu of summarized financial number of companies that will have to provide paragraph (a)(1) of this section. Only information per year (29) by the estimated number condensed consolidating financial information in of filings on these forms per year (5,653) and lieu of summarized financial information per year one of these paragraphs can apply to a multiplied that quotient (.00513) by the estimated (1.7) by the estimated number of filings on this form single issuer or guarantor. Paragraph (g) number of hours to convert financials (16). per year (1,007) and multiplied that quotient of this section is a special rule for 110 In the last ten years, the Division of (.0015888) by the estimated number of hours to recently acquired issuers or guarantors Corporation Finance has responded to only one convert financials (16). that overrides each of these exceptions SAB 53 request in which the related offering was 112 15 U.S.C. 77j. registered on a small business issuer form. Given 113 15 U.S.C. 77t. for a specific issuer or guarantor. the size of issuers who generally issue guaranteed 114 Paragraph (h) of this section defines the debt, we do not expect that filers on Forms 10–SB, 15 U.S.C. 78l. 115 following terms used in this section: 10–QSB and 10–KSB are likely to issue such debt. 15 U.S.C. 78m. Therefore, we make no changes with respect to 116 15 U.S.C. 78o(d). 100% owned, full and unconditional, these forms. 117 15 U.S.C. 78w. annual report, quarterly report, no

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(4) The parent company’s financial (ii) The subsidiary issuer; statements are filed for the periods (iii) The guarantor subsidiaries of the Note to paragraph (a)(2). Where specified by §§ 210.3–01 and 210.3–02 parent company on a combined basis; paragraphs (b), (c), (d), (e) and (f) of this and include, in a footnote, condensed (iv) Any other subsidiaries of the section specify the filing of financial consolidating financial information for statements of the parent company, the parent company on a combined basis; financial statements of an entity that is not the same periods with a separate (v) Consolidating adjustments; and an issuer or guarantor of the registered column for: (vi) The total consolidated amounts. (i) The parent company; security cannot be substituted for those of the Notes to paragraph (d). parent company. (ii) The subsidiary issuer; (iii) Any other subsidiaries of the 1. Paragraph (d) applies in the same (3) Foreign private issuers. Where any parent company on a combined basis; manner whether the issuer is a finance provision of this section requires (iv) Consolidating adjustments; and subsidiary or an operating subsidiary. (v) The total consolidated amounts. 2. The condensed consolidating financial compliance with §§ 210.3–01 and 3–02, information described in paragraph (d)(4) a foreign private issuer may comply by Notes to paragraph (c). may omit the column for ‘‘any other providing financial statements for the 1. Instead of the condensed consolidating subsidiaries of the parent company on a periods specified by Item 8.A of Form financial information required by paragraph combined basis’’ if those other subsidiaries 20–F (§ 249.220f of this chapter). (c)(4), the parent company’s financial are minor. (b) Finance subsidiary issuer of statements may include a footnote stating, if 3. Paragraph (d) is available if a subsidiary securities guaranteed by its parent true, that the parent company has no issuer satisfies the requirements of this company. When a finance subsidiary independent assets or operations, the paragraph but for the fact that, instead of the issues securities and its parent company guarantee is full and unconditional, and any parent company guaranteeing the security, subsidiaries of the parent company other guarantees those securities, the the subsidiary issuer co-issued the security, than the subsidiary issuer are minor. The jointly and severally, with the parent registration statement, parent company footnote also must include the narrative company. In this situation, the narrative annual report, or parent company disclosures specified in paragraphs (i)(9) and information required by paragraph (i)(8) of quarterly report need not include (i)(10) of this section. this section must be modified accordingly. financial statements of the issuer if: 2. If the alternative disclosure permitted by 4. If all of the requirements in paragraph (1) The issuer is 100% owned by the Note 1 to this paragraph is not applicable (d) are satisfied except that the guarantee of parent company guarantor; because the parent company has independent a subsidiary is not joint and several with, as (2) The guarantee is full and assets or operations, the condensed applicable, the parent company’s guarantee consolidating financial information described or the guarantees of the parent company and unconditional; in paragraph (c)(4) may omit the column for (3) No other subsidiary of the parent the other subsidiaries, then each subsidiary ‘‘any other subsidiaries of the parent guarantor whose guarantee is not joint and company guarantees the securities; and company on a combined basis’’ if those other (4) The parent company’s financial several need not include separate financial subsidiaries are minor. statements, but the condensed consolidating statements are filed for the periods 3. Paragraph (c) is available if a subsidiary financial information should include a specified by §§ 210.3–01 and 210.3–02 issuer satisfies the requirements of this separate column for each guarantor whose and include a footnote stating that the paragraph but for the fact that, instead of the guarantee is not joint and several. issuer is a 100%-owned finance parent company guaranteeing the security, 5. Instead of the condensed consolidating subsidiary of the parent company and the subsidiary issuer co-issued the security, financial information required by paragraph jointly and severally, with the parent (d)(4), the parent company’s financial the parent company has fully and company. In this situation, the narrative statements may include a footnote stating, if unconditionally guaranteed the information required by paragraph (i)(8) of true, that the parent company has no securities. The footnote also must this section must be modified accordingly. include the narrative disclosures independent assets or operations, the (d) Subsidiary issuer of securities subsidiary issuer is a 100% owned finance specified in paragraphs (i)(9) and (i)(10) subsidiary of the parent company, the parent of this section. guaranteed by its parent company and one or more other subsidiaries of that company has guaranteed the securities, all of Note to paragraph (b). Paragraph (b) is parent company. When a subsidiary the parent company’s subsidiaries other than available if a subsidiary issuer satisfies the the subsidiary issuer have guaranteed the issues securities and both its parent securities, all of the guarantees are full and requirements of this paragraph but for the company and one or more other fact that, instead of the parent company unconditional, and all of the guarantees are subsidiaries of that parent company joint and several. The footnote also must guaranteeing the security, the subsidiary guarantee those securities, the issuer co-issued the security, jointly and include the narrative disclosures specified in severally, with the parent company. In this registration statement, parent company paragraphs (i)(9) and (i)(10) of this section. situation, the narrative information required annual report, or parent company quarterly report need not include (e) Single subsidiary guarantor of by paragraph (b)(4) must be modified securities issued by the parent company accordingly. financial statements of the issuer or any subsidiary guarantor if: of that subsidiary. When a parent (c) Operating subsidiary issuer of (1) The issuer and all subsidiary company issues securities and one of its securities guaranteed by its parent guarantors are 100% owned by the subsidiaries guarantees those securities, company. When an operating subsidiary parent company guarantor; the registration statement, parent issues securities and its parent company (2) The guarantees are full and company annual report, or parent guarantees those securities, the unconditional; company quarterly report need not registration statement, parent company (3) The guarantees are joint and include financial statements of the annual report, or parent company several; and subsidiary guarantor if: quarterly report need not include (4) The parent company’s financial (1) The subsidiary guarantor is 100% financial statements of the issuer if: statements are filed for the periods owned by the parent company issuer;

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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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Under these facts, you may wish to Appendix A—What Does ‘‘100% request a no-action letter from the Division PART 240ÐGENERAL RULES AND of Corporation Finance. REGULATIONS, SECURITIES Owned’’ Mean Under Rule 3–10? Example No. 7: Parent company owns EXCHANGE ACT OF 1934 Example No. 1: Parent company owns 100% of the voting shares of SubA. SubA has 100% of the voting shares of SubA. SubA outstanding securities convertible into its 7. The authority citation for part 240 owns 100% of the voting shares of Sub1. voting shares. These convertible securities continues to read, in part, as follows: Is SubA a 100%-owned subsidiary of the are held by a party that is not a 100%-owned parent company? Yes. subsidiary of the parent. Authority: 15 U.S.C. 77c, 77d, 77g, 77j, Is Sub1 a 100%-owned subsidiary of Is SubA a 100%-owned subsidiary of the 77s, 77z–2, 77eee, 77ggg, 77nnn, 77sss, 77ttt, SubA? Yes. parent company? No. 78c, 78d, 78f, 78i, 78j, 78j–1, 78k, 78k–1, 781, Is Sub1 an indirect, 100%-owned Example No. 8: Parent company owns 78m, 78n, 78o, 78p, 78q, 78s, 78u–5, 78w, subsidiary of the parent company? Yes. 100% of the voting shares of SubA. SubA has 78x, 7811(d), 78mm, 79q, 79t, 80a–20, 80a– Example No. 2: Parent company owns outstanding securities convertible into the 23, 80a–29, 80a–37, 80b–3, 80b–4 and 80b– 100% of the voting shares of SubA. SubA parent company’s voting shares. These 11, unless otherwise noted. owns 99% of the voting shares of Sub1. The convertible securities are held by a party that remaining 1% of the voting shares of Sub1 is not a 100%-owned subsidiary of the is owned by a party that is not a 100%- 8. Section 240.12h–5 is added to read parent. owned subsidiary of the parent company. as follows: Is SubA a 100%-owned subsidiary of the Is SubA a 100%-owned subsidiary of the parent company? Yes. § 240.12h±5 Exemption for subsidiary parent company? Yes. Example No. 9: Parent company owns issuers of guaranteed securities and Is Sub1 a 100%-owned subsidiary of 100% of the voting shares of SubA. SubA has subsidiary guarantors. SubA? No. outstanding options exercisable into its Is Sub1 an indirect, 100%-owned voting shares. These options are held by a (a) Any issuer of a guaranteed subsidiary of the parent company? No. party that is not a 100%-owned subsidiary of security, or guarantor of a security, that Example No. 3: Parent company owns 99% the parent. is permitted to omit financial statements of the voting shares of SubA. The remaining Is SubA a 100%-owned subsidiary of the by § 210.3–10 of Regulation S–X of this 1% of the voting shares of SubA are owned parent company? No. by a party that is not a 100%-owned chapter is exempt from the requirements Example No. 10: Parent company owns subsidiary of the parent company. SubA of Section 13(a) or 15(d) of the Act (15 100% of the voting shares of SubA. SubA has owns 100% of the voting shares of Sub1. U.S.C. 78m(a) or 78o(d)). outstanding options exercisable into the Is SubA a 100%-owned subsidiary of the parent company’s voting shares. These (b) Any issuer of a guaranteed parent company? No. options are held by a party that is not a security, or guarantor of a security, that Is Sub1 a 100%-owned subsidiary of 100%-owned subsidiary of the parent. would be permitted to omit financial SubA? Yes. Is SubA a 100%-owned subsidiary of the Is Sub1 an indirect, 100%-owned statements by § 210.3–10 of Regulation parent company? Yes. subsidiary of the parent company? No. S–X of this chapter, but is required to Example No. 11: Parent company owns Example No. 4: Parent company owns file financial statements in accordance 100% of the common stock of SubA. SubA 100% of the voting shares of SubA and 100% with the operation of § 210.3–10(g) of has a class of preferred stock outstanding. of the voting shares of SubB. SubA owns That preferred stock is 100% owned by a Regulation S–X of this chapter, is 60% of the voting shares of Sub1 and SubB party that is not a 100%-owned subsidiary of exempt from the requirements of owns 40% of the voting shares of Sub1. the parent company. The common equity has Section 13(a) or 15(d) of the Act (15 Is SubA a 100%-owned subsidiary of the full voting rights. The preferred stock is non- U.S.C. 78m(a) or 78o(d)). parent company? Yes. voting. Is SubB a 100%-owned subsidiary of the Is SubA a 100%-owned subsidiary of the PART 249ÐFORMS, SECURITIES parent company? Yes. parent company? Yes. EXCHANGE ACT OF 1934 Is Sub1 a 100%-owned subsidiary of SubA? No. Appendix B—Recently Acquired 9. The authority citation for Part 249 Is Sub1 a 100%-owned subsidiary of SubB? Subsidiary Issuers or Subsidiary continues to read, in part, as follows: No. Guarantors Is Sub1 an indirect, 100%-owned Authority: 15 U.S.C. 78a, et seq., unless subsidiary of the parent company? Yes. The following examples illustrate the otherwise noted. Example No. 5: Parent company owns application of Rule 3–10(g) in determining 100% of the voting shares of SubA. Parent the financial statements to be provided for 10. Effective September 30, 2000, company also owns 60% of the voting shares recently acquired subsidiary issuers or amend Form 20–F (referenced in of Sub1. SubA owns 40% of the voting shares subsidiary guarantors. For ease of use, we § 249.220f), first sentence of Instruction of Sub1. have included only subsidiary guarantor 1 of ‘‘Instructions to Item 8’’, by revising Is SubA a 100%-owned subsidiary of the examples in this appendix. You should note, the phrase ‘‘3–10 and 3–14’’ to read ‘‘3– parent company? Yes. however, that Rule 3–10(g) applies equally to 10, 3–14 and 3–16’’. Is Sub1 a 100%-owned subsidiary of subsidiary issuers and subsidiary guarantors. SubA? No. Each example is independent of the others. By the Commission. Is Sub1 an indirect, 100%-owned In each of the following examples, assume, Dated: August 4, 2000. subsidiary of the parent company? Yes. unless stated otherwise, that: • Margaret H. McFarland, Example No. 6: Parent company owns 99% Parent company registers an offering of of the voting shares of SubA. As required by its debt securities under the Securities Act. Deputy Secretary. the law in its home country, a director of The securities are guaranteed by one or more Note: Appendices A, B and C to the SubA owns the remaining 1% of the voting of its subsidiaries. preamble will not appear in the Code of shares of SubA. SubA owns 100% of the • Parent company and all acquired Federal Regulations. voting shares of Sub1. subsidiary guarantors have December 31

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Business D’s Required Financial Information: Pre- • All guarantees are full and purchase price exceeds 20% of the principal acquisition financial statements of Subsidiary unconditional. amount of the debt being registered. I are required. Subsidiary I is significant and • All guarantees are joint and several. Required financial information: Pre- has not been included in its parent • Each subsidiary’s purchase price exceeds acquisition financial statements of Business company’s consolidated financial statements its net book value at its fiscal year end D are required. Although Subsidiary for nine months of the most recent fiscal preceding the date of acquisition. The Guarantor X has been included in the year. Audited financial statements of purchase price is used for testing consolidated financial statements for more Subsidiary I for its most recent fiscal year significance. than nine months of the most recent fiscal preceding the acquisition are required. The This Appendix addresses only the year, Business D is considered a predecessor 75 day post-consummation period generally requirements of Rule 3–10(g) of Regulation of Subsidiary Guarantor X. Audited financial available to a recently acquired business S–X. In each example, audited financial statements of Business D for its most recent under Rule 3–05 is not applicable to Rule 3– statements for additional periods may be fiscal year preceding the acquisition and 10(g). required by Rule 3–05 of Regulation S–X. subsequent unaudited interim financial Example No. 8: Acquisition of Significant Example No. 1: Significant acquired statements are required. Guarantor Not Yet Consummated. guarantor included more than nine months . Example No. 5: Acquisition of multiple Parent company contemplates the Subsidiary A was acquired on March 1, related guarantors. acquisition of Business J. If acquired, and has been included in its parent Subsidiaries E and F were acquired on Business J will become a subsidiary company’s audited consolidated financial August 1, and have been included in their guarantor of the debt securities being statements for ten months of the most recent parent company’s audited consolidated registered. Consummation has not occurred fiscal year. Subsidiary A’s purchase price financial statements for five months of the at the time of effectiveness of the registration exceeds 20% of the principal amount of the most recent fiscal year. Consummation of statement. Business J’s purchase price would debt being registered. each acquisition was conditioned upon the exceed 20% of the principal amount of the Required financial information: No pre- other. debt being registered. acquisition financial statements of Subsidiary Subsidiary E and F’s purchase prices were Required Financial Information: Pre- A are required. Although Subsidiary A’s 12% and 17% of the principal amount of the acquisition financial statements of Business J purchase price exceeds 20% of the principal debt being registered, respectively. are not required under Rule 3–10(g). Business amount of the debt being registered, financial Required financial information: Pre- J is not a guarantor at the time of statements may be omitted because acquisition financial statements of effectiveness of the registration statement. Subsidiary A has been included in its parent Subsidiaries E and F are required. Because However, as for all businesses to be acquired, company’s audited consolidated financial the acquisitions are related, their individual the parent company must separately evaluate statements for more than nine months of the significance levels must be aggregated. Their whether pre-acquisition financial statements most recent fiscal year. aggregate purchase price exceeds 20% of the of Business J are required by Rule 3–05. Example No. 2: Significant acquired principal amount of the debt being registered. Example No. 9: Significant Guarantor in a guarantor included less than nine months. If Subsidiaries E and F were under common Pooling of Interests. Subsidiary B was acquired on September 1, control or management before their Subsidiary K became a subsidiary on and has been included in its parent acquisition, combined financial statements December 1 in a pooling of interests company’s audited consolidated financial may be presented. Otherwise, separate transaction. As a result of application of the statements for four months of the most recent financial statements are required. Audited pooling of interests method, Subsidiary K is fiscal year. Subsidiary B’s purchase price financial statements of Subsidiaries E and F included retroactively in its parent exceeds 20% of the principal amount of the for their most recent fiscal years preceding company’s audited consolidated financial debt being registered. the acquisition and subsequent unaudited statements for all three years. Subsidiary K’s Required financial information: Pre- interim financial statements are required. net book value exceeds 20% of the principal acquisition financial statements of Subsidiary Example No. 6: Acquisition of multiple amount of the debt being registered. B are required. Subsidiary B is significant unrelated guarantors. Required Financial Information: Pre- and has been included in its parent Subsidiary G was acquired on May 1, and acquisition financial statements of Subsidiary company’s audited consolidated financial Subsidiary H was acquired on June 1. K are not required. Inclusion of Subsidiary K statements for less than nine months of the Subsidiaries G and H have been included in in its parent company’s condensed most recent fiscal year. Audited financial their parent company’s audited consolidated consolidating financial information under statements of Subsidiary B for its most recent financial statements for eight and seven Rule 3–10 for all periods presented satisfies fiscal year preceding the acquisition and months of the most recent fiscal year, the requirements of Rule 3–10(g). subsequent unaudited interim financial respectively. The acquisitions are not related Appendix C—Who Is the ‘‘Parent statements are required. by common ownership, common Company’’ Under Rule 3–10? Example No. 3: Insignificant acquired management, or common conditions to guarantor. Subsidiary C was acquired on July consummation. Subsidiary G and H’s Example No. 1: 1, and has been included in its parent purchase prices were 11% and 18% of the • Company A is an Exchange Act reporting company’s audited consolidated financial principal amount of the debt being registered, company. statements for six months of the most recent respectively. • Company A owns 100% of Company B. fiscal year. Subsidiary C’s purchase price is Required financial information: Pre- • Company B is not an Exchange Act less than 20% of the principal amount of the acquisition financial statements of reporting company. debt being registered. Subsidiaries G and H are not required. • Company B issues securities. Required financial information: Pre- Because the acquisitions are unrelated, their • Company A guarantees those securities. acquisition financial statements of Subsidiary significance levels are assessed individually. • No other company in this corporate C are not required because Subsidiary C’s Each subsidiary is less than 20% of the structure co-issues or guarantees the purchase price is less than 20% of the principal amount of the debt being registered. securities. principal amount of the debt being registered. Example No. 7: Very Recent Acquisition of Company A is the ‘‘parent company’’ for Example No. 4: Acquisition of significant Significant Guarantor. purposes of applying Rule 3–10 to the subject business by pre-existing guarantor. Subsidiary I was acquired on April 1, after securities. The assets and operations of Business D the end of the parent company’s most recent Example No. 2: were acquired on October 1, and have been fiscal year. Subsidiary I is not yet included • Company A is an Exchange Act reporting included in its parent company’s audited in the parent company’s audited company.

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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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Revisions to Narrow the Scope of improvement in response to our efforts One frequently expressed concern was that Regulation FD would not lead Regulation FD to focus attention on the problem,14 we to broader dissemination of information, Nevertheless, to provide even greater believe this is a positive development. but would in fact have a ‘‘chilling protection against the possibility of However, these voluntary steps, while effect’’ on the disclosure of information inappropriate liability, and to guard laudable, have been far from fully by issuers.17 In the view of these further against the likelihood of any effective. We note, for example, that all commenters, issuers would find it so chilling effect resulting from the of the public reports of selective difficult to determine when a disclosure regulation, we have modified Regulation disclosure cited above occurred after the of information would be ‘‘material’’ (and FD in several respects. Commission had begun to focus public therefore subject to the regulation) that, First, we have narrowed the scope of attention on issuer selective disclosure. rather than face potential liability and the regulation so that it does not apply Some occurred even after we proposed other consequences of violating to all communications with persons Regulation FD. This suggests that the Regulation FD, they would cease outside the issuer. The regulation will problematic practices targeted by informal communications with the apply only to communications to Regulation FD are continuing to occur. outside world altogether.18 Some of securities market professionals and to Finally, the overwhelming support from these commenters therefore any holder of the issuer’s securities investors for Regulation FD recommended that the Commission not under circumstances in which it is demonstrates a strong perception among adopt any mandatory rule prohibiting reasonably foreseeable that the security the investing public that selective selective disclosure, like Regulation FD, holder will trade on the basis of the disclosure is a significant problem, and but instead pursue voluntary means of information. Second, we have narrowed the types shows a corresponding need to prohibit addressing the problem, such as of issuer personnel covered by the this practice in order to bolster investor interpretive guidance, or the promotion of a ‘‘blue ribbon’’ panel to develop best regulation to senior officials and those confidence in the fairness of the practices for issuer disclosure. Other persons who regularly communicate disclosure process. commenters recommended various with securities market professionals or Some commenters contended that ways that Regulation FD could be made with security holders. The effect of rulemaking on this topic was an narrower or more well-defined, in order these first two changes is that inappropriately broad response to the to ameliorate some of the concerns Regulation FD will not apply to a issue.15 They suggested instead that we about chilling. Other commenters, variety of legitimate, ordinary-course use existing tools (namely, the law of however, took issue with the business communications or to insider trading) to bring individual supposition that issuer disclosures disclosures to the media. enforcement actions in those cases that would be chilled. As some commenters Third, to remove any doubt that appear to involve significant selective stated, the marketplace simply would private liability will not result from a disclosures. While we have considered not allow issuers to cease Regulation FD violation, we have this approach—and of course we remain communications with analysts and revised Regulation FD to make 19 free to bring such cases where a security holders. absolutely clear that it does not selective disclosure does violate insider We have considered these views establish a duty for purposes of Rule carefully. As discussed in the Proposing trading laws—we do not agree that this 10b–5 under the Securities Exchange Release, we are mindful of the concerns Act of 1934 (‘‘Exchange Act’’). The is the appropriate response to the legal about chilling issuer disclosure; we regulation now includes an express uncertainties posed by current insider agree that the market is best served by provision in the text stating that a trading law. In other contexts, we have more, not less, disclosure of information failure to make a disclosure required been criticized for attempting to ‘‘make by issuers. Because any potential ‘‘chill’’ solely by Regulation FD will not result new law’’ in an uncertain area by means is most likely to arise—if at all—from in a violation of Rule 10b–5. of enforcement action and urged instead the fear of legal liability, we included in Fourth, we have made clear that to seek to change the law through proposed Regulation FD significant where the regulation speaks of notice-and-comment rulemaking. We safeguards against inappropriate ‘‘knowing or reckless’’ conduct, liability believe that this rulemaking is the more liability. Most notably, we stated that will arise only when an issuer’s careful and considered response to the the regulation would not provide a basis personnel knows or is reckless in not knowing that the information selectively 13 NIRI Executive Alert, Most Corporate 16 We note, in addition, that if we were successful disclosed is both material and Conference Calls Are Now Open to Individual in enforcement actions charging selective nonpublic. This will provide additional disclosures as a form of fraudulent insider trading, Investors and the Media, Feb. 29, 2000. assurance that issuers will not be 14 See, e.g., Remarks of Chairman Arthur Levitt to the in terrorem effect of that success (and the the ‘‘SEC Speaks’’ Conference, ‘‘A Question of consequent chilling effect on issuers) would second-guessed on close materiality Integrity: Promoting Investor Confidence by certainly be far greater than the impact of the more judgments. Neither will we, nor could Fighting Insider Trading’’ (Feb. 27, 1998); Remarks measured approach we adopt today. 17 we, bring enforcement actions under of Commissioner Isaac C. Hunt, Jr., ‘‘Navigating the See, e.g., Letters of the Securities Industry Regulation FD for mistaken materiality Sea of Communications’’ (Feb. 26, 1999); Remarks Association, Sullivan and Cromwell, the of Commissioner Laura S. Unger, ‘‘Corporate Association for Investment Management and determinations that were not reckless. Communications Without Violations: How Much Research, Merrill Lynch, and the New York City Bar Fifth, we have expressly provided that Should Issuers Tell Their Analysts and When’’ Association. a violation of Regulation FD will not (Apr. 23, 1999). Copies of these speeches are 18 See, e.g., Letters of the Securities Industry lead to an issuer’s loss of eligibility to available on the SEC’s website at www.sec.gov. Association, the Association for Investment 15 See, e.g., Letters of the Securities Industry Management and Research, and Merrill Lynch. use short-form registration for a Association, The Bond Market Association, and the 19 See, e.g., Letters of the United Kingdom Listing securities offering or affect security American Bar Association. Authority, Chris Kallaher, and Joseph L. Toenjes. holders’ ability to resell under Rule 144

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The regulation is designed to onerous. information selectively disclosed was address the core problem of selective We have made two other significant both material and nonpublic. disclosure made to those who would changes to the scope of Regulation FD, We have modified several of the key reasonably be expected to trade which, while not specifically addressed securities on the basis of the terms in the regulation that serve to to concerns about chilling disclosure, information or provide others with define its precise scope and effect. We narrow its scope. In response to advice about securities trading. discuss the key provisions of the concerns about the interplay of Accordingly, Rule 100(a) of Regulation regulation below. Regulation FD with the Securities Act FD, as adopted, makes clear that the disclosure regime, we have expressly 1. Scope of Communications and Issuer general rule against selective disclosure excluded from the scope of the Personnel Covered by the Regulation applies only to disclosures made to the regulation communications made in categories of persons enumerated in connection with most securities As proposed, Regulation FD would Rule 100(b)(1). offerings registered under the Securities have applied to any disclosure of Rule 100(b)(1) enumerates four Act. We believe that the Securities Act material nonpublic information made by categories of persons to whom selective already accomplishes most of the policy an issuer, or person acting on its behalf, disclosure may not be made absent a goals of Regulation FD for purposes of to ‘‘any person or persons outside the specified exclusion. The first three are registered offerings, and we will issuer.’’ A number of commenters stated securities market professionals—(1) consider this topic in the context of a that, as proposed, Regulation FD was broker-dealers and their associated broader Securities Act rulemaking. Also, too broad in its coverage of disclosures persons, (2) investment advisers, certain we have eliminated foreign governments to ‘‘any person or persons outside the institutional investment managers 24 and foreign private issuers from the issuer,’’ and in its definition of ‘‘person and their associated persons, and (3) coverage of the regulation. acting on behalf of an issuer.’’ We are investment companies, hedge funds,25 With these changes, we believe persuaded that these comments have and affiliated persons.26 These Regulation FD strikes an appropriate merit, and thus we have modified the categories will include sell-side balance. It establishes a clear rule scope of the regulation in several analysts, many buy-side analysts, large prohibiting unfair selective disclosure respects. institutional investment managers, and and encourages broad public disclosure. a. Disclosures to Enumerated Persons. other market professionals who may be Yet it should not impede ordinary- Commenters stated that if Regulation FD likely to trade on the basis of selectively course business communications or applied to disclosures made to ‘‘any disclosed information. The fourth expose issuers to liability for non- person’’ outside the issuer, it would 23 intentional selective disclosure unless inappropriately interfere with ordinary- See, e.g., Letters of the American Corporate the issuer fails to make public Counsel Association, the American Society of course business communications with disclosure after it learns of it. Regulation Corporate Secretaries, the DC Bar, and Sullivan parties such as customers, suppliers, Cromwell. FD, therefore, should promote full and strategic partners, and government 24 Rule 100(b)(1)(ii) includes an ‘‘institutional fair disclosure of information by issuers regulators.20 In addition, several media investment manager’’ as defined in Section 13(f)(5) and enhance the fairness and efficiency of the Exchange Act (15 U.S.C. 78m(f)(5)) that filed organizations and rating agencies of our markets. a Form 13F for the most recent quarter of the year. commented that the regulation should Generally, institutional investment managers are B. Discussion of Regulation FD not apply to disclosures made to the required to report on Form 13F if they exercise investment discretion with respect to accounts Rule 100 of Regulation FD sets forth press, or to rating agencies for purposes holding publicly traded equity securities having an 21 the basic rule regarding selective of securities ratings. Overall, aggregate market value of at least $100 million. See disclosure. Under this rule, whenever: commenters suggested various ways to Exchange Act Rule 13F–1, 17 CFR 240.13f–1. (1) an issuer, or person acting on its narrow the scope of the regulation, 25 Rule 100(b)(1)(iii) includes hedge funds by including providing specific exclusions covering persons who would be categorized as behalf, investment companies but for the exclusions from (2) discloses material nonpublic for various types of recipients of the definition of investment company set forth in information, information,22 or expressly limiting the Sections 3(c)(1) or 3(c)(7) of the Investment (3) to certain enumerated persons (in regulation’s coverage to persons such as Company Act (15 U.S.C. 80a–3(c)(1) or 80a–3(c)(7)). general, securities market professionals securities analysts, market 26 With one exception, we are using the definitions of these terms provided in the federal or holders of the issuer’s securities who professionals, institutional investors, or securities laws. With respect to investment may well trade on the basis of the others who regularly make or would companies and hedge funds, the definition of information), reasonably be expected to make ‘‘affiliated person’’ that we provide for purposes of (4) the issuer must make public Regulation FD is somewhat narrower than the definition of that term provided in Section 2(a)(3) disclosure of that same information: 20 See, e.g., Letters of the American Bar of the Investment Company Act (15 U.S.C. 80a– (a) simultaneously (for intentional Association, the American Corporate Counsel 2(a)(3)). The Regulation FD definition does not disclosures), or Association, the DC Bar, the American Society of include the persons included in Section 2(a)(3)(A) (b) promptly (for non-intentional Corporate Secretaries, and the Securities Industry and (B)—i.e., persons who own or control 5% of the disclosures). Association. voting securities of an investment company, or 21 Letters of Dow Jones, Moody’s, and Standard companies in which the investment company owns As a whole, the regulation requires and Poors. or controls 5% of the voting securities. We believe that when an issuer makes an 22 See, e.g., Letters of Dow Jones (suggesting that these persons should not be included among intentional disclosure of material exclusion for ‘‘bona fide news organizations’’); those to whom selective disclosure is prohibited, nonpublic information to a person Standard and Poors (suggesting exclusion for the because they are not ordinarily persons who will disclosure to rating agencies when information exercise influence or control over an investment covered by the regulation, it must do so provided in connection with rating process); and company’s investment decisions, or be used as in a manner that provides general public the Securities Industry Association (suggesting conduits for transmission of selectively disclosed disclosure, rather than through a exclusion for disclosure to government recipients). information.

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Thus, as a whole, Rule and the entity’s ratings are publicly who regularly communicates with any 100(b)(1) will cover the types of persons available. As discussed by of the persons described in Rule most likely to be the recipients of commenters,30 ratings organizations 100(b)(1)(i), (ii), or (iii), or with the improper selective disclosure, but often obtain nonpublic information in issuer’s security holders.35 By revising should not cover persons who are the course of their ratings work. We are the definition in this manner, we engaged in ordinary-course business not aware, however, of any incidents of provide that the regulation will cover communications with the issuer, or selective disclosure involving ratings senior management, investor relations interfere with disclosures to the media organizations. Ratings organizations, professionals, and others who regularly or communications to government like the media, have a mission of public interact with securities market agencies.27 disclosure; the objective and result of professionals or security holders.36 Of Rule 100(b)(2) sets out four exclusions the ratings process is a widely available course, neither an issuer nor such a from coverage. The first, as proposed, is publication of the rating when it is covered person could avoid the reach of for communications made to a person completed. And under this provision, the regulation merely by having a non- who owes the issuer a duty of trust or for the exclusion to apply, the ratings covered person make a selective confidence—i.e., a ‘‘temporary organization must make its credit disclosure. Thus, to the extent that insider’’—such as an attorney, ratings publicly available. For these another employee had been directed to investment banker, or accountant. The reasons, we believe it is appropriate to make a selective disclosure by a member second exclusion is for communications provide this exclusion from the of senior management, that member of made to any person who expressly coverage of Regulation FD. senior management would be agrees to maintain the information in The fourth exclusion from coverage is responsible for having made the 28 confidence. Any misuse of the for communications made in connection selective disclosure. See Section 20(b) of information for trading by the persons with most offerings of securities the Exchange Act. In addition, as was in these two exclusions would thus be registered under the Securities Act. We proposed, the definition expressly states covered under either the ‘‘temporary discuss this exclusion in greater detail that a person who communicates insider’’ or the misappropriation theory in Part II.B.6 below. material nonpublic information in of insider trading. This approach b. Disclosures by a Person Acting on breach of a duty to the issuer would not an Issuer’s Behalf. As proposed, recognizes that issuers and their be considered to be acting on behalf of Regulation FD defined any ‘‘person officials may properly share material the issuer. Thus, an issuer is not acting on behalf of an issuer’’ as ‘‘any nonpublic information with outsiders, responsible under Regulation FD when officer, director, employee, or agent of for legitimate business purposes, when one of its employees improperly trades an issuer, who discloses material the outsiders are subject to duties of or tips.37 confidentiality.29 nonpublic information while acting within the scope of his or her 34 ‘‘Senior official’’ is defined in Rule 101(f) as 27 While it is conceivable that a representative of authority.’’ A number of commenters any director, executive officer, investor relations or a customer, supplier, strategic partner, news stated that this definition was too broad public relations officer, or other person with similar organization, or government agency could be a and should be limited to ‘‘senior functions. See Section II.B.3.b below. In the case of security holder of the issuer, it ordinarily would not a closed-end investment company, Regulation FD be foreseeable for the issuer engaged in an ordinary- officials,’’ to designated or authorized also defines the term ‘‘person acting on behalf of an course business-related communication with that spokespersons, or in some other issuer’’ to include a senior official of the issuer’s person to expect the person to buy or sell the manner.31 One commenter said that the issuer’s securities on the basis of the investment adviser. 35 communication. Indeed, if such a person were to definition should be broader to prevent See Rule 101(c). For a closed-end investment 32 trade on the basis of material nonpublic information evasion. One commenter stated that if company subject to Regulation FD, an ‘‘agent’’ of obtained in his or her representative capacity, the the scope of Regulation FD were limited the issuer would include a director, officer, or person likely would be liable under the employee of the investment company’s investment to disclosures to analysts and adviser or other service provider who is acting as misappropriation theory of insider trading. institutional investors, then the 28 This agreement to maintain confidentiality an agent of the issuer. must be express. However, this is not a requirement definition of ‘‘person acting on behalf of 36 By including those who ‘‘regularly’’ for a written agreement; an express oral agreement an issuer’’ would be appropriate.33 communicate with securities market professionals will suffice. In addition, it will not be necessary for and security holders, the rule focuses on those the issuer to obtain a confidentiality agreement whose job responsibilities include dealing with to whom would be covered by Regulation FD). For before making the disclosure. An agreement securities market professionals and security example, if an issuer shares information with an obtained after the disclosure is made, but before the holders, acting in those capacities. It does not cover investment banker subject to a duty of trust or recipient of the information discloses or trades on every employee who may occasionally confidence or an express confidentiality agreement, the basis of it, will be sufficient. In this manner, an communicate with an analyst or security holder. the issuer will not be deemed to be sharing the issuer who has mistakenly made a selective Thus, if an analyst sought to ferret out information information with other parts of the investment disclosure of material information may try to avoid about an issuer’s business by quizzing a store banker’s firm (e.g., sell-side analyst or sales force any harm resulting from the selective disclosure by manager on how business was going, the store personnel). Conversely, the fact that a duty of trust obtaining from the recipient of that disclosure an manager’s response ordinarily would not trigger any or confidence or a confidentiality agreement agreement not to disclose or trade on the basis of Regulation FD obligations. Similarly, an employee the information. specifically covers disclosure to the investment who routinely dealt with customers or suppliers banker does not permit disclosure to others within 29 These first two exclusions recognize that an would not come within this definition merely the investment banker’s firm. issuer may have a confidentiality agreement with, because one of these customers or suppliers also 30 or be owed a duty of trust or confidence by, an Letters of The Bond Market Association, happened to be a security holder of the issuer. individual or group within a larger organization. In Moody’s, and Standard and Poors. 37 As noted in the Proposing Release, in such a that situation, the issuer can share material 31 Letters of the American Bar Association, the case the employee’s potential liability will depend nonpublic information with the individual or group American Corporate Counsel Association, and on existing insider trading law and relevant that owes it the duty of confidentiality, even though Cleary gottlieb. doctrines of controlling person liability. See, e.g., there may be other persons in the organization who 32 Letter of PricewaterhouseCoopers. Sections 20A and 21A of the Exchange Act, 15 do not owe the issuer such a duty (and disclosure 33 Letter of the Business Roundtable. U.S.C. 78t–1 and 78u–1.

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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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This definition was information was not material. boundary for prompt disclosure is the designed to permit issuers to make use Commenters recommended amending later of 24 hours or the commencement of current technologies, such as Item 5 of Form 8–K to include required of the next day’s trading on the New webcasting of conference calls, that Regulation FD disclosures.66 Some York Stock Exchange, after a senior provide broad public access to issuer commenters also suggested that official learns of the disclosure and disclosure events. Regulation FD submissions on Form 8– knows (or is reckless in not knowing) Commenters generally favored the K should not be treated as ‘‘filed’’ for that the information disclosed was flexible approach provided by Rule purposes of the Exchange Act. material and nonpublic. Thus, if a non- 101(e). The American Society of In light of these comments, we intentional selective disclosure of Corporate Secretaries and the Financial provide that either filing or furnishing material, nonpublic information is Executives Institute, among others, information on Form 8–K solely to discovered after the close of trading on agreed that the definition should not satisfy Regulation FD will not, by itself, Friday, for example, the outer boundary stipulate particular means of technology be deemed an admission as to the for making public disclosure is the used for public disclosure. Individual materiality of the information. In beginning of trading on the New York investors supported the idea that issuers addition, while we retain a separate Stock Exchange on Monday. should open their conference calls to Item, we also are modifying Item 5 of Commenters also expressed differing the public through means such as Form 8–K to address commenters’ views on the definition of ‘‘senior webcasting over the Internet. Some concerns. As revised, issuers may official’’ contained in the regulation. We commenters, however, raised the choose either to ‘‘file’’ a report under are adopting this definition as concern that conference calls or Item 5 of Form 8–K or to ‘‘furnish’’ a proposed.61 However, in response to webcasts should not be permitted to report under Item 9 of Form 8–K that comments, we have provided greater supplant the use of press releases as will not be deemed ‘‘filed.’’ If an issuer clarity as to when the duty to make means of disclosing material chooses to file the information on Form ‘‘prompt’’ disclosure begins. The information.63 Others suggested that we 8–K,67 the information will be subject to requirement to make prompt disclosure provide that an issuer’s posting of liability under Section 18 of the is triggered when a senior official of the information on its website should also Exchange Act. The information also will issuer learns that there has been a non- be considered sufficient Regulation FD be subject to automatic incorporation by intentional disclosure of information by disclosure.64 reference into the issuer’s Securities Act the issuer or a person acting on behalf After considering the range of registration statements, which are of the issuer that the senior official comments on this issue, we have subject to liability under Sections 11 knows, or is reckless in not knowing, is determined to adopt a slightly modified and 12(a)(2) of the Securities Act. If an both material and non-public.62 Similar definition of ‘‘public disclosure’’ that issuer chooses instead to furnish the to the language contained in the would provide even greater flexibility to information,68 it will not be subject to definition of ‘‘intentional,’’ discussed issuers in determining the most liability under Section 11 of the above, this language is designed to make appropriate means of disclosure. As Securities Act or Section 18 of the clear that the requirements of the adopted, Rule 101(e) states that issuers Exchange Act for the disclosure, unless regulation are only triggered when a can make public disclosure for purposes it takes steps to include that disclosure responsible issuer official (1) learns that of Regulation FD by filing or furnishing in a filed report, proxy statement, or certain information has been disclosed, a Form 8–K, or by disseminating registration statement. All disclosures (2) knows (or is reckless in not knowing) information ‘‘through another method on Form 8–K, whether filed or that the information disclosed is (or combination of methods) of furnished, will remain subject to the material, and (3) knows (or is reckless disclosure that is reasonably designed to antifraud provisions of the federal in not knowing) that the information provide broad, non-exclusionary securities laws. disclosed is nonpublic. distribution of the information to the b. Alternative Methods of Public public.’’ Disclosure. We are recognizing 4. ‘‘Public Disclosure’’ Required by a. Form 8–K Disclosure. Commenters Regulation FD alternative methods of public disclosure generally opposed the proposed new to give issuers the flexibility to choose Rule 101(e) defines the type of Item 10 of Form 8–K based, in large another method (or a combination of ‘‘public disclosure’’ that will satisfy the part, on a concern that people would methods) of disclosure that will achieve requirements of Regulation FD. As construe a separate Item 10 filing as an the goal of effecting broad, non- proposed, Rule 101(e) gave issuers admission that the disclosed exclusionary distribution of information 65 considerable flexibility in determining information is material. In light of the to the public.69 how to make required public disclosure. As a general matter, acceptable The proposal stated that issuers could 63 See, e.g., Letters of Business Wire, the Society methods of public disclosure for meet Regulation FD’s ‘‘public of American Business Editors and Writers, PR Newswire, and the National Federation of Press disclosure’’ requirement by filing a Women. 66 Item 5 is used for optional reporting of any Form 8–K, by distributing a press 64 See, e.g., Letters of the American Corporate information not required to be reported by a release through a widely disseminated Counsel Association, the American Society of company. news or wire service, or by any other Corporate Secretaries, the Business Roundtable, 67 A company must designate in the Form 8–K that it is filing under Item 5 in this case. non-exclusionary method of disclosure Intel, and Dow Chemical. 65 See, e.g., Letters of the American Corporate 68 A company must designate in the Form 8–K Counsel Association, the American Society of that it is furnishing information under Item 9 in this 61 Rule 101(f). Corporate Secretaries, Cleary Gottlieb, and the case. 62 Rule 101(d). National Investors Relations Institute. 69 Rule 101(e)(2).

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We release to a variety of media outlets and/ attend or listen to either in person, by note that several issuer commenters or retains the press release. telephonic transmission, or by other indicated that many companies already We also caution issuers that a electronic transmission (including use follow this or a similar model for deviation from their usual practices for of the Internet). The public must be making planned disclosures.72 given adequate notice of the conference In the Proposing Release, we stated making public disclosure may affect our or call and the means for accessing it. that an issuer’s posting of new judgment as to whether the method they The regulation does not require use of information on its own website would have chosen in a particular case was a particular method, or establish a ‘‘one not by itself be considered a sufficient reasonable. For example, if an issuer size fits all’’ standard for disclosure; method of public disclosure. As typically discloses its quarterly earnings rather, it leaves the decision to the technology evolves and as more results in regularly disseminated press issuer to choose methods that are investors have access to and use the releases, we might view skeptically an reasonably calculated to make effective, Internet, however, we believe that some issuer’s claim that a last minute webcast broad, and non-exclusionary public issuers, whose websites are widely of quarterly results, made at the same disclosure, given the particular followed by the investment community, time as an otherwise selective circumstances of that issuer. Indeed, we could use such a method. Moreover, disclosure of that information, provided have modified the language of the while the posting of information on an effective broad, non-exclusionary public regulation to note that the issuer may issuer’s website may not now, by itself, disclosure of the information.74 In short, use a method ‘‘or combination of be a sufficient means of public an issuer’s methods of making methods’’ of disclosure, in recognition disclosure, we agree with commenters disclosure in a particular case should be of the fact that it may not always be that issuer websites can be an important judged with respect to what is possible or desirable for an issuer to rely component of an effective disclosure ‘‘reasonably designed’’ to effect broad, on a single method of disclosure as process. Thus, in some circumstances non-exclusionary distribution in light of reasonably designed to effect broad an issuer may be able to demonstrate all the relevant facts and circumstances. public disclosure. that disclosure made on its website We believe that issuers could use the could be part of a combination of 5. Issuers Subject to Regulation FD following model, which employs a methods, ‘‘reasonably designed to Regulation FD will apply to all issuers combination of methods of disclosure, provide broad, non-exclusionary with securities registered under Section for making a planned disclosure of distribution’’ of information to the 12 of the Exchange Act, and all issuers material information, such as a 73 public. required to file reports under Section scheduled earnings release: We emphasize, however, that while 15(d) of the Exchange Act, including • First, issue a press release, Rule 101(e) gives an issuer considerable closed-end investment companies, but distributed through regular channels, flexibility in choosing appropriate not including other investment containing the information; 70 methods of public disclosure, it also • companies, foreign governments, or Second, provide adequate notice, by places a responsibility on the issuer to foreign private issuers. a press release and/or website posting, choose methods that are, in fact, of a scheduled conference call to ‘‘reasonably designed’’ to effect a broad As written, proposed Regulation FD discuss the announced results, giving and non-exclusionary distribution of would have applied to foreign sovereign investors both the time and date of the information to the public. In debt issuers required to file reports conference call, and instructions on determining whether an issuer’s method under the Exchange Act. Today’s how to access the call; and of making a particular disclosure was Regulation FD excludes these issuers • Third, hold the conference call in reasonable, we will consider all the from coverage. Proposed Regulation FD an open manner, permitting investors to relevant facts and circumstances, also would have applied to foreign listen in either by telephonic means or recognizing that methods of disclosure private issuers. However, the 71 through Internet webcasting. that may be effective for some issuers Commission has determined to exempt By following these steps, an issuer may not be effective for others. If, for foreign private issuers at this time as it can use the press release to provide the example, an issuer knows that its press has in the past exempted them from initial broad distribution of the releases are routinely not carried by certain U.S. reporting requirements such information, and then discuss its release major business wire services, it may not as Forms 10–Q and 8–K. Today’s global be sufficient for that issuer to make markets pose new regulatory issues. In 70 We do not share the concerns of some commenters that Regulation FD will lead to press public disclosure solely by submitting recognition of this fact, the Commission releases being supplanted as a regular means of its press release to one of these wire will be undertaking a comprehensive corporate disclosure. In many cases, a widely- services; the issuer in these review of the reporting requirements of disseminated press release will provide the best circumstances should use other or foreign private issuers.75 In the interim, way for an issuer to provide broad, non- exclusionary disclosure of information to the additional methods of dissemination, we remind foreign private issuers of public. Moreover, we note that self-regulatory their obligations to make timely organization (‘‘SRO’’) rules typically require 72 See Letters of Intel, Charles Schwab, and the disclosure of material information companies to issue press releases to announce Business Roundtable. pursuant to applicable SRO rules and material developments. We believe that these rules 73 We believe that if an issuer is using a webcast are appropriate, and do not intend Regulation FD or conference call as part of its method of effecting to alter or supplant the SRO requirements. public distribution, it should consider providing a 74 This is not to say, however, that an issuer may 71 Giving the public the opportunity to listen to means of making the webcast or call available for not change its usual practices on an ongoing basis the call does not also require that the issuer give some reasonable period of time. This will enable rather than in isolated instances. all members of the public the opportunity to ask persons who missed the original webcast or call to 75 The Commisssion has asked the Division of questions. access the disclosures made therein at a later time. Corporation Finance to undertake this review.

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We are satisfied that engaged in an unregistered securities jurisdictional requirements of, the the Securities Act already accomplishes offering does not have the same antifraud provisions of the federal at least some of the policy imperative of discipline imposed under the Securities securities laws.77 Regulation FD within the context of a Act to merge material information into 6. Securities Act Issues registered offering. Thus, with limited its public disclosure. While we have exceptions, Regulation FD as adopted carefully considered the concerns a. The Operation of Regulation FD does not apply to disclosures made in expressed by commenters, we believe During Securities Offerings. As connection with a securities offering that Regulation FD should not provide proposed, Regulation FD would have registered under the Securities Act.80 an exception for communications made applied to disclosures made by a In reaching this conclusion, we also in connection with an unregistered reporting company in connection with note that our Division of Corporation offering. We believe that reporting an offering under the Securities Act. Finance is currently involved in a companies making unregistered Commenters expressed a number of systematic review of the Securities Act offerings should either publicly disclose concerns about tensions they perceived disclosure system as it relates to the material information they disclose in the interplay of the disclosure communications during the offering nonpublicly or protect against misuse of requirements of Regulation FD and process. To the extent selective that information by having those who those of the Securities Act.78 disclosure concerns arise in connection receive it agree to maintain it in With respect to public offerings, with registered offerings of securities, confidence. commenters worried that a public we believe it would be more appropriate If a reporting issuer releases material disclosure mandated by Regulation FD to consider that impact in the context of information nonpublicly during an could violate Section 5 of the Securities a broader Securities Act rulemaking. unregistered offering with no such Act. Section 5 places limitations on the In creating the exclusion for registered understanding about confidentiality, we type of disclosures that may be made at offerings, we have defined for purposes believe that disclosure under Regulation various intervals during a registered of Regulation FD when those offerings FD is appropriate. We believe this even offering.79 Commenters were concerned are considered to begin and end.81 if, as a result of such disclosure, the that public disclosures mandated by Communications that take place outside availability of the Securities Act Regulation FD would exceed those the periods clearly specified would not registration exemption may be in limitations. Commenters similarly be considered a part of the registered question. Public companies undertaking raised concerns about proposed securities offering to which the unregistered offerings will need to Regulation FD’s interrelationship with exemption from Regulation FD applies. consider the impact their selective unregistered offerings of securities. Communications that are not made in disclosure could have on any exemption Here, the principal concern was that connection with a registered offering they use. Before an exempt offering public disclosure mandated by also are not exempt.82 begins, issuer’s counsel should advise Regulation FD could conflict with the the client of the potential complications conditions of the exemption from 80 See Rule 100(b)(2). Registered shelf offerings that selective disclosure of material registration on which the issuer was under Rule 415(a)(1)(i), (ii), (iii), (iv), (v), or (vi) are nonpublic information could raise. relying. not excluded from the operation of Regulation FD. i. Registered Offerings Exemption. In Those offerings, which include secondary offerings, Issuers who undertake private light of the comments we have received dividend or interest reinvestment plans, employee unregistered offerings generally disclose benefit plans, the exercise of outstanding options, the information to the investors on a and our own further consideration, we warrants or rights, the conversion of outstanding have determined that our concerns securities, pledges of securities as collateral and confidential basis. Under Regulation FD, about selective disclosure in connection issuances of American depositary shares, are public companies will still have the with registered offerings under the generally of an ongoing and continuous nature. ability to avoid premature public Because of the nature of those offerings, issuers disclosure in those cases. A public Securities Act should not be addressed would be exempt from the operation of Regulation by overlaying Regulation FD onto the FD for extended periods of time if the exclusion for company need not make public system of regulation provided by that registered offerings covered them. Public companies disclosure if anyone who receives the Act. The mandated disclosure regime that engage in these offerings should be accustomed material, nonpublic information agrees to resolving any Section 5 issues relating to their to maintain that information in public disclosure of material information during 76 See, e.g., NASDAQ Rules 4310(c)(16) and these offerings. confidence. 4320(e)(14), and NYSE Listed Company Manual, In light of the revisions we have made to b. Eligibility for Short-Form §2. Regulation FD to exclude disclosures in connection Registration and Rule 144. Commenters 77 See Schoenbaum v. Firstbrook, 405 F.2d 200, with a registered offering, we are not adopting 208 (2d Cir.) rev’d on other grounds, 405 F.2d 215, proposed Rule 181. That proposed rule was observed that a failure to file a Form 8– 220 (2d Cir. 1968) (en banc). See also discussion in designed to address concerns that Regulation FD- K under Regulation FD when no Section II.B.7. infra. required disclosures during a registered offering alternative qualifying public disclosure 78 See, e.g., Letters of the American Bar could be nonconforming prospectuses that violate is made, would result in the loss of Association, the New York City Bar Association, Section 5(b)(1) of the Securities Act. Because Regulation FD will not apply to disclosure in availability of short-form Securities Act The Bond Market Association, Cleary Gottlieb, 83 Credit Suisse First Boston, and the Securities connection with registered offerings (other than registration on Forms S–2 and S–3. Industry Association. those of a continuous nature), we bleive that Rule 79 For example, Section 5(c) prohibits offers prior 181 is no longer necessary. offering simply because the issuer was in the midst to the filing of a registration statement and Section 81 See Rule 101(g). of a registered offering at that time. 5(b)(1) prohibits the use of written or broadcast 82 For example, communications that a public 83 See, e.g., Letters of the American Bar communications that fall within the ‘‘prospectus’’ company makes about its future financial Association; the American Corporate Counsel definition (except the preliminary Section 10 performance in one of its regularly scheduled Association; the American Society of Corporate prospectus) until the final Section 10(a) prospectus conference calls with analysts would not be Secretaries; the New York State Bar Association; the has been delivered. considered to be made in connection with an Continued

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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.

VerDate 112000 17:44 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR3.SGM pfrm08 PsN: 24AUR3 51728 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations comments. Some commenters suggested addition, that any other person who did even if they later become aware of that the affirmative defenses in the exercise such influence was not aware material nonpublic information.115 Proposing Release were too of the material nonpublic information For example, an issuer operating a restrictive,106 or that additional defenses when doing so.110 repurchase program will not need to were needed to protect various common • Third, the person must demonstrate specify with precision the amounts, trading mechanisms, such as issuer that the purchase or sale that occurred prices, and dates on which it will repurchase programs and employee was pursuant to the prior contract, repurchase its securities. Rather, an benefit plans.107 Some of these instruction, or plan. A purchase or sale issuer could adopt a written plan, when commenters noted that the requirement is not pursuant to a contract, it is not aware of material nonpublic that a trader specify prices, amounts, instruction, or plan if, among other information, that uses a written formula and dates of purchases or sales pursuant things, the person who entered into the to derive amounts, prices, and dates. Or to binding contracts, instructions, or contract, instruction, or plan altered or the plan could simply delegate all the written plans left some common, deviated from the contract, instruction, discretion to determine amounts, prices, legitimate trading mechanisms outside or plan or entered into or altered a and dates to another person who is not the protection of the proposed corresponding or hedging transaction or aware of the information—provided that affirmative defenses. Additionally, some position with respect to those the plan did not permit the issuer to commenters questioned the Proposing securities.111 (and in fact the issuer did not) exercise Release’s exclusion of a price limit from Under paragraph (c)(1)(ii), which we any subsequent influence over the 116 the definition of a specified ‘‘price.’’ 108 adopt as proposed, the exclusion purchases or sales. In consideration of these comments, we provided in paragraph (c)(1)(i) will be Similarly, an employee wishing to are revising the affirmative defense that available only if the contract, adopt a plan for exercising stock options allows purchases and sales pursuant to instruction, or plan was entered into in and selling the underlying shares could, contracts, instructions, and plans. The good faith and not as part of a scheme while not aware of material nonpublic revised language responds to to evade the prohibitions of this section. information, adopt a written plan that contained a formula for determining the commenters’ concerns by providing Paragraph (c)(1)(iii) defines several specified percentage of the employee’s appropriate flexibility to persons who key terms in the exclusion. We are vested options to be exercised and/or wish to structure securities trading adopting, substantially as proposed, the sold at or above a specific price. The plans and strategies when they are not definition of ‘‘amount’’,112 which means formula could provide, for example, that aware of material nonpublic either a specified number of shares or a the employee will exercise options and information, and do not exercise any specified dollar value of securities. We sell the shares one month before each influence over the transaction once they have revised the definition of ‘‘price’’ date on which her son’s college tuition do become aware of such information. and added a definition of ‘‘date.’’ As is due, and link the amount of the trade As adopted, paragraph (c)(1)(i) sets adopted, ‘‘price’’ means market price on forth an affirmative defense from the to the cost of the tuition. a particular date or a limit price or a An employee also could acquire general rule, which applies both to particular dollar price.113 ‘‘Date’’ means individuals and entities that trade. To company stock through payroll either the specific day of the year on deductions under an employee stock satisfy this provision, a person must which a market order is to be executed, establish several factors. purchase plan or a Section 401(k) plan. • or a day or days of the year on which The employee could provide oral First, the person must demonstrate a limit order is in force.114 that before becoming aware of the instructions as to his or her plan Taken as a whole, the revised defense information, he or she had entered into participation,117 or proceed by means of is designed to cover situations in which a binding contract to purchase or sell a written plan.118 The transaction price a person can demonstrate that the the security, provided instructions to could be computed as a percentage of material nonpublic information was not another person to execute the trade for market price, and the transaction a factor in the trading decision. We the instructing person’s account, or amount could be based on a percentage believe this provision will provide adopted a written plan for trading of salary to be deducted under the appropriate flexibility to those who securities.109 plan.119 The date of a plan transaction would like to plan securities • Second, the person must transactions in advance at a time when 115 demonstrate that, with respect to the Some commenters raised questions about the they are not aware of material nonpublic purchase or sale, the contract, treatment of standardized options trading under the information, and then carry out those proposed rule. These commenters suggested that instructions, or plan either: (1) pre-planned transactions at a later time, the exercise of a standardized option should be Expressly specified the amount, price, allowed, regardless of what information the trader and date; (2) provided a written formula was aware of at the time of exercise, because the or algorithm, or computer program, for 110 Rule 10b5–(c)(1)(i)(B). We have removed the relevant investment decision was made when the proposed affirmative defense defense for purchases person purchased the standardized option. We do determining amounts, prices, and dates; or sales that result from a written plan for trading not agree that the decision to exercise a or (3) did not permit the person to securities that is designed to tracck or correspond standardized option is not a separate investment exercise any subsequent influence over to a market index, market segment, or group of decision. However, Rule 10b5–1, as adopted, does how, when, or whether to effect securities. We bleieve that the activity that was not affect the analysis of whether it is a separate contemplated by that provision is permissible investment decision. The rule could, however, purchases or sales; provided, in under the defense as adopted. Therefore, a separate affect options transactions in that it permits a defense is no longer necessary. person to pre-arrange, at a time when he or she is 106 See, e.g., Letter of the Securities Industry 111 Rule 10b5–1(c)(1)(i)(C). However, a person not aware of material nonpublic information, a plan Association. acting in good faith may modify a prior contract, for exercising options in the future. 107 See Letters of LeBoeuf, Lamb, Greene, & instruction, or plan before becoming aware of 116 A person would not satisfy this provision of MacRae (issuer repurchases); the American Society material nonpublic information. In that case, a the rule by establishing a delegation of authority of Corporate Secretaries, Brobeck Phleger & purchase or sale that complies with the modified under which the person retained some ability to Harrison (employee stock option plans); and L.B. contract, instruciton, or plan will be considered influence the decision about how, when, or whether Foster Company (employee stock purchase plans). pursuant to a new contract, instruction, or plan. to purchase or sell securities. 108 See, e.g., Letter of the American Society of 112 Rule 10b5–1(c)(1)(iii)(A). 117 Rule 10b5–1(c)(1)(i)(A)(2). Corporate Secretaries. 113 Rule 10b5–1(c)(1)(iii)(B). 118 Rule 10b5–1(c)(1)(i)(A)(3). 109 Rule 10b5–1(c)(1)(i)(A). 114 Rule 10b5–1(c)(1)(iii)(C). 119 Rule 10b5–1(c)(1)(i)(B)(2).

VerDate 112000 17:44 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR3.SGM pfrm08 PsN: 24AUR3 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51729 could be determined pursuant to a Act Rule 14e–3, regarding insider promise of confidentiality also violates formula set forth in the plan.120 trading in a tender offer situation. Rule Rule 10b–5. A family member who Alternatively, the date of a plan 14e–3, which pre-dates Exchange Act trades in breach of a reasonable transaction could be controlled by the Section 15(f), also used the ‘‘to ensure’’ expectation of confidentiality, however, plan’s administrator or investment language. We are not aware, however, does not necessarily violate Rule 10b–5. manager, assuming that he or she is not nor did commenters suggest, that use of As discussed more fully in the aware of the material, nonpublic that language has created any problems Proposing Release, we think that this information at the time of executing the of compliance with Rule 14e–3. We anomalous result harms investor transaction, and the employee does not believe, in any event, that the standards confidence in the integrity and fairness exercise influence over the timing of the should be interpreted as essentially the of the nation’s securities markets. The transaction.121 same.125 family member’s trading has the same impact on the market and investor One commenter noted that the B. Rule 10b5–2: Duties of Trust or proposed Rule 10b5–1 defenses were confidence in the third example as it Confidence in Misappropriation Insider does in the first two examples. In all not co-extensive with exemptions from Trading Cases liability and reporting under Section 16 three examples, the trader’s of the Exchange Act.122 The Section 16 1. Background informational advantage stems from exemptive rules do not provide any As discussed more fully in the ‘‘contrivance, not luck,’’ and the exemption from liability under Section Proposing Release, an unsettled issue in informational disadvantage to other 10(b) and Rule 10b-5. The adoption of investors ‘‘cannot be overcome with insider trading law has been under what 127 Rule 10b5–1 does not change this circumstances certain non-business research or skill.’’ Additionally, the principle. However, we have drafted the relationships, such as family and need to distinguish among the three Rule 10b5–1 defenses so that their personal relationships, may provide the types of cases may require an unduly conditions should not conflict with the duty of trust or confidence required intrusive examination of the details of conditions of the Section 16 exemptive under the misappropriation theory.126 particular family relationships. rules.123 Case law has produced the following Accordingly, we believe there is good The proposal included an additional anomalous result. A family member reason for the broader approach we affirmative defense available only to who receives a ‘‘tip’’ (within the adopt today for determining when trading parties that are entities. In meaning of Dirks) and then trades family or personal relationships create response to comments, the rule as violates Rule 10b–5. A family member ‘‘duties of trust or confidence’’ under adopted clarifies that this defense is who trades in breach of an express the misappropriation theory. available to entities as an alternative to Some of the commenters who submitted comment letters on Rule the other enumerated defenses 125 The Securities Industry Association 128 described above. commented that paragraph (c)(2) would not allow 10b5–2 supported the proposal. Some Under this provision, an entity will institutions to engage in ‘‘dynamic hedging’’ in offered suggestions or alternative 129 not be liable if it demonstrates that the circumstances where the institution’s trading desk, approaches. Others expressed while managing its proprietary position through a concern that the rule would erode individual making the investment hedge, also was aware of material nonpublic decision on behalf of the entity was not information. We do not believe paragraph (c)(2) standards of personal and family 130 aware of the information, and that the should provide a defense in those circumstances, if privacy. As discussed in the entity had implemented reasonable the same trader who is aware of the material Proposing Release, the rule is not information is making the trading decisions for the designed to interfere with particular policies and procedures to prevent firm. However, paragraph (c)(1), which would allow insider trading.124 The American Bar a broker-dealer to manage risk by devising a family or personal relationships; rather, Association commented that the use in formula for hedging at a time when it is not aware its goal is to protect investors and the of material nonpublic information, could provide a fairness and integrity of the nation’s this rule of the term ‘‘reasonable defense for that activity. Alternatively, the broker- policies and procedures * * * to securities markets against improper dealer could segregate its personnel and otherwise trading on the basis of inside ensure’’ against insider trading differed use information barriers so that the trader for the from the standard provided in Section firm’s proprietary account is not made aware of the information. Moreover, we do not 15(f) of the Exchange Act, which material nonpublic information. believe that the rule will require a more The Securities Industry Association also intrusive examination of family requires a registered broker or dealer to commented that the rule could unintentionally relationships than would be required establish, maintain, and enforce written impede market liquidity when broker-dealers under existing case law without the policies and procedures ‘‘reasonably participate in shelf takedowns and other block rule. Current case law, such as United designed’’ to prevent insider trading. As transactions. The concern was that the rule would create uncertainty about whether a broker-dealer States v. Chestman,131 and United we noted in the Proposing Release, we that held an order to execute a block transaction States v. Reed,132 already establishes a derived this provision from the defense could continue to conduct regular market making regime under which questions of against liability codified in Exchange in that same security. We believe that ordinary market making does not present insider trading liability turn on the nature of the details concerns if a customer who places an order with a of the relationships between family 120 Id. broker-dealer has an understanding that the broker- members, such as their prior history and 121 Rule 10b5–1(c)(1)(i)(B)(3). dealer may continue to engage in market making 122 See Letter of L.B. Foster Company addressing while working the order. Thus, a broker-dealer’s 127 Rule 16b–3(c), the exemption from Section 16(a) ordinary market making would not be considered O’Hagan, 521 U.S. at 658–59. reporting and Section 16(b) short-swing profit a ‘‘misappropriation’’ of the customer’s information 128 See, e.g., Letters of the American Society of liability for most transactions under tax- because it would not involve trading on the basis Corporate Secretaries, the American Corporate conditioned plans. of the information in a manner inconsistent with Counsel Association, and the North American 123 For example, it will be possible to set up a the purpose for which it was given to the broker. Securities Administrators’ Association. trust so that the trust transactions will be eligible If, however, a broker-dealer engaged in 129 See, e.g., Letter of the Association for for both the Rule 16a–8(b)(3) exemption and the extraordinary trading for its own account when Investment Management and Research. Rule 10b5–1(c)(1)(i)(B)(3) defense. The Rule 10b5– aware of unusually significant information 130 See, e.g., Letters of the American Bar 1(c)(1)(i)(B)(3) defense also will be available for regarding a customer order, it is possible, based on Association and the New York City Bar Association. portfolio securities transactions in which a Section the facts and circumstances, that the broker-dealer 131 947 F.2d 551 (2d Cir. 1991) (en banc), cert. 16 insider is not deemed to have a pecuniary would be held liable for insider trading or for front- denied, 503 U.S. 1004 (1992). interest by virtue of Rule 16a–1(a)(2)(iii). running as defined by SRO rules. 132 601 F. Supp 685 (S.D.N.Y.), rev’d on other 124 Rule 10b5–1(c)(2). 126 Proposing Release at part III.B.1. grounds, 773 F.2d 447 (2d Cir. 1985).

VerDate 112000 17:44 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR3.SGM pfrm08 PsN: 24AUR3 51730 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations patterns of sharing confidences.133 By confidences.138 Although we have FD. While we recognize that some providing more of a bright-line test for determined not to adopt such a issuers may make more than five annual certain enumerated close family limitation, we note that evidence about FD disclosures, we also believe that a relationships, we believe the rule will the type of confidences shared in the substantial number of issuers will make mitigate, to some degree, the need to past might be relevant to determining fewer than five FD disclosures examine the details of particular the reasonableness of the expectation of annually.142 As discussed in the relationships in the course of confidence. Proposing Release, in many cases, investigating suspected insider trading. Third, we are adopting as proposed a information disclosed under Regulation bright-line rule that states that a duty of FD would be information that an issuer 2. Provisions of Rule 10b5–2 trust or confidence exists when a person ultimately was going to disclose to the We are adopting Rule 10b5–2 receives or obtains material nonpublic public. Under Regulation FD, that issuer substantially as proposed. The rule sets information from certain enumerated likely will not make any more public forth a non-exclusive list of three close family members: spouses, parents, disclosure than it otherwise would, but situations in which a person has a duty children, and siblings. An affirmative it may make the disclosure sooner and of trust or confidence for purposes of defense permits the person receiving or now would be required to file or the ‘‘misappropriation’’ theory of the obtaining the information to disseminate that information in a Exchange Act and Rule 10b–5 demonstrate that under the facts and manner reasonably designed to provide thereunder.134 circumstances of that family broad, non-exclusionary distribution of First, as proposed, we provide that a relationship, no duty of trust or the information to the public. We duty of trust or confidence exists confidence existed. Some commenters therefore believe that our estimate that whenever a person agrees to maintain noted that the enumerated relationships issuers will make five disclosures per information in confidence.135 do not include domestic partners, step- year under Regulation FD is Second, we provide that a duty of parents, or step-children. We have appropriate. trust or confidence exists when two determined not to include these The Bond Market Association also people have a history, pattern, or relationships in this paragraph, stated that the time required to practice of sharing confidences such although paragraphs (b)(1) and (b)(2) accomplish disclosure will be longer that the recipient of the information could reach them. Our experience in than our estimate of five hours, but did knows or reasonably should know that this area indicates that most instances of not quantify how much longer.143 As insider trading between or among family the person communicating the material discussed in the Proposing Release, we members involve spouses, parents and nonpublic information expects that the estimated the average number of hours children, or siblings; therefore, we have recipient will maintain its an entity spends completing Form 8–K 136 enumerated these relationships and not confidentiality. This is a ‘‘facts and by contacting a number of law firms and others. circumstances’’ test based on the other persons regularly involved in expectation of the parties in light of the IV. Paperwork Reduction Act completing the form. We therefore overall relationship. Some commenters believe that our estimate is appropriate. were concerned that, as proposed, this Certain provisions of Regulation FD contain ‘‘collection of information’’ We additionally believe it is reasonable provision examined the reasonable to estimate that other forms of expectation of confidentiality of the requirements within the meaning of the 139 disclosure, such as a press release, will person communicating the material Paperwork Reduction Act of 1995. We published notice soliciting require no more (and probably less) than nonpublic information rather than the preparation time of Form 8–K. examining the expectations of the comments on the collection of OMB approved the regulation’s recipient of the information and/or both information requirements in the information collection requirements. parties to the communication.137 We Proposing Release, and submitted these Form 8–K (OMB Control No. 3235– believe that mutuality was implicit in requirements to the Office of 0060) was adopted pursuant to Sections the proposed rule because an inquiry Management and Budget (‘‘OMB’’) for 13, 15, and 23 of the Exchange Act, and into the reasonableness of the review in accordance with 44 U.S.C. Regulation FD—Other Disclosure recipient’s expectation necessarily 3507(d) and 5 CFR 1320.11. The titles Materials (OMB Control No. 3235–0536) involves considering the relationship as for the collections are (1) Form 8–K, and was adopted pursuant to Sections 13, a whole, including the other party’s (2) Reg FD—Other Disclosure Materials. We received two comments 15, 23, and 36 of the Exchange Act. We expectations. Nevertheless, we have concerning our estimate that an issuer are not collecting information pursuant revised the provision to make this would make five disclosures under to Regulation FD on Form 6–K (OMB mutuality explicit. Regulation FD per year. The Bond Control No. 3235–0116), as initially Two commenters suggested that this Market Association stated that we proposed, because, as discussed in this part of the rule be limited to a history, provided no basis for our estimate.140 Release, we have modified Regulation pattern, or practice of sharing business The Securities Industry Association FD to exclude foreign private issuers indicated that the basis for the estimate 133 Reed, for example, suggests that the types of from coverage. We have adopted confidences previously exchanged by family is unclear and suggested that the Regulation FD with some additional members (e.g., whether or not they were business estimate is too low.141 In the Proposing modifications to the regulation as confidences), may make a difference in determining Release, we stated that we believe that proposed. None of these modifications whether or not a confidential relationship exists. issuers will make one disclosure per 134 (other than the exclusion of foreign As stated in the Proposing Release and in the quarter plus, on average, one additional Preliminary Note to the rule, the law of insider private issuers from coverage), however, trading is otherwise defined by judicial opinions disclosure per year under Regulation construing Rule 10b–5. This rule does not address 142 Many issuers, for example, do not have analyst or modify the scope of insider trading law in any 138 Letters of the American Bar Association and coverage, see Harrison Hong et al., Bad News other respect. the New York City Bar Association. Travels Slowly: Size, Analyst Coverage, and the 135 Rule 10b5–2(b)(1). 139 44 U.S.C. 3501 et seq. Profitability of Momentum Strategies, 55 J. Finance 136 Rule 10b5–2(b)(2). 140 See Letter of The Bond Market Association. 265 (2000), or do not have institutional 137 Letters of the American Bar Association and 141 See Letter of the Securities Industry shareholders. the DC Bar. Association. 143 See Letter of The Bond Market Association.

VerDate 112000 11:43 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR3.SGM pfrm01 PsN: 24AUR3 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51731 has an impact on our burden hour practice of selective disclosure with confidence in market integrity. By estimate. insider trading.145 enhancing investor confidence in the An agency may not conduct or The Chicago Board Options Exchange markets, therefore, the regulation will also commented that selective sponsor, and a person is not required to encourage continued widespread disclosure is extremely detrimental to respond to, a collection of information investor participation in our markets, the markets, in that the unusual trading unless it displays a currently valid OMB enhancing market efficiency and and increased volatility that result from liquidity, and more effective capital control number. Compliance with the selective disclosure can cause market raising. disclosure requirements is mandatory. makers substantial losses and Second, the regulation likely also will There is no mandatory retention period potentially lead to wider and less liquid provide benefits to those seeking for the information disclosed, and options markets.146 This argument can unbiased analysis. This regulation will responses to the disclosure be extended to the primary markets for place all analysts on equal footing with requirements will not be kept the securities as well. Economic theory respect to competition for access to confidential. and empirical studies have shown that material information. Thus, it will allow V. Cost-Benefit Analysis stock market transaction costs increase analysts to express their honest when certain traders may be aware of opinions without fear of being denied A. Regulation FD: Selective Disclosure material, undisclosed information.147 A access to valuable corporate information reduction in these costs should make being provided to their competitors. Regulation FD requires that when an investors more willing to commit their Analysts will continue to be able to use issuer intentionally discloses material capital. and benefit from superior diligence or nonpublic information to securities The inevitable effect of selective acumen, without facing the prospect market professionals or holders of the disclosure, as indicated by numerous that other analysts will have a issuer’s securities who are reasonably comment letters we received, is that competitive edge solely because they likely to trade on the basis of the individual investors lose confidence in say more favorable things about information, it must simultaneously the integrity of the markets because they issuers.152 make public disclosure. When the perceive that certain market participants issuer’s selective disclosure of material have an unfair advantage.148 Although 2. Costs nonpublic information is not one commenter questioned this investor The regulation will impose some costs intentional, the issuer must make public confidence argument,149 we agree with on issuers. First, issuers will incur some disclosure promptly. the common sense view—expressed by additional costs in making the public both the Supreme Court and the disclosures of material nonpublic 1. Benefits Congress—that investors will lose information required by the regulation. confidence in a market that they believe Regulation FD gives issuers two options Regulation FD will provide several is unfairly rigged against them.150 important benefits to investors and the for making public disclosure. The issuer Similarly, economic studies have 153 securities markets as a whole. First, can: (1) file or furnish a Form 8-K; or provided support for the view that (2) disseminate the information through current practices of selective disclosure insider trading reduces liquidity, damage investor confidence in the another method or combination of increases volatility, and may increase methods of disclosure that is reasonably fairness and integrity of the markets. the cost of capital.151 When selective disclosure leads to designed to provide broad, non- Given the similarity of selective exclusionary distribution of the trading by the recipients of the disclosure practices to ordinary tipping disclosure or trading by those whom information to the public (press release, and insider trading, we believe that a teleconference, or web-conference). these recipients advise, the practice regulation addressing selective Because the regulation does not bears a close resemblance to ordinary disclosure of material information will require issuers to disclose material ‘‘tipping’’ and insider trading. The promote benefits similar to insider information (just to make any disclosure trading regulation. Regulation FD will economic effects of the two practices are on a non-selective basis), we cannot foster fairer disclosure of information to essentially the same; in both cases, a predict with certainty how many issuers all investors, and increase investor few persons gain an informational will actually make disclosures under edge—and use that edge to profit at the this regulation. For purposes of the 145 See, e.g., Letters of Pieter Bergshoeff and expense of the uninformed—from Paperwork Reduction Act, however, we superior access to corporate insiders, Barbara Black. 146 base our estimate of the paperwork 144 Letter of the Chicago Board Options Exchange. not through skill or diligence. Thus, 147 See I. Krinsky and J. Lee, Earnings burden of the regulation on our belief investors in many instances equate the Announcements and the Components of the Bid- that issuers will make on average five 154 Ask Spread, 51 J. of Fin. 1523 (1996); C.M. Lee, B. Mucklow and M.J. Ready, Spreads, Depth and the public disclosures under Regulation FD 144 A recent academic paper finds evidence that 155 Impact of Earnings Information: An Intraday per year. Since there are analyst conference calls are associated with Analysis, 6 Rev. of Fin. Stud. 345 (1993); A.S. Kyle, increased return volatility, trading volume, and Continuous Auctions and Insider Trading, 53 152 trade size. The authors interpret these results as The Securities Industry Association disputed Econometrica 1315 (1985); L.R. Glosten and P. evidence that material information may be revealed the significance of this benefit. Given the Milgrom, Bid, Ask and Transaction Prices in a in analyst conference calls and that larger investors widespread reports, cited above and in the Specialist Market with Heterogeneously Informed likely are taking advantage of this information. Proposing Release, of analysts’ concerns about Traders, 14 J. of Fin. Econ. 71 (1985). Richard Frankel et al., An Empirical Examination continuing access to corporate insiders, we 148 of Conference Calls as a Voluntary Disclosure See, e.g., Letters of IBM, A.T. Bigelow, and continue to believe this is a significant issue. Medium, 37 J. Acct. Res. 133 (1999). Two Thomas Brandon. 153 17 CFR 249.308. commenters questioned the reliability of the 149 Letter of Joseph McLaughlin. 154 We anticipate that many issuers will make one assumptions made in the study. We believe the 150 See United States v. O’Hagan, and H.R. Rep. disclosure each quarter under Regulation FD. We assumptions are reasonable approximations, No. 100–910, supra, note 6. also assume that issuers will, on average, make on although not perfect. In any event, we view these 151 See M.J. Fishman and K.M. Hagerty, Insider additional disclosure per year. results as corroborative evidence, not as the basis Trading and the Efficiency of Stock Prices, 23 Rand 155 In many cases, information disclosed under for our conclusions. See Letters of American J. of Econ. 106 (1992); M. Manove, The Harm From Regulation FD would be information that an issuer Corporate Counsel Association and The Bond Insider Trading and Informed Speculation, 104 Q.J. was ultimately going to disclose to the public. Market Association. of Econ. 823 (1989). Continued

VerDate 112000 11:43 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR3.SGM pfrm01 PsN: 24AUR3 51732 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations approximately 13,000 issuers affected per year will be approximately making disclosure via some other by this regulation, we estimate that the $34,937,500 to $49,562,500.158 method, such as a press release, will not total number of disclosures under We received several comments be greater than the costs of filing a Form Regulation FD per year will be 65,000. concerning the costs of the disclosure 8–K. If an issuer files a Form 8–K, we options provided by Regulation FD. While it is possible that issuers may estimate that the issuer would incur, on Two commenters suggested that the incur some cost in connection with the average, five burden hours per filing. benefits of the regulation outweigh the implementation of corporate policy This estimate is based on current costs of making disclosure.159 One relating to disclosure, as well as burden hour estimates under the commenter suggested that the direct decisions not to make disclosure under Paperwork Reduction Act for filing a costs to issuers of complying with the the regulation, we believe that any Form 8–K and the staff’s experience regulation will exceed the $33 million additional costs would not be with such filings. For the purposes of that we estimated in the Proposing substantial. Many issuers already the Paperwork Reduction Act, we Release.160 This commenter suggested consult with in-house and/or outside estimate that in preparing Form 8–Ks that there is no basis for our estimate counsel regarding their disclosure approximately 25% of the burden hours that issuers will make on average five obligations under the federal securities are expended by the company’s internal disclosures per year, and that our laws. Moreover, as we have narrowed professional staff, and the remaining estimate that it will take five hours to the definition of ‘‘persons acting on 75% by outside counsel. Assuming a make disclosure under the regulation is behalf of the issuer’’ to cover only those cost of $85/hour for in-house too low, due to legal involvement with who regularly interact with securities professional staff and $175/hour 156 for each corporate communication. This market professionals and security outside counsel, the total cost would be commenter additionally stated that the holders, the issuer personnel whose $762.50 per filing. These assumptions cost estimates for in-house and outside disclosures will be covered by the reflect the greater reliance on outside legal advice do not reflect the current or regulation are those who are most likely lawyers in preparing documents to be future marketplace and that the to be well-versed in disclosure issues filed with the Commission. estimates do not consider all of the and practiced in making judgments on We have no direct data on which to people involved in the disclosure these issues. Further, to the extent that base estimates of the costs of the other process or the costs of a decision not to issuers already have policies in place to disclosure options. However, we make disclosure.161 Another commenter cover the types of disclosures those anticipate that other methods of stated that our estimate of, on average, personnel can make, we expect the disclosure, such as press releases, may five disclosures per issuer per year is additional costs associated with require less preparation time than a too low. This commenter also said that compliance to be small. Thus, after Form 8–K and will be prepared it could not quantify the costs of careful consideration of the comments, primarily, if not exclusively, by the Regulation FD.162 we have determined that our estimates company’s internal staff.157 Moreover, if Our estimate of five disclosures per of the costs of making disclosure are the costs of another method of issuer is based on several factors. First, appropriate. disclosure are less than the costs of we believe that for a large group of One commenter asserted that our cost- filing the Form 8–K, we presume issuers issuers, five disclosures reflects the benefit analysis does not consider 164 will choose another method of public need to make one FD disclosure per indirect costs on capital formation. disclosure. Issuers may, however, quarter, and allows for one additional These costs, according to this choose to use methods of dissemination miscellaneous FD disclosure. At the commenter, include less liquidity, with higher out-of-pocket costs, same time, however, we recognize that missed market opportunities, and the presumably because they believe these there will be a wide variation among introduction of market inefficiencies. methods provide additional benefits to disclosure practices at different issuers. One such market inefficiency, according the issuer or investor for which they are Some issuers may average more annual to the commenter, might result from willing to pay. Given that we estimate FD disclosures. A substantial number of confidentiality agreements becoming a that there will be 65,000 disclosures other issuers, however, depending on regular practice, thereby excluding some under Regulation FD per year at an their industry, shareholder composition, institutions that cannot or will not agree or level of analyst coverage,163 may to the restrictions in such agreements. approximate cost ranging from $537.50 make fewer if any FD disclosures This commenter also suggested a cost to $762.50 per disclosure, we estimate annually. Thus, we believe the estimate resulting from issuers’ involving their that the total paperwork burden of adequately allows for a wide variety of attorneys in each corporate preparing the information for disclosure situations. We, therefore, believe that communication. This commenter did five is a reasonable estimate of the not quantify these purported costs. Under Regulation FD, that issuer is not going to make any more public disclosure than it otherwise average number of disclosures each We believe that this comment does would, but it may make the disclosure sooner and issuer will make annually under not adequately take into account the now would be required to file or disseminate that Regulation FD. We also believe it is flexibility provided in Regulation FD for information in a manner reasonably designed to reasonable to assume that the costs of issuer compliance. The regulation gives provide broad, non-exclusionary distribution of the information to the public. issuers a variety of ways to comply, and 158 156 In the Proposing Release, we assumed a cost In the Proposing Release, we estimated the we assume that an issuer will be able to of $125 per hour for outside legal advice. We have total paperwork burden to be approximately determine the least costly methods of revised that estimate and now assume that outside $33,250,000. In addition to the changes noted above compliance for its particular legal advice will cost $175 per hour. in notes 156 and 157, the revised figure also reflects a reduction in paperwork burden due to the circumstances. Moreover, as discussed 157 Accordingly, in the Proposing Release, we exclusion from coverage of foreign private issuers assumed that 25% of the burden would be borne in the Release, we have significantly under Regulation FD. by outside counsel and 75% by in-house narrowed the scope of the regulation in 159 Letters of Stephen Jones and Gretchen Sprigg professional staff. This balance reflects our belief Wisehart. ways that should reduce both direct and that many issuers will make disclosures by some 160 indirect compliance costs; for example, disclosure option other than by a Form 8–K that Letter of the Bond Market Association. will require less time from outside lawyers. Using 161 Id. we have narrowed the types of these assumptions, the total approximate cost of a 162 Letter of the Securities Industry Association. Regulation FD disclosure would be $537.50. 163 See Harrison Hong et al., supra note 142. 164 Letter of The Bond Market Association.

VerDate 112000 17:44 Aug 23, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\24AUR3.SGM pfrm08 PsN: 24AUR3 Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations 51733 communications covered, and excluded the regulation might ‘‘chill’’ corporate material nonpublic information; the communications made in connection disclosures to analysts, investors, and level of non-material information with most registered securities offerings. the media. We recognized the concern available to the market need not Further, as discussed above, we believe that issuers may speak less often out of decrease. We believe issuers will have that the regulation will encourage fear of liability based on a post hoc strong reasons to continue releasing continued widespread investor assessment that disclosed information information given the market demand participation in our markets, which will was material, and that if such a chilling for information and a company’s desire enhance market efficiency and liquidity, effect resulted from Regulation FD, there to promote its products and services. and foster more effective capital raising. would be a cost to overall market One economic study has found that Thus, we have carefully considered efficiency and capital formation. more public disclosure is associated whether the regulation will increase the A number of commenters also raised with factors that have been shown to costs of capital formation, and we the concern about a chilling effect as a reduce the cost of capital.174 believe it may, in fact, reduce such significant potential cost of Regulation Finally, commenters expressed 165 costs. FD, and several of these suggested that concern that the regulation would we were underestimating this effect.171 The regulation may also lead to some increase the risk of private liability. increased costs for issuers resulting A common theme among these Regulation FD is designed to create from new or enhanced systems and commenters was that the regulation duties only under Sections 13(a) and procedures for disclosure practices. As would result in the flow of less 15(d) of the Exchange Act and Section indicated by some commenters,166 we information to the marketplace, rather 30 of the Investment Company Act, and believe that many, if not most, issuers than more, and that the cost of this does not create new duties under already have internal procedures for effect would be greater surprise and Section 10(b) of the Exchange Act. As communicating with the public; for volatility.172 However, these discussed, we have added an express many issuers, therefore, new procedures commenters were unable to quantify provision to the regulation stating that to prevent selective disclosures will not these costs. Moreover, other a failure to make a disclosure required be needed. There might be a cost to commenters, including issuers who solely by Regulation FD will not result these issuers, however, for enhancing would be subject to the regulation, did in a violation of Rule 10b–5. and strengthening existing procedures not necessarily agree that their to safeguard against selective communications would be significantly B. Rule 10b5–1: Trading ‘‘On The Basis disclosures that are not intentional to chilled.173 Of’’ Material Nonpublic Information ensure prompt public release when such In response to the concerns about a disclosures do occur. diminished flow of information, as Rule 10b5–1 would define when a Some commenters suggested that discussed elsewhere in this Release, we sale or purchase of a security occurred disclosure methods utilizing Internet have made several significant ‘‘on the basis of’’ material nonpublic technology impose minimal costs.167 In modifications that we believe reduce the information. Under the rule, a person particular, one commenter noted that likelihood of a chilling effect. These trades ‘‘on the basis of’’ material there are several services that make the modifications include narrowing the nonpublic information if the person audio signal from conference calls scope of the regulation so that it does making the purchase or sale was aware available over the Internet at no cost.168 not apply to all communications with of the material nonpublic information at Another commenter disagreed, and persons outside the issuer, narrowing the time of the purchase or sale. stated that some of the methods of the types of issuer personnel covered by However, the rule provides exclusions making disclosure, such as webcasts, are the regulation to senior officials and for certain situations in which a trade costly.169 This commenter suggested those who would normally be expected resulted from a pre-existing plan, that additional costs might include to communicate with securities market contract, or instruction that was made in those associated with new technologies, professionals or security holders, and good faith. but provided no quantitative data clarifying that where the regulation 1. Benefits associated with any such costs.170 As requires ‘‘knowing or reckless’’ conduct, stated above, we believe that making liability will attach only when an We anticipate two significant benefits disclosure by a method other than a issuer’s personnel know or are reckless arising from Rule 10b5–1. First, the rule Form 8–K will likely be less costly than in not knowing that the information should increase investor confidence in making disclosure by filing a Form 8– selectively disclosed is both material the integrity and fairness of the market K. We believe that issuers will use new and nonpublic. Additionally, as because it clarifies and strengthens technology to the extent that it is cost- discussed below, we have added an existing insider trading law. Second, the effective to do so; in any event, no express provision in the regulation’s rule will benefit corporate insiders by issuer will be required to expend more text designed to remove any doubt that providing greater clarity and certainty on disclosures utilizing new technology private liability will not result from a on how they can plan and structure than it would cost to make disclosure by Regulation FD violation. securities transactions. The rule filing a Form 8–K. In addition, there are numerous provides specific guidance on how a One potential cost of the regulation practices that issuers may employ to person can plan future transactions at a that we have identified is the risk that continue to communicate freely with time when he or she is not aware of analysts and investors, while becoming material nonpublic information without 165 See Fishman and Hagerty; Manove, supra note more careful in how they disclose fear of incurring liability. We believe 151. information. Moreover, the regulation that this guidance will make it easier for 166 See, e.g., Letters of Huntington Bancshares and only covers the selective disclosure of corporate insiders to conduct Charles Schwab. themselves in accordance with the laws 167 See, e.g., Letters of Bradley Richardson and 171 See, e.g., Letters of the Securities Industry Scott Lawton. Association, The Bond Market Association, and the against insider trading. 168 Letter of Net2000. American Bar Association. 169 Letter of the National Association of Real 172 See, e.g., Letters of the Securities Industry 174 R.J. Lundholm and M.H. Lang, Corporate Estate Investment Trusts. Association and The Bond Market Association. Disclosure Policy and Analyst Behavior, 71 The 170 Id. 173 See Letters of Charles Schwab and Net2000. Acct. Rev. 467 (1996).

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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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Commentators we believe the use of a materiality 10b5–1 and 10b5–2 address two were asked to describe the nature of any standard in Regulation FD appropriately unsettled issues in insider trading case impact and provide empirical data takes into account the differences law: (1) when insider trading liability supporting the extent of the impact. between small and large issuers. arises in connection with a person’s We did not receive any comments ‘‘use’’ or ‘‘knowing possession’’ of addressing the IRFA for proposed C. Small Entities Subject to the material nonpublic information; and (2) Regulation FD and Rules 10b5–1 and Regulation and Rules when a family or other non-business 10b5–2. We did receive several Regulation FD will affect issuers and relationship can give rise to liability comments addressing the potential closed-end investment companies that under the misappropriation theory of impact of proposed Regulation FD on are small entities.183 We estimate there insider trading. By addressing these small entity issuers and whether are between approximately 1,000 to issues, we believe the new regulation Regulation FD should treat them the 2,000 issuers subject to the reporting and rules will enhance investor same as other issuers. requirements of the Exchange Act that confidence in the fairness and integrity One issue affecting small entities on satisfy the definition of small entity.184 of the securities markets. which we received significant comment We also estimate that there are Regulation FD requires that when an was the method of ‘‘public disclosure’’ approximately 62 closed-end issuer intentionally discloses material required by Regulation FD. One investment companies that may be nonpublic information it do so through commenter said that Regulation FD’s considered small entities subject to public disclosure, not selective public disclosure requirement should Regulation FD.185 disclosure. When an issuer has made a recognize the particular circumstances Rule 10b5–1 will apply to any small non-intentional selective disclosure, of the issuer; in this commenter’s view, entities that engage in securities trading Regulation FD requires the issuer to because smaller issuers often have more while aware of inside information and make prompt public disclosure difficulty obtaining coverage, Regulation therefore are subject to existing insider thereafter. The regulation provides for FD’s public disclosure requirement trading prohibitions of Rule 10b–5. This several alternative methods by which an could be qualified to require those could include issuers, broker-dealers,186 issuer can make the required public efforts reasonable under the investment advisers,187 and investment disclosure. We believe that this new circumstances of the issuer and the companies. We estimate that there are regulation will provide for fairer and market for its securities. This approximately 913 broker-dealers that more effective disclosure of important commenter noted that it would help may be considered small entities.188 We information by issuers to the investing address this issue if Regulation FD’s estimate that there are approximately public. public disclosure requirement could be Rule 10b5–1 provides a general rule satisfied by a website posting.180 183 Exchange Act Rule 0–10(a) defines an issuer, that liability arises when a person trades Another commenter said that Regulation other than an investment company, to be a ‘‘small business’’ or ‘‘small organization’’ if it had total while ‘‘aware’’ of material nonpublic FD’s provision for public disclosure information. Rule 10b5–1 also provides assets of $5 million or less on the last day of its through a press release is not most recent fiscal year 17 CFR 240.0–10(a). affirmative defenses from the general appropriate because this method does Investment Company Act Rule 0–10(a) defines an rule to allow persons to structure little, if anything, to provide investors investment company as a ‘‘small business’’ or ‘‘small organization’’ if it, ‘‘together with other securities trading plans and strategies with information regarding smaller when they are not aware of material investment companies in the same group of related companies.181 investment companies, has net assets of $50 million nonpublic information, and follow In response to these comments and or less as of the end of its most recent fiscal year.’’ through with the trades pursuant to others, we have modified the definition 17 CFR 270.0–10(a). those plans and strategies even after of ‘‘public disclosure’’ in the final 184 In the IRFA, we estimated the number of they become aware of material issuers, other than investment companies, that may regulation. The final regulation provides be considered small entities as approximately 830. nonpublic information. We believe Rule greater flexibility to an issuer to The FRFA number represents the increased number 10b5–1 clarifies an important issue in determine what is an appropriate means of issuers filing Exchange Act reports pursuant to insider trading law, and will enhance of making public disclosure in light of the NASD’s new requirements implemented under Rule 6530 during the last 18 months. investor confidence in market integrity. its particular circumstances. The final Rule 10b5–2 defines the scope of 185 The Commission bases its estimate on regulation permits issuers, including information from Lipper Directors’ Analytical Data, ‘‘duties of trust and confidence’’ for small entity issuers, to choose a method Lipper Closed-End Fund Performance Analysis purposes of the misappropriation theory (or a combination of methods) of public Service, and reports in investment companies file in a manner that more appropriately disclosure reasonably designed to with the Commission on Form N–SAR. serves the purposes of insider trading 186 Exchange Act Rule 0–10(c) defines a broker- provide broad, non-exclusionary dealer as a small entity if it had total capital (net law. Rule 10b5–2 will have no direct distribution of information to the worth plus subordinated liabilities) of less than effect on small entities. public. $500,000 on the date in the prior fiscal year as of With respect to the regulation’s which its audited financial statements were B. Significant Issues Raised by Public prepared and it is not affiliated with any person Comment application to disclosures of ‘‘material’’ (other than a natural person) that is not a small nonpublic information, two commenters In the Proposing Release, we solicited entity. 17 CFR 240.0–10(c). noted that what might be material to a 187 Investment Advisers Act Rule 0–7 defines an comments on the Initial Regulatory small company might not be material to investment adviser as a small entity if it: (i) Flexibility Analysis (‘‘IRFA’’). In a large company.182 As noted elsewhere manages less than $25 million in assets, (ii) has particular, we requested comments total assets of less than $5 million on the last day regarding: (i) The number of small entity of its most recent fiscal year, and (iii) is not in a 180 Letter of the American Bar Association. control relationship with another investment issuers that may be affected by the 181 Letter of VirtualFund.com. adviser that is not a small entity. 17 CFR 275.0–7. proposed regulation and rules; (ii) the 182 Letters of the American Society of Corporate 188 The Commission bases its estimate on existence or nature of the potential Secretaries and the Securities Industry Association. information from FOCUS Reports.

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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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If an § 240.10b5±1 Trading ``on the basis of'' purchases or sales; provided, in entity decides to assert this affirmative material nonpublic information in insider addition, that any other person who, trading cases. defense, Rule 10b5–1 does not require pursuant to the contract, instruction, or that it satisfy its obligations under the Preliminary Note to § 240.10b5–1: This plan, did exercise such influence must affirmative defense in accordance with provision defines when a purchase or sale not have been aware of the material constitutes trading ‘‘on the basis of’’ material nonpublic information when doing so; any specific design, but rather allows it nonpublic information in insider trading flexibility to select which measure(s) it cases brought under Section 10(b) of the Act and wants to put in place to satisfy the and Rule 10b–5 thereunder. The law of (C) The purchase or sale that occurred elements of the affirmative defense. We insider trading is otherwise defined by was pursuant to the contract, do not believe different performance judicial opinions construing Rule 10b–5, and instruction, or plan. A purchase or sale standards for small entities would be Rule 10b5–1 does not modify the scope of is not ‘‘pursuant to a contract, consistent with the purpose of the rule. insider trading law in any other respect. instruction, or plan’’ if, among other We have made changes to Rule 10b5– (a) General. The ‘‘manipulative and things, the person who entered into the 1 that we believe will decrease its deceptive devices’’ prohibited by contract, instruction, or plan altered or impact on small entities. First, a person Section 10(b) of the Act (15 U.S.C. 78j) deviated from the contract, instruction, may use limit orders in a pre-existing and § 240.10b–5 thereunder include, or plan to purchase or sell securities contract, plan, or instruction created among other things, the purchase or sale (whether by changing the amount, price, while the person was not aware of any of a security of any issuer, on the basis or timing of the purchase or sale), or inside information. Second, Rule 10b5– of material nonpublic information about entered into or altered a corresponding 1 as adopted provides that the price, that security or issuer, in breach of a or hedging transaction or position with amount, and date of a transaction do not duty of trust or confidence that is owed respect to those securities. have to be specified where the purchase directly, indirectly, or derivatively, to (ii) Paragraph (c)(1)(i) of this section or sale that occurred was the result of the issuer of that security or the is applicable only when the contract, the pre-existing contract, plan, or shareholders of that issuer, or to any instruction, or plan to purchase or sell instruction. other person who is the source of the securities was given or entered into in material nonpublic information. good faith and not as part of a plan or VIII. Statutory Bases and Text of scheme to evade the prohibitions of this Amendments (b) Definition of ‘‘on the basis of.’’ Subject to the affirmative defenses in section. We are adopting Regulation FD, the (iii) This paragraph (c)(1)(iii) defines paragraph (c) of this section, a purchase amendments to Form 8–K, Rule 10b5– certain terms as used in paragraph (c) of or sale of a security of an issuer is ‘‘on 1, and Rule 10b5–2 under the authority this Section. the basis of’’ material nonpublic set forth in Sections 10, 19(a), and 28 of (A) Amount. ‘‘Amount’’ means either information about that security or issuer the Securities Act, Sections 3, 9, 10, 13, a specified number of shares or other if the person making the purchase or 15, 23, and 36 of the Exchange Act, and securities or a specified dollar value of sale was aware of the material Section 30 of the Investment Company securities. nonpublic information when the person Act. (B) Price. ‘‘Price’’ means the market made the purchase or sale. price on a particular date or a limit List of Subjects (c) Affirmative defenses. (1)(i) Subject price, or a particular dollar price. to paragraph (c)(1)(ii) of this section, a 17 CFR Part 240 (C) Date. ‘‘Date’’ means, in the case of person’s purchase or sale is not ‘‘on the a market order, the specific day of the Fraud, Reporting and recordkeeping basis of’’ material nonpublic year on which the order is to be requirements, Securities. information if the person making the executed (or as soon thereafter as is 17 CFR Parts 243 and 249 purchase or sale demonstrates that: practicable under ordinary principles of (A) Before becoming aware of the best execution). ‘‘Date’’ means, in the Securities, Reporting and information, the person had: recordkeeping requirements. case of a limit order, a day of the year (1) Entered into a binding contract to on which the limit order is in force. Text of Amendments purchase or sell the security, (2) A person other than a natural (2) Instructed another person to For the reasons set out in the person also may demonstrate that a purchase or sell the security for the preamble, Title 17, Chapter II of the purchase or sale of securities is not ‘‘on instructing person’s account, or Code of Federal Regulations is amended the basis of’’ material nonpublic (3) Adopted a written plan for trading as follows: information if the person demonstrates securities; that: PART 240ÐGENERAL RULES AND (B) The contract, instruction, or plan (i) The individual making the REGULATIONS, SECURITIES described in paragraph (c)(1)(i)(A) of investment decision on behalf of the EXCHANGE ACT OF 1934 this Section: person to purchase or sell the securities (1) Specified the amount of securities was not aware of the information; and 1. The authority citation for Part 240 to be purchased or sold and the price at (ii) The person had implemented continues to read, in part, as follows: which and the date on which the reasonable policies and procedures, Authority: 15 U.S.C. 77c, 77d, 77g, 77j, securities were to be purchased or sold; taking into consideration the nature of 77s, 77z–2, 77eee, 77ggg, 77nnn, 77sss, 77ttt, (2) Included a written formula or the person’s business, to ensure that 78c, 78d, 78f, 78i, 78j, 78j–1, 78k, 78k–1, 78l, algorithm, or computer program, for individuals making investment 78m, 78n, 78o, 78p, 78q, 78s, 78u–5, 78w, determining the amount of securities to decisions would not violate the laws

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Part 243 is added to read as follows: only those persons described in Section and causing any purchase or sale of any 2(a)(3)(C), (D), (E), and (F) of the security as to which the person has PART 243ÐREGULATION FD Investment Company Act of 1940 (15 material nonpublic information, or U.S.C. 80a–2(a)(3)(C), (D), (E), and (F)), Sec. those that prevent such individuals 243.100 General rule regarding selective assuming for these purposes that a from becoming aware of such disclosure. person who would be an investment information. 243.101 Definitions. company but for Section 3(c)(1) (15 3. Section 240.10b5–2 is added to 243.102 No effect on antifraud liability. U.S.C. 80a–3(c)(1)) or Section 3(c)(7) (15 read as follows: 243.103 No effect on Exchange Act U.S.C. 80a–3(c)(7)) of the Investment reporting status. Company Act of 1940 is an investment § 240.10b5±2 Duties of trust or confidence Authority: 15 U.S.C. 78c, 78i, 78j, 78m, company; or in misappropriation insider trading cases. 78o, 78w, 78mm, and 80a–29, unless (iv) Who is a holder of the issuer’s Preliminary Note to § 240.10b5–2: This otherwise noted. securities, under circumstances in section provides a non-exclusive definition which it is reasonably foreseeable that of circumstances in which a person has a § 243.100 General rule regarding selective the person will purchase or sell the disclosure. duty of trust or confidence for purposes of issuer’s securities on the basis of the the ‘‘misappropriation’’ theory of insider (a) Whenever an issuer, or any person information. trading under Section 10(b) of the Act and acting on its behalf, discloses any (2) Paragraph (a) of this section shall Rule 10b–5. The law of insider trading is material nonpublic information not apply to a disclosure made: otherwise defined by judicial opinions regarding that issuer or its securities to construing Rule 10b–5, and Rule 10b5–2 does (i) To a person who owes a duty of any person described in paragraph (b)(1) not modify the scope of insider trading law trust or confidence to the issuer (such as of this section, the issuer shall make in any other respect. an attorney, investment banker, or public disclosure of that information as accountant); (a) Scope of Rule. This section shall provided in § 243.101(e): apply to any violation of Section 10(b) (1) Simultaneously, in the case of an (ii) To a person who expressly agrees of the Act (15 U.S.C. 78j(b)) and intentional disclosure; and to maintain the disclosed information in § 240.10b–5 thereunder that is based on (2) Promptly, in the case of a non- confidence; the purchase or sale of securities on the intentional disclosure. (iii) To an entity whose primary basis of, or the communication of, (b)(1) Except as provided in paragraph business is the issuance of credit material nonpublic information (b)(2) of this section, paragraph (a) of ratings, provided the information is misappropriated in breach of a duty of this section shall apply to a disclosure disclosed solely for the purpose of trust or confidence. made to any person outside the issuer: developing a credit rating and the (b) Enumerated ‘‘duties of trust or (i) Who is a broker or dealer, or a entity’s ratings are publicly available; or confidence.’’ For purposes of this person associated with a broker or (iv) In connection with a securities section, a ‘‘duty of trust or confidence’’ dealer, as those terms are defined in offering registered under the Securities exists in the following circumstances, Section 3(a) of the Securities Exchange Act, other than an offering of the type among others: Act of 1934 (15 U.S.C. 78c(a)); described in any of Rule 415(a)(1)(i)–(vi) (1) Whenever a person agrees to (ii) Who is an investment adviser, as (§ 230.415(a)(1)(i)–(vi) of this chapter). maintain information in confidence; that term is defined in Section (2) Whenever the person 202(a)(11) of the Investment Advisers § 243.101 Definitions. communicating the material nonpublic Act of 1940 (15 U.S.C. 80b–2(a)(11)); an This section defines certain terms as information and the person to whom it institutional investment manager, as used in Regulation FD (§§ 243.100 is communicated have a history, that term is defined in Section 13(f)(5) –243.103). pattern, or practice of sharing of the Securities Exchange Act of 1934 (a) Intentional. A selective disclosure confidences, such that the recipient of (15 U.S.C. 78m(f)(5)), that filed a report of material nonpublic information is the information knows or reasonably on Form 13F (17 CFR 249.325) with the ‘‘intentional’’ when the person making should know that the person Commission for the most recent quarter the disclosure either knows, or is communicating the material nonpublic ended prior to the date of the disclosure; reckless in not knowing, that the information expects that the recipient or a person associated with either of the information he or she is communicating will maintain its confidentiality; or foregoing. For purposes of this is both material and nonpublic. (3) Whenever a person receives or paragraph, a ‘‘person associated with an (b) Issuer. An ‘‘issuer’’ subject to this obtains material nonpublic information investment adviser or institutional regulation is one that has a class of from his or her spouse, parent, child, or investment manager’’ has the meaning securities registered under Section 12 of sibling; provided, however, that the set forth in Section 202(a)(17) of the the Securities Exchange Act of 1934 (15 person receiving or obtaining the Investment Advisers Act of 1940 (15 U.S.C. 78l), or is required to file reports information may demonstrate that no U.S.C. 80b–2(a)(17)), assuming for these under Section 15(d) of the Securities duty of trust or confidence existed with purposes that an institutional Exchange Act of 1934 (15 U.S.C. 78o(d)), respect to the information, by investment manager is an investment including any closed-end investment establishing that he or she neither knew adviser; company (as defined in Section 5(a)(2) nor reasonably should have known that (iii) Who is an investment company, of the Investment Company Act of 1940) the person who was the source of the as defined in Section 3 of the (15 U.S.C. 80a–5(a)(2)), but not information expected that the person Investment Company Act of 1940 (15 including any other investment would keep the information U.S.C. 80a–3), or who would be an company or any foreign government or confidential, because of the parties’ investment company but for Section foreign private issuer, as those terms are history, pattern, or practice of sharing 3(c)(1) (15 U.S.C. 80a–3(c)(1)) or Section defined in Rule 405 under the Securities and maintaining confidences, and 3(c)(7) (15 U.S.C. 80a–3(c)(7)) thereof, or Act (§ 230.405 of this chapter).

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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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