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The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public Paper or fiche 523–5243 interest. Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 64 FR 12345.

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Contents Federal Register Vol. 64, No. 138

Tuesday, July 20, 1999

Agriculture Department Copyright Office, Library of Congress See Animal and Plant Health Inspection Service PROPOSED RULES See Food and Nutrition Service Copyright arbitration royalty panel rules and procedures: See Forest Service Digital phonorecord delivery rate adjustment proceeding, NOTICES 38861–38862 Emergency declarations: California— Defense Department Mediterranean and Mexican fruit flies, 38885 See Engineers Corps Mexico— PROPOSED RULES Mediterranean fruit fly, 38885 Acquisition regulations: Streamlined payment practices, 38878–38880 Animal and Plant Health Inspection Service NOTICES RULES Federal Acquisition Regulation (FAR): Plant-related quarantine, domestic: Agency information collection activities— Citrus canker, 38815–38816 Proposed collection; comment request, 38896 United Kingdom; defense items; waiver of government procurement limitations, 38896–38897 Army Department See Engineers Corps Employment and Training Administration NOTICES Arts and Humanities, National Foundation Adjustment assistance: See National Foundation on the Arts and the Humanities Blanch, 38922 Coeur Rochester, Inc., et al., 38922–38923 Grey Wolf, Inc., 38923 Coast Guard Lambda Electronics, Inc., 38923 RULES Lee Textile, Inc., 38923 Anchorage regulations: Peak Oilfield Service Co., 38923 New York, 38828–38829 Pennant Etc., Inc., 38923–38924 Drawbridge operations: Worcester Co., 38924 New Jersey, 38830–38831 Adjustment assistance and NAFTA transitional adjustment South Carolina, 38829–38830 assistance: NOTICES Agency information collection activities: Dupont Newport et al., 38920–38922 Submission for OMB review; comment request, 38934– NAFTA transitional adjustment assistance: 38935 International Paper Corp., 38924 Procter & Gamble et al., 38924–38926

Commerce Department Energy Department See Foreign-Trade Zones Board See Federal Energy Regulatory Commission See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Electricity export and import authorizations, permits, etc.: NOTICES Southern Company Energy Marketing L.P., 38898–38899 Agency information collection activities: Floodplain and wetlands protection; environmental review Submission for OMB review; comment request, 38886– determinations; availability, etc.: 38887 Savannah River Site, SC; Burial Ground Complex; mixed waste management facility, 38899 Committee for the Implementation of Textile Agreements Grants and cooperative agreements; availability, etc.: NOTICES Greenhouse gases; management technologies research and Cotton, wool, and man-made textiles: development, 38899–38900 China, 38892 Powerplant and industrial fuel use; new electric Nepal, 38892–38893 powerplant coal capability: Self-certification filings— Kissimmee Utility Authority, 38900 Commodity Futures Trading Commission NOTICES Engineers Corps Meetings; Sunshine Act, 38893 Privacy Act: PROPOSED RULES Systems of records, 38893–38896 Water resources development projects; public use, 38854– 38861 NOTICES Consumer Product Safety Commission Environmental statements; notice of intent: NOTICES Pasadena and Seabrook, TX; containerized cargo and Meetings; Sunshine Act, 38896 cruise ship terminal construction, 38897–38898

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Environmental Protection Agency Federal Energy Regulatory Commission RULES NOTICES Air pollutants, hazardous; national emission standards: Agency information collection activities: Off-site waste and recovery operations, 38949–38992 Submission for OMB review; comment request, 38900– Air quality implementation plans; approval and 38901 promulgation; various States: Electric rate and corporate regulation filings: California, 38832–38836 Public Service Co. of New Hampshire et al., 38902–38905 Maryland, 38836–38838 Applications, hearings, determinations, etc.: PROPOSED RULES Detroit Edison Co., 38901 Dynegy Midstream Pipeline, Inc.; correction, 38947 Air pollutants, hazardous; national emission standards: Maritimes & Northeast Pipeline, L.L.C., 38901–38902 Off-site waste and recovery operations, 38993 Questar Pipeline Co., 38902 Air quality implementation plans; approval and promulgation; various States: Federal Reserve System California, 38862 NOTICES Maryland, 38863 Banks and bank holding companies: Water pollution; effluent guidelines for point source Change in bank control, 38908 categories: Formations, acquisitions, and mergers, 38908–38909 Transportation equipment cleaning operations, 38863– Permissible nonbanking activities, 38909 38877 NOTICES Food and Drug Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 38905– Meetings: 38906 Medical Devices Advisory Committee, 38909–38910 Meetings: Food and Nutrition Service Methyl parathion; revised organophosphate pesticide risk PROPOSED RULES assessment, 38995–38997 Child nutrition programs: Superfund; response and remedial actions, proposed National school lunch, school breakfast, summer food settlements, etc.: service, and child and adult care food programs; Sun Laboratories Site, GA, 38906 vegetable protein products requirements Williams Gas Pipelines Central, Inc., Compressor Station modification, 38839–38844 Sites, KS and MO, 38906–38907 Foreign-Trade Zones Board NOTICES Federal Aviation Administration Applications, hearings, determinations, etc.: RULES California, 38887 Airworthiness directives: New York, 38887 British Aerospace, 38821–38822 MD Helicopters, Inc., 38817–38820 Forest Service Class E airspace, 38822–38825 NOTICES PROPOSED RULES Meetings: Air traffic operating and flight rules, etc.: Willamette Provincial Advisory Committee, 38886 Grand Canyon National Park, AZ; special flight rules in vicinity— General Services Administration Meetings on two proposed rules, 38851–38853 NOTICES Airworthiness directives: Federal Acquisition Regulation (FAR): Airbus, 38848–38850 Agency information collection activities— Proposed collection; comment request, 38896 Boeing, 38846–38848 Bombardier, 38850–38851, 38844–38846 Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Exemption petitions; summary and disposition, 38935– See Food and Drug Administration 38938 See Health Care Financing Administration Meetings: See Health Resources and Services Administration Air Traffic Procedures Advisory Committee, 38938 Aviation Rulemaking Advisory Committee; correction, Health Care Financing Administration 38947 NOTICES Agency information collection activities: Proposed collection; comment request, 38910 Federal Communications Commission PROPOSED RULES Health Resources and Services Administration Radio frequency devices: NOTICES Frequency hopping spread spectrum systems operating in Grant and cooperative agreement awards: 2.4 GHz band for wider operational bandwidths, University of Southern California AIDS Social Policy 38877–38878 Archive, 38910–38911 NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities: Ryan White CARE Act services; Targeted Provider Proposed collection; comment request, 38907–38908 Education Demonstration Grants, 38911–38912

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Housing and Urban Development Department Realty actions; sales, leases, etc.: PROPOSED RULES Nevada, 38914–38915 Public and Indian housing: Capital Fund Allocation Negotiated Rulemaking Library of Congress Committee— See Copyright Office, Library of Congress Meetings, 38853–38854 National Aeronautics and Space Administration Immigration and Naturalization Service PROPOSED RULES NOTICES Acquisition regulations: Agency information collection activities: Risk management, 38880–38884 Submission for OMB review; comment request, 38919– NOTICES 38920 Federal Acquisition Regulation (FAR): Agency information collection activities— Interior Department Proposed collection; comment request, 38896 See Land Management Bureau See National Park Service National Archives and Records Administration See Surface Mining Reclamation and Enforcement Office NOTICES NOTICES Agency information collection activities: Central Utah Water Conservancy District: Proposed collection; comment request, 38927–38929 Alpine Aqueduct System, Bonneville Unit; construction agreement, 38912 National Foundation on the Arts and the Humanities NOTICES Internal Revenue Service Meetings: RULES Combined Arts Advisory Panel, 38929 Income taxes: Taxpayer Relief Act— National Highway Traffic Safety Administration Employee stock ownership plans; protected and NOTICES qualified retirement plan benefits; correction, Grants and cooperative agreements; availability, etc.: 38825–38826 Buckle Up America Campaign; seat belt enforcement in NOTICES major metropolitan areas, 38938–38941 Agency information collection activities: Proposed collection; comment request, 38942–38944 National Oceanic and Atmospheric Administration Health Insurance Portability and Accountability Act of PROPOSED RULES 1996; implementation: Ocean and coastal resource management: Expatriation; individuals losing United States citizenship; Marine sanctuaries— quarterly list, 38944–38946 Channel Islands National Marine Sanctuary, CA; Tax counseling program for elderly; application packages; management plan/regulations review and intent to availability, 38946 prepare environmental impact statement; scoping International Trade Administration meeting, 38853 NOTICES NOTICES Antidumping: National Weather Service; modernization and restructuring: Fresh cut flowers from— Weather Service offices— Colombia, 38887–38888 Consolidation, automation, and closure certifications, Large newspaper printing presses and components, 38891–38892 assembled or unassembled, from— National Park Service Japan, 38888–38890 Oil country tubular goods from— NOTICES Environmental statements; availability, etc.: Korea, 38890–38891 Reston, VA; Colonial Pipeline Oil Spill; restoration International Trade Commission alternatives, 38915–38916 NOTICES Environmental statements; notice of intent: Meetings; Sunshine Act, 38919 Big South Fork National River and Recreation Area, KY and TN; roads and trails management plan, 38916 Justice Department National Register of Historic Places: See Immigration and Naturalization Service Pending nominations, 38916–38917 Labor Department Nuclear Regulatory Commission See Employment and Training Administration RULES See Occupational Safety and Health Administration Fee schedules revision; 100% fee recovery (1999 FY) Correction, 38816–38817 Land Management Bureau NOTICES NOTICES Applications, hearings, determinations, etc.: Environmental statements; availability, etc.: Central Hudson Gas & Electric Corp, 38929–38930 Newcastle Resource Area, WY, 38912–38913 Motor vehicle use restrictions: Occupational Safety and Health Administration Oregon, 38913 NOTICES Public land orders: Nationally recognized testing laboratories, etc.: Utah, 38914 Canadian Standards Association et al., 38926–38927

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Postal Service Railroad services abandonment: RULES Union Pacific Railroad Co., 38942 Domestic Mail Manual: Nonprofit and classroom periodicals classification Tennessee Valley Authority changes and notice of refund procedures, 38831– NOTICES 38832 Environmental statements; availability, etc.: NOTICES Johnsonville Fossil Plant and Gallatin Fossil Plant, TN; Domestic rates, fees, and mail classifications: peaking capacity additions, 38932–38934 Periodicals rate anomaly, 38930–38931 Public Health Service Textile Agreements Implementation Committee See Centers for Disease Control and Prevention See Committee for the Implementation of Textile See Food and Drug Administration Agreements See Health Resources and Services Administration Transportation Department Railroad Retirement Board See Coast Guard NOTICES See Federal Aviation Administration Agency information collection activities: See National Highway Traffic Safety Administration Submission for OMB review; comment request, 38931– See Surface Transportation Board 38932 NOTICES Aviation proceedings: Small Business Administration Hearings, etc.— NOTICES Puerto Rico Airways, Corp., 38934 License surrenders: VK Capital Co., 38932 Treasury Department Applications, hearings, determinations, etc.: See Internal Revenue Service CapEx L.P., 38932 TD Origen Capital Fund, L.P., 38932 Surface Mining Reclamation and Enforcement Office Separate Parts In This Issue RULES Permanent program and abandoned mine land reclamation Part II plan submissions: Environmental Protection Agency, 38949–38993 North Dakota, 38826–38828 NOTICES Part III Agency information collection activities: Environmental Protection Agency, 38995–38997 Submission for OMB review; comment request, 38917– 38919 Surface Transportation Board Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Railroad operation, acquisition, construction, etc.: phone numbers, online resources, finding aids, reminders, Grand Trunk Western Railroad Inc., 38941–38942 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 1846...... 38880 301...... 38815 1852...... 38880 Proposed Rules: 210...... 38839 220...... 38839 225...... 38839 226...... 38839 10 CFR 170...... 38816 171...... 38816 14 CFR 39 (2 documents) ...... 38817, 38821 71 (4 documents) ...... 38822, 38823, 38824 Proposed Rules: 39 (4 documents) ...... 38844, 38846, 38848, 38850 93...... 38851 15 CFR Proposed Rules: 922...... 38853 24 CFR Proposed Rules: Ch. IX...... 38853 26 CFR 1...... 38825 30 CFR 934...... 38826 33 CFR 110...... 28828 117 (2 documents) ...... 28829, 38830 36 CFR Proposed Rules: 327...... 38854 37 CFR Proposed Rules: 255...... 38861 39 CFR 111...... 38831 40 CFR 52 (2 documents) ...... 38832, 38836 63...... 38950 Proposed Rules: 52 (2 documents) ...... 38862, 38863 63...... 38993 442...... 38863 47 CFR Proposed Rules: 15...... 38877 48 CFR Proposed Rules: 208...... 38878 212...... 38878 213...... 38878 214...... 38878 215...... 38878 232...... 38878 252...... 38878 1807...... 38880 1811...... 38880 1812...... 38880 1815...... 38880 1816...... 38880 1823...... 38880 1842...... 38880

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Rules and Regulations Federal Register Vol. 64, No. 138

Tuesday, July 20, 1999

This section of the FEDERAL REGISTER Dade County, FL, as a quarantined area None of the comments we received contains regulatory documents having general and by amending the definition of citrus addressed these issues. Therefore, we applicability and legal effect, most of which canker. In a second interim rule have based this analysis on the are keyed to and codified in the Code of effective January 26, 1999, and information available to us. Federal Regulations, which is published under published in the Federal Register on We have identified approximately 50 titles pursuant to 44 U.S.C. 1510. February 1, 1999 (64 FR 4777–4780, 4,056 entities within the quarantined The Code of Federal Regulations is sold by Docket No. 95–086–2), we expanded the areas that could be affected by this the Superintendent of Documents. Prices of quarantined area in Dade County and interim rule. These entities consist of 81 new books are listed in the first FEDERAL quarantined additional areas in nurseries, 6 nursery stock dealers, 224 REGISTER issue of each week. Broward, Collier, and Manatee Counties, fresh fruit retail stores, 13 fruit packers, FL. These actions restricted the 13 gift fruit shippers, 73 commercial interstate movement of regulated groves, 33 grove maintenance services, DEPARTMENT OF AGRICULTURE articles from and through the 43 fruit harvesting contractors, 3,549 quarantined areas. lawn maintenance businesses, 13 fruit Animal and Plant Health Inspection Comments on the first interim rule transporters, 2 fruit processors, and 6 Service were required to be received on or flea markets. The numbers provided for before March 22, 1996. We received two 7 CFR Part 301 all entities except commercial groves comments, one from a State agricultural include entities that are located within [Docket No. 95±086±3] agency and one from an association the quarantined area as well as entities representing citrus growers. Both located outside the quarantined area Citrus Canker; Addition to Quarantined comments fully supported the interim that could be affected. Areas rule. The number of these entities that meet Comments on the second interim rule AGENCY: Animal and Plant Health the Small Business Administration were required to be received on or Inspection Service, USDA. (SBA) definition of a small entity is before April 2, 1999. We did not receive ACTION: Affirmation of interim rules as unknown, since the information needed any comments. to make that determination (i.e., each final rule. Therefore, for the reasons given in the entity’s annual sales) is not currently interim rules, we are adopting the SUMMARY: We are adopting as a final available. However, it is reasonable to rule, without change, two interim rules interim rules as a final rule. This action also affirms the assume that most of these entities are that amended the citrus canker small in size because the majority of the regulations by adding portions of information contained in the interim rules concerning Executive Orders same or similar businesses in southern Broward, Collier, Dade, and Manatee Florida, as well as in the rest of the Counties, FL, to the list of quarantined 12866, 12372, and 12988, and the Paperwork Reduction Act. United States, are small entities by SBA areas. These actions imposed certain Further, for this action, the Office of standards. In 1992, for example, the restrictions on the interstate movement Management and Budget has waived the average sales per establishment for all of regulated articles from and through review process required by Executive metropolitan Miami area establishments the quarantined areas. The interim rules Order 12866. primarily engaged in selling trees, were necessary to prevent the spread of shrubs, and seed to the general public citrus canker into noninfested areas of Regulatory Flexibility Act (SIC 526, which includes retail the United States. This rule affirms two interim rules nurseries) was $340,340, which is well EFFECTIVE DATE: The interim rule that amended the citrus canker below the SBA’s current small entity published at 61 FR 1519 became regulations by adding portions of size standard for such businesses of $5 effective on January 16, 1996, and the Broward, Collier, Dade, and Manatee million in sales. In 1992, the average interim rule published at 64 FR 4777 Counties, FL, to the list of quarantined sales per establishment for all became effective January 26, 1999. areas. These actions imposed certain metropolitan Miami area establishments FOR FURTHER INFORMATION CONTACT: Mr. restrictions on the interstate movement primarily engaged in selling general Stephen Poe, Operations Officer, of regulated articles from and through food items for home consumption (SIC Program Support Staff, PPQ, APHIS, the quarantined areas. The interim rules 541, which includes grocery stores) was 4700 River Road Unit 134, Riverdale, were necessary to prevent the spread of $2.6 million, which is also well below MD 20737–1236; (301) 734–8247; or e- citrus canker into noninfested areas of the SBA’s current small entity size mail: [email protected]. the United States. standard for such businesses of $20 SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 604 of the million in sales. Similarly, in 1992 the Regulatory Flexibility Act, we have average sales per establishment for all Background performed a final regulatory flexibility metropolitan Miami area establishments In an interim rule effective January analysis, which is set out below, primarily engaged in selling certain 16, 1996, and published in the Federal regarding the economic effects of the other food items for home consumption Register on January 22, 1996 (61 FR interim rules on small entities. In the (SIC 543, 544, 545, and 549, which 1519–1521, Docket No. 95–086–1), we interim rules, we requested comments include fruit and vegetable markets) was amended the citrus canker regulations with information on the number and $453,138, which is well below the (contained in 7 CFR 301.75–1 through kinds of small entities that may have SBA’s current small entity size standard 301.75–14) by designating an area of incurred benefits or costs from the for such businesses of $5 million in approximately 140 square miles within implementation of the interim rules. sales. Finally, in 1993, the average sales

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These inspections may be EFFECTIVE DATE: August 9, 1999. for such businesses of $5 million in inconvenient, but the inspections will FOR FURTHER INFORMATION CONTACT: sales. not result in any additional costs for the Glenda Jackson, Office of the Chief Fresh fruit retail stores, nurseries, and nurseries or growers because APHIS or Financial Officer, U.S. Nuclear lawn maintenance companies comprise, the State of Florida will provide the Regulatory Commission, Washington, on a combined basis, 3,860 services of the inspector without cost to DC 20555–0001, Telephone 301–415– (approximately 95 percent) of the total the nursery or grower. 6057. 4,056 entities potentially affected by The alternative to the interim rules this interim rule. The operations of was to make no changes in the citrus SUPPLEMENTARY INFORMATION: those entities are, for the most part, canker regulations. We rejected this In rule FR Doc. 99–14697 published local in nature; they do not typically alternative because failure to quarantine on June 10, 1999 (64 FR 31448), make move regulated articles outside of the portions of Broward, Collier, Dade, and the following corrections: State of Florida during the normal Manatee Counties, FL, could result in 1. On page 31458, in the second course of their business, and consumers great economic losses for domestic column, in the first complete paragraph, do not generally move products citrus producers. in lines 17 and 18, the words ‘‘the NRC purchased from those entities out of the The interim rules contained no new reviewer’s title’’ are removed and State. The fruit sold by grocery stores information collection or recordkeeping replaced with ‘‘a brief description of the and other retail food outlets is generally requirements. work being performed’. sold for local consumption. Retail List of Subjects in 7 CFR Part 301 2. On page 31466, in the second nurseries also market their products for column, under 5c(2), in the sixth line, local consumption. Lawn maintenance Agricultural commodities, Plant the word ‘‘no’’ is removed. businesses collect yard debris, but they diseases and pests, Quarantine, 3. On page 31470, in the first column, do not normally transport that debris Reporting and recordkeeping paragraphs (a)(7)(ii) and (a)(7)(iii) are outside the State for disposal. requirements, Transportation. redesignated as paragraphs (a)(7)(ii)(B) The fresh fruit retailers affected by PART 301ÐDOMESTIC QUARANTINE and (a)(7)(ii)(C), respectively, and a new this interim rule will be required to NOTICES paragraph (a)(7)(ii)(A) is added to read abide by restrictions on the interstate as follows: movement of regulated articles. They Accordingly, we are adopting as a may be affected by this interim rule final rule, without change, two interim § 170.12 Payment of fees. because fruit sold within the rules that amended 7 CFR part 301 and (a) * * * quarantined areas in retail stores cannot that were published at 61 FR 1519–1521 (7) * * * be moved outside of the quarantined on January 22, 1996, and 64 FR 4777– (ii)(A) In the case of a design which areas. However, we expect any direct 4780 on February 1, 1999. has been approved but not certified and costs of compliance for fresh fruit Authority: 7 U.S.C. 147a, 150bb, 150dd, for which no application for retailers to be minimal. 150ee, 150ff, 161, 162, and 164–167; 7 CFR certification is pending, if the design is The lawn maintenance companies 2.22, 2.80, and 371.2(c). not referenced, or if all costs are not affected by this interim rule will be Done in Washington, DC, this 13th day of recovered within five years after the required to perform additional July 1999. date of the preliminary design approval sanitation measures when maintaining Charles P. Schwalbe, (PDA), or the final design approval (FDA), the applicant shall pay the costs, an area inside the quarantined areas. Acting Administrator, Animal and Plant Lawn maintenance companies will have Health Inspection Service. or remainder of those costs, at that time. to clean and disinfect their equipment [FR Doc. 99–18438 Filed 7–19–99; 8:45 am] * * * * * after grooming an area within the quarantined areas, and they must BILLING CODE 3410±34±P § 171.15 [Corrected] properly dispose of any clippings from 4. On page 31475, in the second plants or trees within the quarantined column, the heading for § 171.15 is NUCLEAR REGULATORY areas. These requirements will slightly corrected to read: ‘‘§ 171.15 Annual COMMISSION increase costs for lawn maintenance Fees: Reactor licenses and independent companies affected by this interim rule. 10 CFR Parts 170 and 171 spent fuel storage licenses.’’ Commercial citrus growers, processors, packers, and shippers RIN 3150±AG08 § 171.16 [Corrected] within the quarantined areas will still 5. We are correcting the table in Revision of Fee Schedules; 100% Fee be able to move their fruit interstate, § 171.16(d), ‘‘Schedule of Materials Recovery, FY 1999; Correction provided the fruit is treated and not Annual Fees and Fees for Government shipped to another citrus-producing AGENCY: Nuclear Regulatory Agencies Licensed by NRC,’’ in the State. Growers will have to bear the cost Commission. following manner: of treatment, but that cost is expected to ACTION: Final rule; correction. a. On pages 31477 through 31479, be minimal. The prohibition on moving insert ‘‘$’’ before each amount listed the fruit to other citrus-producing States SUMMARY: This document corrects a under the heading ‘‘Annual fees 123.’’ is not expected to negatively affect final rule appearing in the Federal b. On page 31477, under 1.B, remove entities within the quarantined areas Register on June 10, 1999 (64 FR 31448), the sentence ‘‘See 10 CFR part because most States do not produce concerning the licensing, inspection, 171.15(c),’’ and under the heading citrus and growers are expected to be and annual fees charged to its ‘‘Annual fees 123,’’ insert ‘‘ 11N/A.’’

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c. On page 31479, under 10.A, under June 16, 1999, which contained the 369D21701–21, with an airworthy fork the heading ‘‘Annual fees 123,’’ the word requirements of this amendment. assembly. This AD also requires a ‘‘ 6N’’ is corrected to read ‘‘6N/A.’’ Comments for inclusion in the Rules repetitive inspection of P/N d. On page 31479, under 13.B, remove Docket must be received on or before 369D21701–21 without ridges, at the sentence ‘‘N/A (See 10 CFR Part September 20, 1999. intervals not to exceed 50 hours TIS and 171.15(c),’’ and under the heading ADDRESSES: Submit comments in removing and replacing, if necessary, ‘‘Annual fees 123,’’ insert ‘‘ 11N/A.’’ triplicate to the Federal Aviation each unairworthy fork assembly with an e. On page 31479, footnote 11 is Administration (FAA), Office of the airworthy fork assembly before further added to read as follows: ‘‘ 11Annual Regional Counsel, Southwest Region, flight. The actions are required to be fees for this category of licenses are Attention: Rules Docket No. 99–SW–40– accomplished in the area defined in assessed under 10 CFR 171.15(c).’’ AD, 2601 Meacham Blvd., Room 663, Figure 1, Sheet 2 of 2 of this AD. The Dated at Rockville, Maryland, this 14th day Fort Worth, Texas 76137. short compliance time involved is of July, 1999. FOR FURTHER INFORMATION CONTACT: John required because the previously described critical unsafe condition can For the Nuclear Regulatory Commission. L. Cecil, Aerospace Engineer, FAA, Los Angeles Aircraft Certification Office, adversely affect the structural integrity Jesse L. Funches, of the helicopter. Therefore, inspecting Chief Financial Officer. Airframe Branch, 3960 Paramount Blvd., Lakewood, California 90712, and replacing, if necessary, the fork [FR Doc. 99–18469 Filed 7–19–99; 8:45 am] telephone (562) 627–5228, fax (562) assembly, P/N 369D21701–21, with an BILLING CODE 7590±01±P 627–5210. airworthy fork assembly is required prior to further flight, and this AD must SUPPLEMENTARY INFORMATION: On June be issued immediately. 16, 1999, the FAA issued Priority Letter DEPARTMENT OF TRANSPORTATION Since it was found that immediate AD 99–13–09, applicable to MDHI corrective action was required, notice Federal Aviation Administration Model 369D and E helicopters with fork and opportunity for prior public assembly, part number (P/N) comment thereon were impracticable 14 CFR Part 39 369D21701–2 installed, which requires, and contrary to the public interest, and prior to further flight, inspecting each good cause existed to make the AD [Docket No. 99±SW±40±AD; Amendment fork assembly, P/N 369D21701–2, for 39±11228; AD 99±13±09] effective immediately by individual the presence of ridges on the arms and, letters issued on June 16, 1999 to all RIN 2120±AA64 if no ridges are present, conducting a known U.S. owners and operators of dye-penetrant and visual inspection for MDHI Model 369D and E helicopters. Airworthiness Directives; MD cracks. If a crack is found, the fork These conditions still exist, and the AD Helicopters, Inc (MDHI) Model 369D assembly must be replaced with an is hereby published in the Federal and E Helicopters airworthy fork assembly that has ridges. Register as an amendment to section This AD also requires a repetitive visual 39.13 of the Federal Aviation AGENCY: Federal Aviation inspection at intervals not to exceed 50 Regulations (14 CFR 39.13) to make it Administration, DOT. hours TIS of those fork assemblies effective to all persons. ACTION: Final rule; request for without ridges that are currently The FAA estimates that 24 helicopters comments. installed but for which the initial visual of U.S. registry will be affected by this and dye-penetrant inspection did not AD, that it will take approximately 2 SUMMARY: This document publishes in uncover a crack and removing and work hours per helicopter to perform the Federal Register an amendment replacing, if necessary, each the initial inspection and 1 work hour adopting Airworthiness Directive (AD) unairworthy fork assembly with an per helicopter for each repetitive 99–13–09 which was sent previously to airworthy fork assembly before further inspection. Replacing a fork assembly, if all known U.S. owners and operators of flight. That action was prompted by necessary, will take approximately 5 MDHI Model 369D and E helicopters by reports from the manufacturer of the work hours. The average labor rate is individual letters. This AD requires, discovery of a discrepant part. During $60 per work hour. The manufacturer prior to further flight, inspecting and the manufacturing process, an unknown states that there will be no parts cost replacing, if necessary, a certain four- number of certain fork assemblies were since the required parts are covered bladed tail rotor fork (fork) assembly. incorrectly machined in critical areas under the manufacturer’s warranty. This AD also requires a repetitive after the shot-peening process. The two Based on these figures, the total cost inspection of certain fork assemblies at ridges on each of the arms of the fork impact of the AD on U.S. operators is intervals not to exceed 50 hours time-in- assemblies were incorrectly machined estimated to be $20,880; assuming service (TIS) and removing and off. This condition, if not corrected, $2,880 for the initial inspection of the replacing, if necessary, each could result in failure of certain fork entire fleet, $14,400 for 10 repetitive unairworthy fork assembly with an assemblies, which could cause loss of a inspections for the entire fleet, and airworthy fork assembly before further tail rotor blade and subsequent loss of $3,600 to replace 12 fork assemblies. flight. This amendment is prompted by control of the helicopter. reports from the manufacturer of the Since the unsafe condition described Comments Invited discovery of a discrepant part. The is likely to exist or develop on other Although this action is in the form of actions specified by this AD are MDHI Model 369D and E helicopters of a final rule that involves requirements intended to prevent failure of certain the same type design, the FAA issued affecting flight safety and, thus, was not fork assemblies, which could cause loss Priority Letter AD 99–13–09 to prevent preceded by notice and an opportunity of a tail rotor blade and subsequent loss failure of the fork assembly which can for public comment, comments are of control of the helicopter. result in loss of a tail rotor blade and invited on this rule. Interested persons DATES: Effective August 4, 1999, to all subsequent loss of control of the are invited to comment on this rule by persons except those persons to whom helicopter. The AD requires, prior to submitting such written data, views, or it was made immediately effective by further flight, inspecting and replacing, arguments as they may desire. Priority Letter AD 99–13–09, issued on if necessary, the fork assembly, P/N Communications should identify the

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Rules Docket number and be submitted FR 11034, February 26, 1979). If it is Compliance: Required as indicated, unless in triplicate to the address specified determined that this emergency accomplished previously. under the caption ADDRESSES. All regulation otherwise would be To prevent failure of the fork assembly, P/ communications received on or before significant under DOT Regulatory N 369D21701–21, which can result in loss of the closing date for comments will be Policies and Procedures, a final a tail rotor blade and subsequent loss of control of the helicopter, accomplish the considered, and this rule may be regulatory evaluation will be prepared following: amended in light of the comments and placed in the Rules Docket. A copy (a) Before further flight, inspect each fork received. Factual information that of it, if filed, may be obtained from the assembly, P/N 369D21701–21, for the supports the commenter’s ideas and Rules Docket at the location provided presence of ridges on the arms. See Figure 1, suggestions is extremely helpful in under the caption ADDRESSES. sheets 1 and 2. evaluating the effectiveness of the AD List of Subjects in 14 CFR Part 39 Note 2: MD Helicopters, Inc., Service action and determining whether Bulletin SB369D–198, SB369E–092, dated additional rulemaking action would be Air transportation, Aircraft, Aviation May 10, 1999, pertains to the subject of this needed. safety, Safety. AD. Comments are specifically invited on Adoption of the Amendment (1) If ridges are found, no further action is the overall regulatory, economic, required by this AD. environmental, and energy aspects of Accordingly, pursuant to the (2) If no ridges are found, chemically the rule that might suggest a need to authority delegated to me by the remove paint from the machined areas, modify the rule. All comments Administrator, the Federal Aviation inspect the fork assembly for a crack using submitted will be available, both before Administration amends part 39 of the the dye-penetrant procedure of MIL–STD– and after the closing date for comments, Federal Aviation Regulations (14 CFR 6866 or ASTM–E1417, and conduct a visual in the Rules Docket for examination by part 39) as follows: inspection using a 10X or higher magnifying glass. (See Figure 1, sheets 1 and 2.) Replace interested persons. A report that PART 39ÐAIRWORTHINESS a cracked fork assembly with an airworthy summarizes each FAA-public contact fork assembly. A fork assembly without concerned with the substance of this AD DIRECTIVES ridges, P/N 369D21701–21, may not be will be filed in the Rules Docket. 1. The authority citation for part 39 installed. Commenters wishing the FAA to continues to read as follows: Note 3: The fork assembly is titanium, acknowledge receipt of their comments which requires dwell times for the dye- submitted in response to this rule must Authority: 49 U.S.C. 106(g), 40113, 44701. penetrant inspection that are appropriate for submit a self-addressed, stamped § 39.13 [Amended] titanium. postcard on which the following (b) Thereafter, at intervals not to exceed 50 2. Section 39.13 is amended by statement is made: ‘‘Comments to hours time-in-service (TIS), visually inspect adding a new airworthiness directive to Docket No. 99–SW–40–AD.’’ The each fork assembly without ridges, P/N read as follows: postcard will be date stamped and 369D21701–21, for a crack using a 10X or returned to the commenter. AD 99–13–09 MD Helicopters, Inc.: higher magnifying glass. (See Figure 1, sheets The regulations adopted herein will Amendment 39–11228. Docket No. 99– 1 and 2.) If a crack is found, replace the SW–40–AD. cracked fork assembly with an airworthy fork not have substantial direct effects on the assembly. A fork assembly without ridges, P/ States, on the relationship between the Applicability: Model 369D and E helicopters, with four-bladed tail rotor fork N 369D21701–21, may not be installed. national government and the States, or (c) Replacing an unairworthy fork assembly on the distribution of power and (fork) assemblies, part number (P/N) 369D21701–21, installed, certificated in any with an airworthy fork assembly other than responsibilities among the various category. P/N 369D21701–21 without ridges levels of government. Therefore, in constitutes terminating action for this AD. Note 1: This AD applies to each helicopter accordance with Executive Order 12612, (d) An alternative method of compliance or identified in the preceding applicability adjustment of the compliance time that it is determined that this final rule does provision, regardless of whether it has been not have sufficient federalism provides an acceptable level of safety may be otherwise modified, altered, or repaired in used if approved by the Manager, Los implications to warrant the preparation the area subject to the requirements of this Angeles Aircraft Certification Office, FAA. of a Federalism Assessment. AD. For helicopters that have been modified, Operators shall submit their requests through The FAA has determined that this altered, or repaired so that the performance an FAA Principal Maintenance Inspector, regulation is an emergency regulation of the requirements of this AD is affected, the who may concur or comment and then send that must be issued immediately to owner/operator must request approval for an it to the Manager, Los Angeles Aircraft correct an unsafe condition in aircraft, alternative method of compliance in Certification Office. and that it is not a ‘‘significant accordance with paragraph (d) of this AD. The request should include an assessment of Note 4: Information concerning the regulatory action’’ under Executive the effect of the modification, alteration, or existence of approved alternative methods of Order 12866. It has been determined repair on the unsafe condition addressed by compliance with this AD, if any, may be further that this action involves an this AD; and, if the unsafe condition has not obtained from the Los Angeles Aircraft emergency regulation under DOT been eliminated, the request should include Certification Office. Regulatory Policies and Procedures (44 specific proposed actions to address it. BILLING CODE 4910±13±P

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(e) Special flight permits will not be effective by Priority Letter AD 99–13–09, Issued in Fort Worth, Texas, on July 13, issued. issued June 16, 1999, which contained the 1999. (f) This amendment becomes effective on requirements of this amendment. Henry A. Armstrong, August 4, 1999, to all persons except those Manager, Rotorcraft Directorate, Aircraft persons to whom it was made immediately Certification Service. [FR Doc. 99–18367 Filed 7–19–99; 8:45 am] BILLING CODE 4910±13±C

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DEPARTMENT OF TRANSPORTATION removing the nose landing gear steering will incur over the life of his/her selector valve and installing either a airplane. Federal Aviation Administration new nose landing gear steering selector Regulatory Impact valve or one that has been overhauled 14 CFR Part 39 in accordance with the appropriate The regulations adopted herein will [Docket No. 98±CE±115±AD; Amendment component maintenance manual. not have substantial direct effects on the 39±11231; AD 99±15±11] Accomplishment of the proposed States, on the relationship between the action as specified in the NPRM would national government and the States, or RIN 2120±AA64 be required in accordance with the on the distribution of power and Airworthiness Directives; British applicable maintenance manual, as responsibilities among the various Aerospace HP137 Mk1, Jetstream specified in British Aerospace Jetstream levels of government. Therefore, in Series 200, and Jetstream Models 3101 Service Bulletin 32–JA980841, Original accordance with Executive Order 12612, and 3201 Airplanes Issue: October 28, 1998. it is determined that this final rule does The FAA is requiring in another not have sufficient federalism AGENCY: Federal Aviation action (Docket No. 98–CE–117–AD) a implications to warrant the preparation Administration, DOT. one-time inspection of the nose wheel of a Federalism Assessment. ACTION: Final rule. steering system to assure that the free For the reasons discussed above, I play between the steering handle or certify that this action (1) is not a SUMMARY: This amendment adopts a knob and the nose wheels is within ‘‘significant regulatory action’’ under new airworthiness directive (AD) that acceptable limits, with adjustment as Executive Order 12866; (2) is not a applies to all British Aerospace HP137 necessary. ‘‘significant rule’’ under DOT Mk1, Jetstream series 200, and Jetstream The NPRM was the result of Regulatory Policies and Procedures (44 Models 3101 and 3201 airplanes. This mandatory continuing airworthiness FR 11034, February 26, 1979); and (3) AD requires repetitively removing the information (MCAI) issued by the will not have a significant economic nose landing gear steering selector valve airworthiness authority for the United impact, positive or negative, on a and installing either a new nose landing Kingdom. substantial number of small entities gear steering selector valve or one that Interested persons have been afforded under the criteria of the Regulatory has been overhauled in accordance with an opportunity to participate in the Flexibility Act. A copy of the final the appropriate component maintenance making of this amendment. One evaluation prepared for this action is manual. This AD is the result of comment was received in favor of the contained in the Rules Docket. A copy mandatory continuing airworthiness NPRM and no comments were received of it may be obtained by contacting the information (MCAI) issued by the on the FAA’s determination of the cost Rules Docket at the location provided airworthiness authority for the United to the public. under the caption ADDRESSES. Kingdom. The actions specified by this The FAA’s Determination AD are intended to prevent the inability List of Subjects in 14 CFR Part 39 to steer the airplane because of wear in After careful review of all available Air transportation, Aircraft, Aviation the nose landing gear steering selector information related to the subject safety. differential, which could result in loss presented above, the FAA has Adoption of the Amendment of control of the airplane during take- determined that air safety and the off, landing, or taxi operations. public interest require the adoption of Accordingly, pursuant to the DATES: Effective September 10, 1999. the rule as proposed except for minor authority delegated to me by the editorial corrections. The FAA has Administrator, the Federal Aviation ADDRESSES: This information may be determined that these minor corrections Administration amends part 39 of the examined at the Federal Aviation will not change the meaning of the AD Federal Aviation Regulations (14 CFR Administration (FAA), Central Region, and will not add any additional burden part 39) as follows: Office of the Regional Counsel, upon the public than was already Attention: Rules Docket No. 98–CE– proposed. PART 39ÐAIRWORTHINESS 115–AD, Room 1558, 601 E. 12th Street, DIRECTIVES Kansas City, Missouri 64106. Cost Impact FOR FURTHER INFORMATION CONTACT: Mr. The FAA estimates that 350 airplanes 1. The authority citation for part 39 S.M. Nagarajan, Aerospace Engineer, in the U.S. registry will be affected by continues to read as follows: FAA, Small Airplane Directorate, 1201 the initial replacement, that it will take Authority: 49 U.S.C. 106(g), 40113, 44701. Walnut, suite 900, Kansas City, Missouri approximately 4 workhours per airplane § 39.13 [Amended] 64106; telephone: (816) 426–6932; to accomplish this action, and that the facsimile: (816) 426–2169. average labor rate is approximately $60 2. Section 39.13 is amended by adding a new airworthiness directive SUPPLEMENTARY INFORMATION: an hour. Parts cost approximately $2,500 per airplane. Based on these (AD) to read as follows: Events Leading to the Issuance of This figures, the total cost impact of the 99–15–11 British Aerospace: Amendment AD initial replacement on U.S. operators is 39–11231; Docket No. 98–CE–115–AD. A proposal to amend part 39 of the estimated to be $959,000, or $2,740 per Applicability: HP137 Mk1, Jetstream Series Federal Aviation Regulations (14 CFR airplane. 200, and Jetstream Models 3101 and 3201 part 39) to include an AD that would These figures only take into account airplanes, all serial numbers, certificated in any category. apply to all British Aerospace HP137 the cost of the initial overhaul or Mk1, Jetstream series 200, and Jetstream replacement and do not take into Note 1: This AD applies to each airplane identified in the preceding applicability Models 3101 and 3201 airplanes was account the cost of subsequent provision, regardless of whether it has been published in the Federal Register as a overhauls or replacements. The FAA modified, altered, or repaired in the area notice of proposed rulemaking (NPRM) has no way of determining the number subject to the requirements of this AD. For on April 23, 1999 (64 FR 19936). The of overhauls or replacements that each airplanes that have been modified, altered, or NPRM proposed to require repetitively owner/operator of the affected airplanes repaired so that the performance of the

VerDate 18-JUN-99 08:23 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\A20JY0.103 pfrm07 PsN: 20JYR1 38822 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations requirements of this AD is affected, the 479888; facsimile: (01292) 479703. This at the Airspace Branch, Air Traffic owner/operator must request approval for an service information may be examined at the Division, Federal Aviation alternative method of compliance in FAA, Central Region, Office of the Regional Administration, Southwest Region, accordance with paragraph (c) of this AD. Counsel, Room 1558, 601 E. 12th Street, The request should include an assessment of Kansas City, Missouri 64106. Room 414, Fort Worth, TX. the effect of the modification, alteration, or Note 4: The subject of this AD is addressed FOR FURTHER INFORMATION CONTACT: repair on the unsafe condition addressed by in British Aerospace Jetstream Alert Service Donald J. Day, Airspace Branch, Air this AD; and, if the unsafe condition has not Bulletin 32–JA980841, Original Issue: Traffic Division, Southwest Region, been eliminated, the request should include October 28, 1998. This service bulletin is specific proposed actions to address it. classified as mandatory by the United Federal Aviation Administration, Fort Compliance: Upon accumulating 10,000 Kingdom Civil Aviation Authority (CAA). Worth, TX 76193–0520, telephone: 817– hours time-in-service (TIS) on the nose (e) This amendment becomes effective on 222–5593. landing gear selector valve or within the next September 10, 1999. SUPPLEMENTARY INFORMATION: This 12 calendar months after the effective date of Issued in Kansas City, Missouri, on July 13, amendment to 14 CFR part 71 revises this AD, whichever occurs later, unless 1999. already accomplished; and thereafter each the Class E airspace at Raton, NM. The time 10,000 hours TIS is accumulated on a Michael Gallagher, development of a NDB and GPS SIAP, nose landing gear selector valve. Manager, Small Airplane Directorate, Aircraft at Raton Municipal/Crews Field, Raton, To prevent the inability to steer the Certification Service. NM has made this rule necessary. This airplane because of wear in the nose landing [FR Doc. 99–18366 Filed 7–19–99; 8:45 am] action is intended to provide adequate gear steering selector differential, which BILLING CODE 4910±13±P controlled airspace extending upward could result in loss of control of the airplane during take-off, landing, or taxi operations, from 700 feet or more above the surface for IFR operations to Raton Municipal/ accomplish the following: DEPARTMENT OF TRANSPORTATION (a) Remove the nose landing gear steering Crews Field, Raton, NM. selector valve, part number (P/N) 8668C or Federal Aviation Administration AIR86002–0 (or FAA-approved equivalent Class E airspace designations are published in Paragraph 6005 of FAA part number), and install one of the following 14 CFR part 71 in accordance with the applicable Order 7400.9F, dated September 10, maintenance manual, as specified in British [Airspace Docket No. 99±ASW±11] 1998, and effective September 16, 1998, Aerospace Jetstream Service Bulletin 32– which is incorporated by reference in 14 JA980841, Original Issue: October 28, 1998: Revision of Class E Airspace; Raton, CFR § 71.1. The Class E airspace (1) A new steering selector valve, P/N NM. designation listed in this document will 8668C or AIR86002–0 (or FAA-approved equivalent part number); or AGENCY: Federal Aviation be published subsequently in the order. (2) An FAA-approved nose landing gear Administration (FAA), DOT. The Direct Final Rule Procedure steering selector valve that has been ACTION: Direct final rule; request for overhauled in accordance with the comments. The FAA anticipates that this appropriate component maintenance manual. regulation will not result in adverse or Note 2: The FAA is requiring in another SUMMARY: This amendment revises the negative comment and, therefore, is action (Docket No. 98–CE–117–AD) a one- Class E airspace at Raton, NM. The issuing it as a direct final rule. A time inspection of the nose wheel steering development of a very high frequency substantial number of previous system to assure that the free play between omnidirectional range/distance the steering handle or knob and the nose opportunities provided to the public to measuring equipment (VOR/DME) and comment on substantially identical wheels is within acceptable limits, with global positioning system (GPS) adjustment as necessary. actions have resulted in negligible standard instrument approach adverse comments or objections. Unless (b) Special flight permits may be issued in procedure (SIAP), at Raton Municipal/ accordance with sections 21.197 and 21.199 a written adverse or negative comment, Crews Field, Raton, NM, has made this of the Federal Aviation Regulations (14 CFR or a written notice of intent to submit rule necessary. This action is intended 21.197 and 21.199) to operate the airplane to an adverse or negative comment, is to provide adequate controlled airspace a location where the requirements of this AD received within the comment period, can be accomplished. extending upward from 700 feet or more (c) An alternative method of compliance or above the surface for Instrument Flight the regulation will become effective on adjustment of the initial or repetitive Rules (IFR) operations to Raton the date specified above. After the close compliance times that provides an equivalent Municipal/Crews Field, Raton, NM. of the comment period, the FAA will level of safety may be approved by the publish a document in the Federal DATES: Effective: 0901 UTC, November Manager, Small Airplane Directorate, Aircraft Register indicating that no adverse or Certification Service, 1201 Walnut, suite 900, 4, 1999. Comments must be received on or before September 3, 1999. negative comments were received and Kansas City, Missouri 64106. The request confirming the date on which the final shall be forwarded through an appropriate ADDRESSES: Send comments on the rule rule will become effective. If the FAA FAA Maintenance Inspector, who may add in triplicate to Manager, Airspace does receive, within the comment comments and then send it to the Manager, Branch, Air Traffic Division, Federal period, an adverse or negative comment, Small Airplane Directorate. Aviation Administration, Southwest or written notice of intent to submit Note 3: Information concerning the Region, Docket No. 99–ASW–11, Fort existence of approved alternative methods of Worth, TX 76193–0520. such a comment, a document compliance with this AD, if any, may be The official docket may be examined withdrawing the direct final rule will be obtained from the Small Airplane in the Office of the Regional Counsel, published in the Federal Register, and Directorate. Southwest Region, Federal Aviation a notice of proposed rulemaking may be (d) Questions or technical information Administration, 2601 Meacham published with a new comment period. related to British Aerospace Jetstream Service Bulletin 32–JA980841, Original Issue: Boulevard, Room 663, Forth Worth, TX, Comments Invited October 28, 1998, should be directed to between 9:00 AM and 3:00 PM, Monday British Aerospace Regional Aircraft, through Friday, except Federal holidays. Although this action is in the form of Prestwick International Airport, Ayrshire, An informal docket may also be a final rule and was not preceded by a KA9 2RW, Scotland; telephone: (01292) examined during normal business hours notice of proposed rulemaking,

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Stevens, number and be submitted in triplicate to does not warrant preparation of a Acting Manager, Air Traffic Division, the address specified under the caption Regulatory Flexibility Analysis because Southwest Region. ADDRESSES. All communications the anticipated impact is so minimal. [FR Doc. 99–18351 Filed 7–19–99; 8:45 am] received on or before the closing data BILLING CODE 4910±13±M for comments will be considered, and List of Subjects in 14 CFR part 71 this rule may be amended or withdrawn Airspace, Incorporation by reference, in light of the comments received. Navigation (air). DEPARTMENT OF TRANSPORTATION Factual information that supports the Adoption of the Amendment commenter’s ideas and suggestions is Federal Aviation Administration extremely helpful in evaluating the Accordingly, pursuant to the effectiveness of this action and authority delegated to me, the Federal 14 CFR Part 71 determining whether additional Aviation Administration amends 14 rulemaking action is needed. CFR Part 71 as follows: [Airspace Docket No. 99±ACE±22] Comments are specifically invited on the overall regulatory, economic, PART 71ÐDESIGNATION OF CLASS A, Amendment to Class E Airspace; environmental, and energy aspects of CLASS B, CLASS C, CLASS D, AND Harlan, IA the rule that might suggest a need to CLASS E AIRSPACE AREAS; modify the rule. All comments AIRWAYS; ROUTES; AND REPORTING AGENCY: Federal Aviation submitted will be available, both before POINTS Administration, DOT. and after the closing date for comments, 1. The authority citation for 14 CFR ACTION: Direct final rule; confirmation of in the Rules Docket for examination by Part 71 continues to read as follows: effective date. interested persons. A report that summarizes each FAA-public contact Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– SUMMARY: This document confirms the concerned with the substance of this 1963 Comp., p. 389. effective date of a direct final rule which action will be filed in the Rules Docket. revises Class E airspace at Harlan, IA. Commenters wishing the FAA to § 71.1 [Amended] acknowledge receipt of their comments 2. The incorporation by reference in DATES: The direct final rule published at submitted in response to this rule must 14 CFR 71.1 of the Federal Aviation 64 FR 24510 is effective on 0901 UTC, submit a self-addressed, stamped Administration Order 7400.9F, Airspace September 9, 1999. postcard on which the following Designations and Reporting Points, FOR FURTHER INFORMATION CONTACT: statement is made: ‘‘Comments to dated September 10, 1998, and effective Kathy Randolph, Air Traffic Division, Docket No. 99–ASW–11.’’ The postcard September 16, 1998, is amended as Airspace Branch, ACE–520C, Federal will be date stamped and returned to the follows: commenter. Aviation Administration, 601 East 12th Paragraph 6005 Class E airspace areas Street, Kansas City, Missouri 64106; Agency Findings extending upward from 700 feet or more telephone: (816) 426–3408. The regulations adopted herein will above the surface of the earth. * * * * * SUPPLEMENTARY INFORMATION: The FAA not have substantial direct effects on the published this direct final rule with a States, on the relationship between the ASW NM E5 Raton, NM [Revised] request for comments in the Federal national Government and the States, or Raton Municipal/Crews Field, Raton, NM Register on May 7, 1999 (64 FR 24510). on the distribution of power and (lat. 36°44′30′′N., long. 104°30′08′′W.) The FAA uses the direct final responsibilities among the various Cimarron VORTAC ° ′ ′′ ° ′ ′′ rulemaking procedure for a non- levels of Government. Therefore, in (lat. 36 29 29 N., long. 104 52 19 W.) controversial rule where the FAA accordance with Executive Order 12612, That airspace extending upward from 700 believes that there will be no adverse it is determined that this final rule does feet above the surface within a 6.7-mile public comment. This direct final rule not have sufficient Federalism radius of Raton Municipal/Crews Field advised the public that no adverse implications to warrant the preparation excluding that portion northwest of a line 4.4 comments were anticipated, and that miles northwest of and parallel to the 050° of a Federalism Assessment. unless a written adverse comment, or a Further, the FAA has determined that radial of the Cimarron VORTAC and within 1.6 miles each side of the 034° bearing from written notice of intent to submit such this regulation is noncontroversial and an adverse comment, were received unlikely to result in adverse or negative the airport extending from the 6.7-mile radius to 7.8 miles northeast of the airport within the comment period, the comments and only involves an and within 3.7 miles each side of the 050° regulation would become effective on established body of technical radial of the Cimarron VORTAC extending September 9, 1999. No adverse regulations that require frequent and from the 6.7-mile radius to 11.4 miles comments were received, and thus this routine amendments to keep them southwest of the airport and that airspace notice confirms that this direct final rule extending upward from 1,200 feet above the operationally current. Therefore, I will become effective on that date. certify that this regulation (1) is not a surface within 5.7 miles northwest of the ° ‘‘significant regulatory action’’ under 050 radial of the Cimarron VORTAC Issued in Kansas City, MO, on July 6, 1999. Executive Order 12866; (2) is not a extending from the VORTAC to 39.1 miles Donovan D. Schardt, northeast, within 14.4 miles southeast of the Acting Manager, Air Traffic Division, Central ‘‘significant rule’’ under DOT Cimarron VORTAC 050° and 230° radials Region. Regulatory Policies and Procedures (44 extending from 1.3 miles southwest to 25.2 FR 11034; February 26, 1979); and (3) if miles northeast of the VORTAC, and within [FR Doc. 99–18349 Filed 7–19–99; 8:45 am] promulgated, will not have a significant 7.4 miles southeast of the Cimarron VORTAC BILLING CODE 4910±13±M

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DEPARTMENT OF TRANSPORTATION ACTION: Direct final rule; request for Class E airspace areas at North Platte, comments. NE. A review of the Class E surface Federal Aviation Administration airspace area indicates the extension to SUMMARY: This action amends Class E the southeast can be eliminated. A 14 CFR Part 71 airspace areas at North Platte Regional review of the Class E airspace area for Airport, Lee Bird Field, North Platte, [Airspace Docket No. 99±ACE±21] North Platte Regional Airport, Lee Bird NE. A review of the Class E surface Field, NE, indicates it does not meet the Amendment to Class E Airspace; airspace area for North Platte Regional criteria for 700 feet AGL airspace Ottawa, KS Airport, Lee Bird Field indicates the required for diverse departures as extension to the southeast can be specified in FAA Order 7400.2D. The AGENCY: Federal Aviation eliminated. The Class E surface area is criteria in FAA Order 7400.2D for an Administration, DOT. revised to eliminate reference to the Lee aircraft to reach 1200 feet AGL is based ACTION: Direct final rule; confirmation of Bird Nondirectional Radio Beacon on a standard climb gradient of 200 feet effective date. (NDB) and the extension to the per mile plus the distance from the southeast. The airport name has been Airport Reference Point (ARP) to the SUMMARY: This document confirms the changed from North Platte, Lee Bird end of the outermost runway. Any effective date on a direct final rule Field to North Platte Regional, Lee Bird fractional part of a mile is converted to which revises Class E airspace at Field. The Class E airspace area does not the next higher tenth of a mile. The Ottawa, KS. comply with the 700 feet Above Ground amendment at North Platte Regional DATES: The direct final rule published at Level (AGL) airspace required for Airport, Lee Bird Field, NE, will provide 64 FR 31119 is effective on 0901 UTC, diverse departures as specified in FAA additional controlled airspace for September 9, 1999. Order 7400.2D. The Class E airspace aircraft operating under IFR, eliminate FOR FURTHER INFORMATION CONTACT: area has been enlarged to conform to the extensions, revise the ARP coordinates, Kathy Randolph, Air Traffic Division, criteria of FAA Order 7400.2D. change the airport name, and comply Airspace Branch, ACE–520C, Federal Enlarging the Class E airspace area with the criteria of FAA Order 7400.2D. Aviation Administration, 601 East 12th eliminates all extensions. The areas will be depicted on Street, Kansas City, Missouri 64106; In addition, a minor revision to appropriate aeronautical charts. Class E telephone: (816) 426–3408. Airport Reference Point (ARP) airspace areas designated as a surface coordinates is included in this area for an airport are published in SUPPLEMENTARY INFORMATION: The FAA document. paragraph 6002, and Class E airspace published this direct final rule with a The intended effect of this rule is to areas extending upward from 700 feet or request for comments in the Federal provide additional controlled Class E more above the surface of the earth are Register on June 10, 1999 (64 FR 31119). airspace for aircraft operating under published in paragraph 6005 of FAA The FAA uses the direct final Instrument Flight Rules (IFR), revise the Order 7400.9F, dated September 10, rulemaking procedure for a non- ARP coordinates, eliminate extensions, 1998, and effective September 16, 1998, controversial rule where the FAA eliminate reference to Lee Bird NDB, which is incorporated by reference in 14 believes that there will be no adverse change the airport name, and comply CFR 71.1. The Class E airspace public comment. This direct final rule with the criteria of FAA Order 7400.2D. designations listed in this document advised the public that no adverse DATES: Effective date: 0901 UTC, will be published subsequently in the comments were anticipated, and that Order. unless a written adverse comment, or a November 4, 1999. written notice of intent to submit such Comments for inclusion in the Rules The Direct Final Rule Procedure an adverse comment, were received Docket must be received on or before August 25, 1999. The FAA anticipates that this within the comment period, the regulation will not result in adverse or ADDRESSES: regulation would become effective on Send comments regarding negative comment and, therefore, is September 9, 1999. No adverse the rule in triplicate to: Manager, issuing it as a direct final rule. Previous comments were received, and thus this Airspace Branch, Air Traffic Division, actions of this nature have not been notice confirms that this direct final rule ACE–520, Federal Aviation controversial and have not resulted in will become effective on that date. Administration, Docket Number 99– adverse comments or objections. The ACE–33, 601 East 12th Street, Kansas Issued in Kansas City, MO on July 6, 1999. amendment will enhance safety for all City, MO 64106. flight operations by designating an area Donovan D. Schardt, The official docket may be examined Acting Manager, Air Traffic Division, Central where VFR pilots may anticipate the in the Office of the Regional Counsel for presence of IFR aircraft at lower Region. the Central Region at the same address [FR Doc. 99–18348 Filed 7–19–99; 8:45 am] altitudes, especially during inclement between 9:00 a.m. and 3:00 p.m., weather conditions. A greater degree of BILLING CODE 4910±13±M Monday through Friday, except Federal safety is achieved by depicting the area holidays. on aeronautical charts. Unless a written An informal docket may also be DEPARTMENT OF TRANSPORTATION adverse or negative comment, or a examined during normal business hours written notice of intent to submit an in the Air Traffic Division at the same Federal Aviation Administration adverse or negative comment is received address listed above. within the comment period, the 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: regulation will become effective on the Kathy Randolph, Air Traffic Division, date specified above. After the close of [Airspace Docket No. 99±ACE±33] Airspace Branch, ACE–520C, Federal the comment period, the FAA will Aviation Administration, 601 East 12th Amendment to Class E Airspace; North publish a document in the Federal Street, Kansas City, MO 64106; Platte, NE Register indicating that no adverse or telephone: (816) 426–3408. negative comments were received and AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: This confirming the date on which the final Administration (FAA), DOT. amendment to 14 CFR 71 revises the rule will become effective. If the FAA

VerDate 18-JUN-99 08:23 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\A20JY0.077 pfrm07 PsN: 20JYR1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38825 does receive, within the comment unlikely to result in adverse or negative That airspace extending upward from 700 period, an adverse or negative comment, comments. For the reasons discussed in feet above the surface within a 7.1-mile or written notice of intent to submit the preamble, I certify that this radius of North Platte Regional Airport, Lee such a comment, a document regulation (1) is not a ‘‘significant Bird Field. withdrawing the direct final rule will be regulatory action’’ under Executive Issued in Kansas City, MO, on June 16, published in the Federal Register, and Order 12866; (2) is not a ‘‘significant 1999. a notice of proposed rulemaking may be rule’’ under Department of Donovan D. Schardt, published with a new comment period. Transportation (DOT) Regulatory Acting Manager, Air Traffic Division, Central Region. Comments Invited Policies and Procedures (44 FR 11034, February 26, 1979); and (3) if [FR Doc. 99–18347 Filed 7–19–99; 8:45 am] Although this action is in the form of promulgated, will not have a significant BILLING CODE 4910±13±M a final rule and was not preceded by a economic impact, positive or negative, notice of proposed rulemaking, on a substantial number of small entities comments are invited on this rule. under the criteria of the Regulatory Interested persons are invited to Flexibility Act. DEPARTMENT OF THE TREASURY comment on this rule by submitting such written data, views, or arguments List of Subjects in 14 CFR Part 71 Internal Revenue Service as they may desire. Communications Airspace, Incorporation by reference, 26 CFR Part 1 should identify the Rules Docket Navigation (air). number and be submitted in triplicate to the address specified under the caption Adoption of the Amendment [TD 8806] ADDRESSES. All communications Accordingly, the Federal Aviation received on or before the closing date Administration amends 14 CFR part 71 RIN 1545±AV94 for comments will be considered, and as follows: this rule may be amended or withdrawn Employee Stock Ownership Plans; in light of the comments received. PART 71ÐDESIGNATION OF CLASS A, Section 411(d)(6) Protected Benefits Factual information that supports the CLASS B, CLASS C, CLASS D, AND (Taxpayer Relief Act of 1997); Qualified commenter’s ideas and suggestions is CLASS E AIRSPACE AREAS; Retirement Plan Benefits; Correction AIRWAYS; ROUTES; AND REPORTING extremely helpful in evaluating the AGENCY: POINTS Internal Revenue Service (IRS), effectiveness of this action and Treasury. determining whether additional 1. The authority citation for part 71 ACTION: Correcting amendment. rulemaking action would be needed. continues to read as follows: Comments are specifically invited on Authority: 49 U.S.C. 106(g), 40103, 40113, SUMMARY: This document contains the overall regulatory, economic, corrections to final regulations which environmental, and energy-related 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. were published in the Federal Register aspects of the rule that might suggest a on Friday, January 8, 1999, (64 FR need to modify the rule. All comments § 71.1 [Amended] 1125), relating to employee stock submitted will be available, both before 2. The incorporation by reference in ownership plans and protected benefits and after the closing date for comments, 14 CFR 71.1 of Federal Aviation under section 411(d)(6) and qualified in the Rules Docket for examination by Administration Order 7400.9F, Airspace retirement plan benefits. interested persons. A report that Designations and Reporting Points, DATES: This correction is effective summarizes each FAA-public contact dated September 10, 1998, and effective January 8, 1999. concerned with the substances of this September 16, 1998, is amended as FOR FURTHER INFORMATION CONTACT: action will be filed in the Rules Docket. follows: Commenters wishing the FAA to Linda S. F. Marshall, (202) 622–6030 acknowledge receipt of their comments Paragraph 6002 Class E airspace areas (not a toll-free number). designated as a surface area for an airport. submitted in response to this rule must SUPPLEMENTARY INFORMATION: submit a self-addressed, stamped * * * * * Background postcard on which the following ACE NE E2 North Platte, NE [Revised] The final regulations that are subject statement is made: ‘‘Comments to North Platte Regional Airport, Lee Bird Field, Docket No. 99–ACE–33.’’ The postcard NE to this correction are under section 411 will be date stamped and returned to the (lat. 41°07′34′′N., long. 100°41′14′′W.) of the Internal Revenue Code. commenter. North Platte VORTAC ° ′ ′′ ° ′ ′′ Need for Correction Agency Findings (lat. 41 02 55 N., long. 100 44 50 W.) Within a 4.6-mile radius of North Platte On January 8, 1999, final regulations The regulations adopted herein will Regional Airport, Lee Bird Field and within (TD 8806) were published in the not have substantial direct effects on the 1.1 miles each side of the 029° radial of the Federal Register at 64 FR 1125. These States, on the relationship between the North Platte VORTAC extending from the regulations inadvertently amended national government and the States, or 4.6-mile radius to the VORTAC. § 1.411(d)–4 Q&A–2(d)(2)(ii) instead of on the distribution of power and * * * * * § 1.411(d)–4 Q&A–2(d)(1)(ii). This responsibilities among the various document is correcting this amendment Paragraph 6005 Class E airspace areas levels of government. Therefore, in extending upward from 700 feet or more by providing the correct language for accordance with Executive Order 12612, above the surface of the earth. § 1.411(d)–4 Q&A–2(d)(1)(ii) and it is determined that this final rule does restoring the language for § 1.411(d)–4 * * * * * not have sufficient federalism Q&A–2(d)(2)(ii). implications to warrant the preparation ACE NE E5 North Platte, NE [Revised] List of Subjects in 26 CFR Part 1 of a Federalism Assessment. North Platte Regional Airport, Lee Bird Field, The FAA has determined that this NE Income taxes, Reporting and regulation is noncontroversial and (lat. 41°07′34′′N., long. 100°41′14′′W.) recordkeeping requirements.

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Correction of Publication DEPARTMENT OF THE INTERIOR We announced receipt of the proposed amendment in the April 15, Accordingly, 26 CFR Part 1 is Office of Surface Mining Reclamation 1999, Federal Register (64 FR 18586), corrected by making the following and Enforcement provided an opportunity for a public correcting amendments: hearing or meeting on its substantive 30 CFR Part 934 PART 1ÐINCOME TAXES adequacy, and invited public comment [SPATS No. ND±039±FOR, Amendment No. on its adequacy (administrative record Paragraph 1. The authority citation XXVIII] No. ND–CC–08). Because no one for part 1 continues to read in part as requested a public hearing or meeting, follows: North Dakota Regulatory Program none was held. Authority: 26 U.S.C. 7805 * * * AGENCY: Office of Surface Mining III. Director’s Findings Reclamation and Enforcement, Interior. § 1.411(d)±4 [Corrected] As discussed below, the Director, in ACTION: Final rule; approval of accordance with SMCRA and 30 CFR Par. 2. Section 1.411(d)–4 Q&A–2 is amendment. 732.15 and 732.17, finds that the amended by: SUMMARY: The Office of Surface Mining proposed program amendment 1. Removing paragraph (d)(1)(ii). Reclamation and Enforcement (OSM) is submitted by North Dakota on March 2. Redesignating paragraph (d)(2)(ii) approving a proposed amendment to the 31, 1999, is no less stringent than as paragraph (d)(1)(ii). North Dakota regulatory program SMCRA. Accordingly, the Director 3. Adding paragraph (d)(2)(ii). (hereinafter, the ‘‘North Dakota approves the proposed amendment. The addition reads as follows: program’’) under the Surface Mining Substantive Revisions to North Dakota’s Control and Reclamation Act of 1977 Statute That Are Substantively Identical § 1.411(d)±4 Section 411(d)(6) protected (SMCRA). North Dakota proposed benefits. to the Corresponding Provisions of revising its statute prescribing who may SMCRA * * * * * preside over formal hearings and Q–2: * * * informal conferences. North Dakota proposes revisions to A–2: * * * The amendment is intended to revise the following statute that are substantive (d) * * * a North Dakota State statute to be in nature and contain language that is substantively identical to the (2) * * * consistent with its counterpart State regulation. requirements of the corresponding (ii) ESOP investment requirement. DATES: Effective date: July 20, 1999. Federal provisions in SMCRA (listed in Except as provided in paragraph parentheses). (d)(2)(iii) of this Q&A–2, benefits FOR FURTHER INFORMATION CONTACT: Guy NDCC 38–14.1–30.3.f (SMCRA 514(c)), provided by employee stock ownership Padgett, Telephone: 207/261–6550, Internet address: formal hearings on surface coal mining and plans will not be eligible for the reclamation permit applications. exceptions in paragraph (d)(1) of this [email protected]. Q&A–2 unless the benefits have been SUPPLEMENTARY INFORMATION: Because this proposed North Dakota held in a tax credit employee stock statute is substantively identical to the I. Background on the North Dakota corresponding pertinent provisions of ownership plan (as defined in section Program 409 (a)) or an employee stock ownership Subsection 514(c) of SMCRA which plan (as defined in section 4975 (e)(7)) On December 15, 1980, the Secretary deals with who may preside at subject to section 409 (h) for the five- of the Interior conditionally approved administrative hearings or appeals year period prior to the exercise of the North Dakota program. General thereof, the Director finds that it is no employer discretion or any amendment background information on the North less stringent than SMCRA and affecting such benefits and permitted Dakota program, including the therefore she approves it. under paragraph (d)(1) of this Q&A–2. Secretary’s findings, the disposition of IV. Summary and Disposition of For purposes of the preceding sentence, comments, and the conditions of Comments if benefits held under an employee stock approval of the North Dakota program Following are summaries of all ownership plan are transferred to a plan can be found in the December 15, 1980, substantive written comments on the that is an employee stock ownership Federal Register (45 FR 82214). proposed amendment that we received, plan at the time of transfer, then the Subsequent actions concerning North and our responses to them. consecutive periods under the transferor Dakota’s program and program and transferee employee stock amendments can be found at 30 CFR 1. Public Comments ownership plans may be aggregated for 934.15 and 934.16. We invited public comments on the purposes of meeting the five-year II. Proposed Amendment proposed amendment, but none was requirement. If the benefits are held in By letter dated March 31, 1999, North received. an employee stock ownership plan Dakota submitted a proposed throughout the entire period of their 2. Federal Agency Comments amendment to its program (Amendment existence, and such total period of number XXVIII, administrative record Pursuant to 30 CFR 732.17(h)(11)(i), existence is less than five years, then No. ND–CC–01) pursuant to SMCRA (30 OSM solicited comments on the such lesser period may be substituted U.S.C. 1201 et seq.). North Dakota proposed amendment from various for the five year requirement. submitted the proposed amendment at Federal agencies with an actual or * * * * * its own initiative. The provision of the potential interest in the North Dakota Cynthia E. Grigsby, North Dakota Century Code (NDCC) that program (administrative record No. ND– Chief, Regulations Unit, Assistant Chief North Dakota proposes to revise is: CC–03). Counsel (Corporate). NDCC 38–14.1–30.3.f, concerning The Natural Resources Conservation [FR Doc. 99–18394 Filed 7–19–99; 8:45 am] formal hearings on surface coal mining Service of the U.S. Department of BILLING CODE 4830±01±P and reclamation permit applications. Agriculture responded on April 15,

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1999, that it concurred with the changes the North Dakota program, are being Paperwork Reduction Act (44 U.S.C. (administrative record No. ND–CC–04). amended to implement this decision. 3507 et seq.). The Bureau of Indian Affairs of the This final rule is being made effective 5. Regulatory Flexibility Act U.S. Department of the Interior immediately to expedite the State responded on April 24, 1999 that it did program amendment process and to The Department of the Interior has not have any objections or comments encourage States to bring their programs determined that this rule will not have that would adversely affect the final into conformity with the Federal a significant economic impact on a review and approval (administrative standards without undue delay. substantial number of small entities record No. ND–CC–05). Consistency of State and Federal under the Regulatory Flexibility Act (5 The Bureau of Reclamation of the U.S. standards is required by SMCRA. U.S.C. 601 et seq.). The State submittal Department of the Interior responded on VI. Procedural Determinations that is the subject of this rule is based April 28, 1999, that it had no comments upon counterpart Federal regulations for on the proposed amendment 1. Executive Order 12866 which an economic analysis was (administrative record No. ND–CC–06). This rule is exempted from review by prepared and certification made that The U.S. Army Corps of Engineers the Office of Management and Budget such regulations would not have a responded on April 29, 1999, that its (OMB) under Executive Order 12866 significant economic effect upon a review of the proposed project found it (Regulatory Planning and Review). to be satisfactory (administrative record substantial number of small entities. Accordingly, this rule will ensure that No. ND–CC–07). 2. Executive Order 12988 existing requirements previously The U.S. Fish and Wildlife Service The Department of the Interior has responded on May 11, 1999, that it did promulgated by OSM will be conducted the reviews required by implemented by the State. In making the not anticipate any significant impacts to section 3 of Executive Order 12988 fish and wildlife resources. . .. determination as to whether this rule (Civil Justice Reform) and has (administrative record No. ND–CC–09). would have a significant economic determined that this rule meets the impact, the Department relied upon the 3. Environmental Protection Agency applicable standards of subsections (a) data and assumptions for the (EPA) Concurrence and Comments and (b) of that section. However, these counterpart Federal regulations. standards are not applicable to the Pursuant to 30 CFR 732.17(h)(11)(ii), 6. Unfunded Mandates OSM is required to solicit the written actual language of State regulatory concurrence of EPA with respect to programs and program amendments This rule will not impose a cost of those provisions of the proposed since each such program is drafted and $100 million or more in any given year amendment that relate to air or water promulgated by a specific State, not by on any governmental entity or the quality standards promulgated under OSM. Under sections 503 and 505 of private sector. the authority of the Clean Water Act (33 SMCRA (30 U.S.C. 1253 and 1255) and U.S.C. 1251 et seq.) or the Clean Air Act the Federal regulations at 30 CFR List of Subjects in 30 CFR Part 934 (42 U.S.C. 7401 et seq.) 730.11, 732.15, and 732.17(h)(10), decisions on proposed State regulatory Intergovernmental relations, Surface None of the revisions that North mining, Underground mining. Dakota proposed to make in its programs and program amendments amendment pertain to air or water submitted by the States must be based Dated: July 6, 1999. quality standards. Nevertheless, OSM solely on a determination of whether the Brent Wahlquist, requested EPA’s concurrence with the submittal is consistent with SMCRA and Regional Director, Western Regional proposed amendment on April 9, 1999 its implementing Federal regulations Coordinating Center. (administrative record No. ND–CC–03). and whether the other requirements of EPA did not respond to OSM’s request. 30 CFR Parts 730, 731, and 732 have For the reasons set out in the been met. preamble, Title 30, Chapter VII, 4. State Historic Preservation Officer Subchapter T of the Code of Federal (SHPO) and the Advisory Council on 3. National Environmental Policy Act Regulations is amended as set forth Historic Preservation (ACHP) No environmental impact statement is below: Pursuant to 30 CFR 732.17(h)(4), OSM required for this rule since section PART 934ÐNORTH DAKOTA solicited comments on the proposed 702(d) of SMCRA (30 U.S.C. 1292(d)) amendment from the SHPO and ACHP provides that agency decisions on 1. The authority citation for part 934 (administrative record No. ND–CC–03). proposed State regulatory program continues to read as follows: Neither SHPO nor ACHP responded to provisions do not constitute major OSM’s request. Federal actions within the meaning of Authority: 30 U.S.C. 1201 et seq. section 102(2)(C) of the National 2. Section 934.15 is amended in the V. Director’s Decision Environmental Policy Act (42 U.S.C. table by adding a new entry in Based on the above finding, we 4332(2)(C)). chronological order by ‘‘Date of Final approve North Dakota’s proposed Publication’’ to read as follows: amendment as submitted on March 31, 4. Paperwork Reduction Act 1999. This rule does not contain § 934.15 Approval of North Dakota The Federal regulations at 30 CFR information collection requirements that regulatory program amendments. Part 934, codifying decisions concerning require approval by OMB under the * * * * *

Original amendment submission date Date of final publication Citation/description

******* March 31, 1999 ...... July 20, 1999 ...... NDCC 38±14.1±30.3.f.

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[FR Doc. 99–18439 Filed 7–19–99; 8:45 am] Background and Purpose nautical miles of this anchorage ground BILLING CODE 4310±05±M The Hudson River Pilots Association for use by vessels less than 20 meters in requested that the Coast Guard establish length. Additionally, the Coast Guard is a federal anchorage ground in the aware that transient vessels anchor to DEPARTMENT OF TRANSPORTATION Hudson River near Hyde Park, New the east of Esopus Island in order to use York. The closest anchorage to the the island as a breakwater to block the Coast Guard requested anchorage is down river to wake action caused by commercial shipping transiting the Hudson River. 33 CFR Part 110 anchorage number 17, the northern boundary of which lies between the This protected area may be easily used [CGD01±97±086] Yonkers municipal pier and the pilot by vessels less than 20 meters in length as an alternative to Anchorage 19–A RIN 2115±AA98 station just to the north. The area that the Pilots Association has suggested for because Esopus Island is approximately 500 yards north of Anchorage 19–A. Anchorage Grounds: Hudson River, consideration is bound by the following Hyde Park, NY coordinates: Discussion of Comments and Changes NW corner: 41° 48′ 35′′ N 073° 57′ 00′′ AGENCY: The Coast Guard received no letters Coast Guard, DOT. W. ACTION: Final rule. ° ′ ′′ ° ′ ′′ commenting on the supplemental NE corner: 41 48 35 N 073 56 44 proposed rulemaking. No changes were W. SUMMARY: The Coast Guard is made to the supplemental proposed SE corner: 41° 47′ 32′′ N 073° 56′ 50′′ establishing Federal Anchorage 19–A in rule. W. the Hudson River near Hyde Park, NY. SW corner: 41°47′32′′N 073°57′10′′W. Regulatory Evaluation This action is necessary to provide an (NAD 1983) anchorage ground on the Hudson River This final rule is not a significant The Coast Guard received two letters for vessels awaiting favorable tides and/ regulatory action under section 3(f) of commenting on the NPRM. Comments or daylight for passage to facilities north Executive Order 12866 and does not received prompted the Coast Guard to of New York City. This action is require an assessment of potential costs reevaluate the proposal. intended to increase safety for vessels and benefits under section 6(a)(3) of that One comment recommended that a Order. It has not been reviewed by the transiting the Hudson River by minimum size of 65 feet in length be providing an anchorage ground away Office of Management and Budget under established for vessels authorized to use that Order. It is not significant under the from congested traffic lanes used in the anchorage because the smaller New York Harbor. regulatory policies and procedures of vessels would be less visible at anchor, the Department of Transportation (DOT) DATES: This final rule is effective August even if they displayed the required 19, 1999. (44 FR 11040; February 26, 1979). lights or day shapes, and pose a The Coast Guard expects the ADDRESSES: Documents as indicated in potential hazard to mariners. The economic impact of this final rule to be this preamble are available for comment noted that the entire so minimal that a full Regulatory inspection or copying at Coast Guard anchorage area, including the area Evaluation under paragraph 10e of the Activities New York, 212 Coast Guard outside the designated navigation regulatory policies and procedures of Drive, room 205, Staten Island, New channel, is routinely transited by DOT is unnecessary. This finding is York 10305, between 8 a.m. and 3 p.m., vessels of various sizes and that the based on the following reasons: Due to Monday through Friday, except Federal Special Anchorage Area at Hyde Park, icing of the river in winter months, the holidays. The telephone number is (718) NY, (33 CFR 110.60(p–3)) is available anchorage will be seasonal in nature, 354–4193. for use by vessels less than 65 feet in recreational traffic can still traverse the FOR FURTHER INFORMATION CONTACT: length. This Special Anchorage Area at anchorage when necessary, there are Lieutenant J. Lopez, Waterways Hyde Park, NY that the comment over 75 transient berths at 8 marinas Oversight Branch, Coast Guard referred to was disestablished on June 1, within approximately 15 nautical miles Activities New York (718) 354–4193. 1998 (63 FR 23662). However, in of this anchorage ground for vessels less SUPPLEMENTARY INFORMATION: response to these safety concerns, the than 20 meters in length to tie up in, Coast Guard re-evaluated the NPRM. Regulatory History and the anchorage ground permits Upon further analysis, the Coast Guard unobstructed navigation in the western On July 10, 1998, the Coast Guard agreed that safety concerns warranted a 350 yards of the Hudson River. published a notice of proposed minimum vessel length restriction and a rulemaking (NPRM) entitled Anchorage SNPRM including this restriction was Small Entities Grounds; Hudson River, Hyde Park, NY published. The safety concerns stem Under the Regulatory Flexibility Act in the Federal Register (63 FR 37297). from the high number of vessels that (5 U.S.C. 601 et seq.), the Coast Guard The Coast Guard received two letters transit the area of Anchorage 19–A and considered whether this final rule will commenting on the proposed from background lighting on shore that have a significant economic impact on rulemaking. No public hearing was will interfere with smaller vessels’ a substantial number of small entities. requested, and none was held. anchorage lights. ‘‘Small entities’’ include small On March 31, 1999, the Coast Guard In the SNPRM, the Coast Guard businesses, not-for-profit organizations published a supplemental notice of proposed an additional regulation that are independently owned and proposed rulemaking (SNPRM) entitled restricting vessels less than 20 meters in operated and are not dominant in their Anchorage Grounds: Hudson River, length from using this anchorage ground fields, and governmental jurisdictions Hyde Park, NY in the Federal Register without prior approval from the Captain with populations of less than 50,000. (64 FR 15322). The Coast Guard of the Port, New York. The Coast Guard For the reasons discussed in the received no letters commenting on the believes this restriction is reasonable Regulatory Evaluation above, the Coast supplemental proposed rulemaking. No given the noted safety concerns and that Guard certifies under section 605(b) of public hearing was requested, and none there are over 75 transient berths at 8 the Regulatory Flexibility Act (5 U.S.C. was held. marinas within approximately 15 601 et seq.) that this final rule will not

VerDate 18-JUN-99 08:23 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\A20JY0.089 pfrm07 PsN: 20JYR1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38829 have a significant economic impact on 2. In § 110.155, add paragraph (c)(6) to Federal Building, 909 S.E. First Avenue, a substantial number of small entities. read as follows: Miami, Florida 33131–3050, or may be delivered to Room 406 at the same Collection of Information § 110.155 Port of New York. address between 7:30 a.m. and 4 p.m., This final rule does not provide for a * * * * * Monday through Friday, except Federal collection of informaiton under the (c) * * * holidays. The telephone number is (305) Paperwork Reduction Act of 1995 (44 (6) Anchorage No. 19–A. An area 536–5621. located west of Hyde Park enclosed by U.S.C. 3501 et seq.). FOR FURTHER INFORMATION CONTACT: Mr. the coordinates starting at 41°48′35′′N Federalism ° ′ ′′ ° ′ ′′ Gary D. Pruitt, Project Manager, Bridge 073 57 00 W; to 41 48 35 N Management Specialist, Seventh Coast The Coast Guard has analyzed this 073°56′44′′W; to 41°47′32′′N ° ′ ′′ ° ′ ′′ Guard District, Bridge Section at (843) final rule under the principles and 073 56 50 W; to 41 47 32 N 747–5335. criteria contained in Executive Order 073°57′10′′W; thence back to SUPPLEMENTARY INFORMATION: 12612 and has determined that this final 41°48′35′′N 073°57′00′′W (NAD 1983). rule does not have sufficient (i) No vessel may anchor in Request for Comments Anchorage 19–A from December 16 to implications for federalism to warrant The Coast Guard encourages the last day of February without the preparation of a Federalism interested persons to participate in this permission from the Captain of the Port, Assessment. rulemaking by submitting written data, New York. views or arguments. Persons submitting Unfunded Mandates (ii) No vessel less than 20 meters in comments should include their names Title II of the Unfunded Mandates length may anchor in Anchorage 19–A and addresses, identify the rulemaking Reform Act of 1995 (UMRA) [Public without prior approval of the Captain of [CGD07–99–038] and the specific Law 104–4, 109 Stat. 48] requires the Port, New York. section of this rule to which each Federal agencies to assess the effects of * * * * * comment applies, and give the reason certain regulatory actions on State, Dated: June 30, 1999. for each comment. Please submit all local, and tribal governments, and the R.M. Larrabee, comments and attachments in an private sector. UMRA requires a written Rear Admiral, U.S. Coast Guard, Commander, unbound format, no larger than 81⁄2 by statement of economic and regulatory First Coast Guard District. 11 inches, suitable for copying and alternatives for rules that contain [FR Doc. 99–18487 Filed 7–19–99; 8:45 am] electronic filing. Persons wanting Federal mandates. A ‘‘Federal mandate’’ BILLING CODE 4910±15±M acknowledgment of receipt of comments is a new or additional enforceable duty should enclose stamped, self-addressed imposed on any State, local, or tribal postcards or envelopes. government, or the private sector. If any DEPARTMENT OF TRANSPORTATION The Coast Guard will consider all Federal mandate causes those entities to comments received during the comment spend, in the aggregate, $100 million or Coast Guard period and may revise this rule before more in any one year, the UMRA making it final. analysis is required. This final rule does 33 CFR Part 117 not impose Federal mandates on any [CGD07±99±038] Background and Purpose State, loca, or tribal governments, or the RIN 2115±AE47 The Lady’s Island Bridge (also known private sector. as the Woods Memorial Bridge) over the Environment Drawbridge Operation Regulations; AIWW, mile 536.0 at Beaufort, has a Atlantic Intracoastal Waterway (AIWW), vertical clearance of 30 feet at mean The Coast Guard has considered the Beaufort, SC high water and 37 feet at mean low environmental impact of this final rule water. Presently, the draw opens on and concluded that under paragraph 2– AGENCY: Coast Guard, DOT. signal, except that from 7 a.m. to 9 a.m. 1, pargraph 34(f), of Commandant ACTION: Interim rule; request for and from 4 p.m. to 6 p.m., Monday Instruction M16475.1C, this final rule is comments. through Saturday the draw need open categorically excluded from further only on the hour. During the months of environmental documentation. A SUMMARY: The Coast Guard is changing April, May, June, September, October, ‘‘Categorical Exclusion Determination’’ the regulations governing the operation and November, Monday through Friday is available in the docket for inspection of the Lady’s Island Bridge at Beaufort, from 9 a.m. to 4 p.m., the draw need or copying where indicated under SC. This rule changes the operating open only on the hour, twenty minutes ADDRESSES. requirements for a seasonal operating after the hour and forty minutes after schedule to a single annual schedule List of Subjects in 33 CFR Part 110 the hour. that coincides with daily traffic volume. The City of Beaufort has requested Anchorage grounds. The rule permits the draw to remain that the Coast Guard change the existing Regulation closed Monday through Friday during regulations by eliminating openings morning and afternoon rush hours, from during morning and evening rush hours, For the reasons discussed in the 7:30 a.m. to 9 a.m. and from 4 p.m. to and limiting the openings to twice an preamble, the Coast Guard amends 33 6 p.m., and to open on the hour and half hour between rush hours. The operating CFR Part 110 as follows: hour between rush hours. regulations for this bridge have not been DATES: PART 110Ð[AMENDED] This rule becomes effective changed since 1986 and vehicular traffic August 23, 1999. Comments must be has increased. The new schedule will 1. The authority citation for Part 110 received on or before November 17, allow individuals crossing the continues to read as follows: 1999. swingbridge by vehicle to plan their Authority: 33 U.S.C. 471, 1221 through ADDRESSES: Comments may be mailed to transit times across this swingbridge to 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 Commander (oan), Seventh Coast Guard avoid delays from bridge openings. The CFR 1.05–1(g).; District, Bridge Section, Brickell Plaza Commander, Seventh Coast Guard

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District has examined the operating transportation. Therefore, because it (i) from 7:30 a.m. to 9 a.m. and 4 p.m. requirements listed in 33 CFR 117.911(f) expects the impact of this rule to be so to 6 p.m., the draw need not open; and, governing the Lady’s Island Bridge and minimal, the Coast Guard certifies that (ii) from 9 a.m. to 4 p.m., the draw has determined that the revised under 5 U.S.C. 604(b) this rule will not need open only on the hour and half- schedule is appropriate for local have a significant economic impact on hour. conditions and should balance the a substantial number of small entities. (2) At all other times the draw shall needs of vehicular and vessel traffic. If, however, you think that your open on signal. Under this interim rule, from Monday business or organization qualifies as a Dated: July 13, 1999. through Friday except Federal holidays, small entity and that this rule will have Thad W. Allen, the Lady’s Island Bridge will open on a significant economic impact on your Rear Admiral, U.S. Coast Guard, Commander, signal except that during the morning business or organization, please submit Seventh Coast Guard District. and afternoon rush hours from 7:30 a.m. a comment (see ADDRESSES) explaining [FR Doc. 99–18488 Filed 7–16–99; 10:03 am] to 9 a.m. and 4 p.m. to 6 p.m., the draw why you think it qualifies and in what BILLING CODE 4910±15±M need not open. Between rush hours, the way and to what degree this rule will draw need only open twice an hour. At economically affect it. all other times, the draw will open on DEPARTMENT OF TRANSPORTATION signal. The draw shall open at any time Collection of Information for public vessels of the United States, This rule contains no collection of Coast Guard State and local vessels used in public information requirements under the safety, and vessels in distress where a Paperwork Reduction Act (44 U.S.C. 33 CFR Part 117 delay would endanger life or property. 3501 et seq.). In accordance with 5 U.S.C. 553, good [CGD01±98±091] cause exists for not publishing a notice Federalism RIN 2115±AE47 of proposed rulemaking (NPRM) for this The Coast Guard has analyzed this interim rule. Publishing a NPRM would rule under the principals and criteria Drawbridge Operation Regulations; unnecessarily delay the implementation contained in Executive Order 12612 and Hackensack River, NJ of the revised bridge opening schedules, has determined that this rule does not AGENCY: Coast Guard, DOT. since tests have indicated that this have sufficient federalism implications ACTION: Final rule. operating schedule would balance the to warrant the preparation of a needs of vehicular traffic and Federalism Assessment. SUMMARY: The Coast Guard is changing navigation. The public will have an Environmental Assessment the drawbridge operation regulations opportunity to comment on the rule governing the S46 Bridge, mile 14.0, during the first 120 days of its The Coast Guard has considered the across the Hackensack River at Little implementation, and changes to the rule environmental impact of this rule and Ferry, New Jersey to open on signal after may be made before it is finalized. has determined, under Figure 2–1, a twenty four hour advance notice is paragraph (32)(e) of Commandant Regulatory Evaluation given by calling the number posted at Instruction M16475.1C, this rule is the bridge. There have been no requests This rule is not a significant categorically excluded from further to open the S46 Bridge since 1978. This regulatory action under the regulatory environmental documentation. A rule is expected to relieve the bridge section 3(f) of Executive Order 12866 ‘‘Categorical Exclusion Determination’’ owner of the requirement to crew the and does not require an assessment of has been prepared and is available in bridge and still meet the needs of potential costs and benefits under the docket for inspection or copying. navigation. section 6(a)(3) of that order. It has not DATES: This final rule is effective August been reviewed by the Office of List of Subjects in 33 CFR Part 117 19, 1999. Management and Budget under that Bridges. order. It is not significant under the ADDRESSES: Documents as indicated in Regulations: In consideration of the this preamble are available for regulatory policies and procedures of foregoing, the Coast Guard amends Part the Department of Transportation (DOT) inspection or copying at the First Coast 117 of Title 33, Code of Federal Guard District Office, 408 Atlantic (44 FR 11040; February 26, 1979). The Regulations, as follows: Coast Guard expects the economic Avenue, Boston, MA, 02110–3350, impact of this rule to be so minimal that PART 117Ð[AMENDED] between 7 a.m. and 3 p.m., Monday a full Regulatory Evaluation under through Friday, except Federal holidays. paragraph 10e of the regulatory policies 1. The authority citation for Part 117 The telephone number is (617) 223– and procedures of DOT is unnecessary. continues to read as follows: 8364. Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 FOR FURTHER INFORMATION CONTACT: Mr. Small Entities CFR 1.05–1(g); section 117.255 also issued John W. McDonald, Project Officer, First Under the Regulatory Flexibility Act under the authority of Pub. L. 102–587, 106 Coast Guard District, (617) 223–8364. (5 U.S.C. 601 et seq.), the Coast Guard Stat. 5039. SUPPLEMENTARY INFORMATION: must consider whether this rule will 2. Revise § 117.911(f) to read as Regulatory History have a significant economic impact on follows: a substantial number of small entities. On February 18, 1999, the Coast ‘‘Small entities’’ include small § 117.911 Atlantic Intracoastal Waterway, Guard published a notice of proposed businesses, not-for-profit organizations Little River to Savannah River. rulemaking entitled drawbridge that are independently owned and * * * * * operation regulations; Hackensack operated and are not dominant in their (f) Lady’s Island Bridge, across the River, NJ, in the Federal Register [64 FR fields, and governmental jurisdictions Beaufort River, Mile 536.0 at Beaufort. 8033]. The Coast Guard received no with populations of less than 50,000. The draw shall operate as follows: letters commenting on the proposed The interim rule is a reasonable (1) On Monday through Friday, except rulemaking. A hearing was not balance between waterway and land Federal holidays: requested and none was held.

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Background and Purpose impact on a substantial number of small POSTAL SERVICE The S46 Bridge, at mile 14.0, in Little entities. 39 CFR Part 111 Ferry, New Jersey, has a vertical Collection of Information clearance of 35 feet at mean high water This final rule does not provide for a Domestic Mail Manual Changes To and 40 feet at mean low water. The Implement Nonprofit and Classroom existing operating regulations for the collection of information under the Paperwork Reduction Act of 1995 (44 Periodicals Classification Changes and S46 Bridge, listed at § 117.723(f), require Notice of Refund Procedures the bridge to open on signal, if at least U.S.C. 3501 et seq.). six (6) hours advance notice is given. Federalism AGENCY: Postal Service. The Coast Guard is changing the ACTION: Final rule. regulations to require that the S46 The Coast Guard has analyzed this Bridge open on signal after a twenty final rule in accordance with the SUMMARY: This document sets forth the four hour notice is given. The bridge principles and criteria contained in changes to the Domestic Mail Manual to owner, the New Jersey Department of Executive Order 12612 and has implement the July 12, 1999, Decision Transportation, asked the Coast Guard determined that this final rule does not of the Governors of the United States to change the regulations to require a have sufficient federalism implications Postal Service on the Recommended twenty four hour notice for bridge to warrant the preparation of a Decision of the Postal Rate Commission openings because there have been no Federalism Assessment. (PRC) on Periodicals Classification requests to open this bridge since 1978. Environment Changes. In addition, it contains The Coast Guard believes this change to procedures for obtaining refunds for the The Coast Guard considered the the regulations is reasonable because the difference between postage paid on environmental impact of this final rule bridge owner has not received a request certain mailings at Periodicals Nonprofit and concluded that, under Section to open the bridge since 1978. or Classroom rates and postage 2.B.2, Figure 2–1, paragraph (32)(e), of computed at Periodicals Regular rates Discussion of Comments and Changes Commandant Instruction M16475.1C, on those same mailings. this final rule is categorically excluded The Coast Guard received no letters EFFECTIVE DATE: August 1, 1999. commenting on the notice of proposed from further environmental FOR FURTHER INFORMATION CONTACT: Jerry rulemaking and no changes have been documentation because promulgation of Lease, 202–268–5188. made to this final rule. changes to drawbridge regulations have been found not to have a significant SUPPLEMENTARY INFORMATION: On April Regulatory Evaluation effect on the environment. A written 9, 1999, the Postal Service filed with the This final rule is not a significant ‘‘Categorical Exclusion Determination’’ PRC a request for a recommended regulatory action under section 3(f) of is not required for this final rule. decision on Periodicals classification Executive Order 12866 and does not changes designed to provide a remedy List of Subjects in 33 CFR Part 117 require an assessment of potential costs to a rate anomaly resulting from the last and benefits under section 6(a)(3) of that Bridges. omnibus rate case, Docket No. R97–1. The PRC designated the filing as Docket Order. It has not been reviewed by the Regulations Office of Management and Budget under No. MC99–3. On April 23, 1999, the that Order. It is not significant under the For the reasons set out in the PRC published a notice of the filing, regulatory policies and procedures of preamble, the Coast Guard amends 33 with a description of the Postal the Department of Transportation (DOT) CFR part 117 as follows: Service’s proposal, in the Federal (44 FR 11040; Feb. 26, 1979). The Coast Register (64 FR 13613). Guard expects the economic impact of PART 117ÐDRAWBRIDGE On June 23, 1999, the PRC issued to this final rule to be so minimal that a OPERATION REGULATIONS the Governors of the Postal Service its full Regulatory Evaluation under 1. The authority citation for part 117 recommended decision on the Postal paragraph 10e of the regulatory policies continues to read as follows: Service’s request. The PRC and procedures of DOT is unnecessary. recommended the changes proposed by Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 the Postal Service. On July 12, 1999, the This conclusion is based on the fact that CFR 1.05–1(g); section 117.255 also issued no requests to open this bridge have under the authority of Pub. L. 102–587, 106 Governors of the United States Postal been made since 1978. Stat. 5039. Service voted to approve the PRC’s recommendations, and the Board of Small Entities 2. Section 117.723(f) is revised to read Governors set an effective date of Under the Regulatory Flexibility Act as follows: August 1, 1999. (5 U.S.C. 601 et seq.), the Coast Guard § 117.723 Hackensack River. This final rule contains the Domestic considered whether this final rule will Mail Manual (DMM) standards adopted have a significant economic impact on * * * * * by the Postal Service to implement the (f) Except as provided in paragraph a substantial number of small entities. Governors’ decision. The revised DMM (a)(1) of this section, the draw of the S46 ‘‘Small entities’’ include small standards take effect on August 1, 1999. businesses, not-for-profit organizations Bridge, at mile 14.0, in Little Ferry, shall Because of the unusual circumstances that are independently owned and open on signal if at least a twenty four of this anomaly, the Postal Service has operated and are not dominant in their hour advance notice is given by calling also decided to make refunds available fields, and governmental jurisdictions the number posted at the bridge. for the excess of postage paid using with populations less than 50,000. * * * * * Nonprofit or Classroom rate schedules Therefore, for reasons stated in the Dated: June 30, 1999. over postage computed using the Regulatory Evaluation section above, the R.M. Larrabee, Regular rate schedule. These Coast Guard certifies under section Rear Admiral, U.S. Coast Guard, Commander, circumstances include the following. 605(b) of the Regulatory Flexibility Act First Coast Guard District. The anomaly was an unintended (5 U.S.C. 601 et seq.) that this final rule [FR Doc. 99–18497 Filed 7–19–99; 8:45 am] byproduct of the highly complex will not have a significant economic BILLING CODE 4915±01±M Periodicals rate design process,

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Mail Manual, which is incorporated by the anomaly at the time of mailing; and An appropriate amendment to 39 CFR reference in the Code of Federal mailers would have qualified for the 111.3 will be published to reflect these Regulations (see 39 CFR Part 111). lower Regular rates if they had changes. surrendered their Nonprofit or PART 111Ð[AMENDED] Stanley F. Mires, Classroom authorizations. Chief Counsel, Legislative. 1. The authority citation for 39 CFR For mailings made prior to August 1, [FR Doc. 99–18510 Filed 7–19–99; 8:45 am] Part 111 continues to read as follows: a publisher of a Nonprofit or Classroom BILLING CODE 7710±12±P Periodicals publication may request a Authority: 5 U.S.C. 552(a); 39 U.S.C 101, refund for the difference between 401, 403, 404, 3001–3011, 3201–3219, 3403– postage paid at Nonprofit or Classroom 3406, 3621, 3626, 5001. rates and postage computed at Regular 2. Revise the following sections of the ENVIRONMENTAL PROTECTION rates, if the Regular postage is lower. On Domestic Mail Manual as follows: AGENCY April 26, 1999, the Postal Service published a notice in the Federal E Eligibility 40 CFR Part 52 Register (see 64 FR 20340–20341) of E200 Periodicals [CA 105±153a; FRL±6378±7] procedures for tracking differences in * * * * * postage between Regular rates and E270 Preferred Periodicals Approval and Promulgation of Nonprofit or Classroom rates, for the * * * * * Implementation Plans; California State purpose of making refunds for mailings Implementation Plan Revision; Kern made starting April 9, 1999. The Postal 2.0 NONPROFIT RATE—BASIC County Air Pollution Control District; Service has decided that appropriate INFORMATION: Mojave Desert Air Quality Management refunds may be made back to January * * * * * District; Ventura County Air Pollution 10, 1999. [Add new 2.4 as follows:] Control District An application for a refund will 2.4 Rate Anomaly consist of a written statement that the When the Nonprofit postage AGENCY: Environmental Protection mailer is currently authorized to use computed for a single issue is higher Agency (EPA). either Classroom or Nonprofit than the Regular postage computed for ACTION: Direct final rule. Periodicals rates and wishes to retain the same issue, that issue is eligible for that authorization, but also wishes to be postage at Regular rates. Mailers cannot SUMMARY: EPA is taking direct final considered under these procedures for a use different rate schedules for the same action to approve revisions to the refund to be calculated with reference to issue, except for a supplemental mailing California State Implementation Plan Regular rate postage statements to be for a particular issue entered at least 10 (SIP). The revisions concern rules from submitted with the refund application calendar days after other mailings for the Kern County Air Pollution Control and Preferred rate postage statements on that issue. Publications claimed at District (KCAPCD), the Mojave Desert file at the post office. Mailers must use Regular rates under this section with an Air Quality Management District the instructions published in the April advertising percentage of 10% or less (MDAQMD), and the Ventura County 26, 1999, Federal Register notice. Some are considered 100% nonadvertising for Air Pollution Control District publishers may have already submitted Regular rate purposes. Those (VCAPCD). The rules control oxides of refund requests for mailings made publications may use ‘‘0’’ as the nitrogen (NOX) from cement kilns and between April 9, 1999, and August 1, ‘‘advertising percentage’’ when electric power generating facilities. This 1999. Refund requests must be computing the nonadvertising approval action will incorporate these submitted according to published adjustment to be applied to outside- three rules into the Federally approved instructions and received no later than county piece rate charges. SIP. The intended effect of approving these rules is to regulate emissions of September 15, 1999. No refunds will be * * * * * given for mailings entered on or after NOX in accordance with the August 1, 1999, regardless of whether a 5.0 CLASSROOM RATES requirements of the Clean Air Act, as mailer could have claimed a lower * * * * * amended in 1990 (CAA or the Act). postage rate. [Add new 5.5 as follows:] Thus, EPA is finalizing the approval of Under the new rules, the mailer must 5.5 Rate Anomaly these revisions into the California SIP choose either Regular or Preferred rates When the Classroom postage under provisions of the CAA regarding for each issue of a publication and computed for a single issue is higher EPA action on SIP submittals, SIPs for complete the applicable postage than the Regular postage computed for national primary and secondary ambient statement, except that a supplemental the same issue, that issue is eligible for air quality standards and plan mailing at least 10 calendar days after postage at Regular rates. Mailers cannot requirements for nonattainment areas. other mailings for the issue can be use different rate schedules for the same DATES: These rules are effective on treated separately. All postage issue, except for a supplemental mailing September 20, 1999 without further statements for a particular issue should for a particular issue entered at least 10 notice, unless EPA receives adverse be provided with an application for a calendar days after other mailings for comments by August 19, 1999. If EPA refund, but a supplemental mailing at that issue. Publications claimed at receives such comments, it will publish least 10 calendar days after other Regular rates under this section with an a timely withdrawal in the Federal mailings does not need to be included advertising percentage of 10% or less Register informing the public that this in calculating refunds. are considered 100% nonadvertising for rule will not take effect.

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ADDRESSES: Written comments must be Amendments of 1990 Implementation of to be complete on May 21, 1998 submitted to Andrew Steckel at the Title I; Proposed Rule,’’ (the NOX pursuant to EPA’s completeness criteria Region IX office listed below. Copies of Supplement) which describes the that are set forth in 40 CFR part 51, the rules and EPA’s evaluation report of requirements of section 182(f). The appendix V 2 and are being finalized for each rule are available for public November 25, 1992, proposed rule approval into the SIP. By today’s inspection at EPA’s Region 9 office should be referred to for further document, EPA is taking direct final during normal business hours. Copies of information on the NOX requirements action to approve these rules into the the submitted rules are also available for and is incorporated into this document Federally approved SIP. inspection at the following locations: by reference. NOX emissions contribute to the Rulemaking Office (AIR–4), Air Section 182(f) of the Clean Air Act production of ground level ozone and Division, U.S. Environmental requires States to apply the same smog. KCAPCD’s Rule 425.3 controls Protection Agency, Region IX, 75 requirements to major stationary sources emissions of NOX from cement kilns; Hawthorne Street, San Francisco, CA of NOX (‘‘major’’ as defined in section MDAQMD’s Rule 1158 and VCAPCD’s 94105 302 and section 182(c), (d), and (e)) as Rule 58 control emissions of NOX from Environmental Protection Agency, Air are applied to major stationary sources electric power generating facilities. Docket (6102), 401 ‘‘M’’ Street, SW, of volatile organic compounds (VOCs), These rules were adopted as part of Washington, DC 20460 in moderate or above ozone KCAPCD’s, MDAQMD’s, and VCAPCD’s California Air Resources Board, nonattainment areas. Kern County area efforts to achieve the National Ambient Stationary Source Division, Rule is classified as serious; the Southeast Air Quality Standards (NAAQS) for Evaluation Section, 2020 ‘‘L’’ Street, Desert Air Basin managed by MDAQMD ozone and in response to the CAA and the Ventura County area are requirements cited above. The following Sacramento, CA 95814 1 Kern County Air Pollution Control classified as severe; therefore these is EPA’s evaluation and final action for District, 2700 M Street, Suite 302, areas were subject to the RACT these rules. requirements of section 182(b)(2), cited Bakersfield, CA 93301 III. EPA Evaluation and Action Mojave Desert Air Quality Management below, and the November 15, 1992 In determining the approvability of a District, 15428 Civic Drive, Suite 200, deadline. Section 182(b)(2) requires submittal of NOX rule, EPA must evaluate the rule Victorville, CA 92392–2383 RACT rules for major stationary sources Ventura County Air Pollution Control for consistency with the requirements of of VOC emissions (not covered by a pre- District, Rule Development Section, the CAA and EPA regulations, as found enactment control techniques guidelines 669 County Square Drive, Ventura, in section 110, and part D of the CAA (CTG) document or a post-enactment CA 93003 and 40 CFR part 51 (Requirements for CTG document) by November 15, 1992. Preparation, Adoption and Submittal of FOR FURTHER INFORMATION CONTACT: Max There were no NOX CTGs issued before Implementation Plans). The EPA Fantillo, Rulemaking Office (AIR–4), Air enactment and EPA has not issued a interpretation of these requirements, Division, U.S. Environmental Protection CTG document for any NOX sources which forms the basis for this action, Agency, Region IX, 75 Hawthorne since enactment of the CAA. The RACT appears in various EPA policy guidance Street, San Francisco, CA 94105–3901, rules covering NOX sources and documents.3 Among these provisions is Telephone: (415) 744–1183. submitted as SIP revisions, are expected the requirement that a NOX rule must, SUPPLEMENTARY INFORMATION: to require final installation of the actual at a minimum, provide for the I. Applicability NOX controls as expeditiously as implementation of RACT for stationary practicable, but no later than May 31, sources of NOX emissions. The rules being approved into the 1995. For the purposes of assisting State and California SIP include: KCAPCD’s Rule The State of California submitted local agencies in developing NOX RACT 425.3, Portland Cement Kilns (Oxide of many RACT rules for incorporation into rules, EPA prepared the NOX Nitrogen); MDAQMD’s Rule 1158, its SIP on October 19, 1994, March 3 Supplement to the General Preamble, Electric Power Generating Facilities; and 10, 1998 including the rules being cited above (57 FR 55620). In the NOX and VCAPCD’s Rule 59, Electric Power acted upon in this document. This Supplement, EPA provides guidance on Generating Equipment—Oxides of document addresses EPA’s direct-final how RACT will be determined for Nitrogen Emissions. These rules were action for KCAPCD Rule 425.3, Portland stationary sources of NOX emissions. submitted by the California Air Cement Kilns (Oxides of Nitrogen); While most of the guidance issued by Resources Board (CARB) to EPA on MDAQMD Rule 1158, Electric Power EPA on what constitutes RACT for October 19, 1994 (Rule 425.3) and Generating Facilities; and VCAPCD Rule stationary sources has been directed March 10, 1998 (Rule 1158 and Rule 59, Electric Power Generating towards application for VOC sources, 59). Equipment—Oxides of Nitrogen much of the guidance is also applicable II. Background Emissions. KCAPCD adopted Rule 425.3 to RACT for stationary sources of NOX on October 13, 1994, MDAQMD adopted (see section 4.5 of the NOX On November 15, 1990, the Clean Air Rule 1158 on August 25, 1997, and Supplement). In addition, pursuant to Act Amendments of 1990 (CAA or the VCAPCD adopted Rule 59 on July 15, Act) were enacted. Public Law 101–549, 1997. The submitted KCAPCD’s Rule 2 EPA adopted the completeness criteria on 104 Stat. 2399, codified at 42 U.S.C. 425.3 was found to be complete on February 16, 1990 (55 FR 5830) and, pursuant to 7401–7671q. The air quality planning October 21, 1994; MDAQMD’s Rule section 110(k)(1)(A) of the CAA, revised the criteria on August 26, 1991 (56 FR 42216). requirements for the reduction of NOX 1158 and VCAPCD’s Rule 59 were found 3 Among other things, the pre-amendment emissions through reasonably available guidance consists of those portions of the proposed control technology (RACT) are set out in 1 Kern County area, Ventura County area, and post-1987 ozone and carbon monoxide policy that section 182(f) of the CAA. On November Southeast Desert Air Basin managed by MDAQMD concern RACT, 52 FR 45044 (November 24, 1987); 25, 1992, EPA published a proposed retained their designations of nonattainment and ‘‘Issues Relating to VOC Regulation Cutpoints, was classified by operation of law pursuant to Deficiencies, and Deviations, Clarification to rule entitled ‘‘State Implementation sections 107(d) and 181(a) upon the date of Appendix D of November 24, 1987 Federal Register Plans; Nitrogen Oxides Supplement to enactment of the CAA. See 56 FR 56694 (November Notice’’ (Blue Book) (notice of availability was the General Preamble; Clean Air Act 6, 1991). published in the Federal Register on May 25, 1988).

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section 183(c), EPA is issuing strengthens the SIP with enforceable specified in the NOX Supplement for alternative control technique documents measures such as applicability, electric utility boilers. (ACTs), that identify alternative controls definition, emission limits, Rule 1158’s NOX emission limits ((70– for categories of stationary sources of recordkeeping, test methods, and 125 ppm) gas-fired and (115–225 ppm) NOX. The ACT documents will provide compliance schedule. Therefore, Rule liquid-fired) for boilers, and (42 ppm information on control technology for 425.3 meets the federal RACT by (gas-fired) and 65 ppm (liquid-fired) for stationary sources that emit or have the meeting the above requirements. combined-cycle gas turbines are below potential to emit 25 tons per year or In evaluating the rule, EPA must or within the NOX Supplement more of NOX. However, the ACTs will determine whether the CAA allowable emission limits (167–251 not establish a presumptive norm for requirement that RACT will be ppm) for electric utility boilers and the what is considered RACT for stationary implemented by May 31, 1995 is met. CARB’s RACT/BARCT Guidance sources of NOX. In general, the guidance The rule requires final compliance by emission limits (42/65 ppm) for gas documents cited above, as well as other May 31, 1995. Kilns that need to retrofit turbines. The rule is generally relevant and applicable guidance are allowed full compliance by May 31, consistent with EPA guidelines and documents, have been set forth to 1997. Rule 425.3 meets EPA’s RACT CARB’s RACT/BARCT Guidance ensure that submitted NOX RACT rules guideline and May 31, 1995 requirements. The rule contains meet Federal RACT requirements and implementation requirements by enforceability measures such as are fully enforceable and strengthen or requiring RACT be implemented by May applicability, emission limits, maintain the SIP. 1997 and interim measures including exemptions, monitoring requirements, There is currently no version of submission of a compliance plan, and recordkeeping, averaging time, test KCAPCD Rule 425.3, Portland Cement an application for authority to construct, methods, definitions, and compliance Kilns in the SIP. Rule 425.3 controls are met to ensure progress toward final schedule. The rule also requires final NOX emissions from Portland cement compliance with the rule. compliance with the emission limits by kilns operated within the Kern County There is currently no version of May 31, 1995. Therefore, Rule 1158 area. The submitted rule includes the MDAQMD’s Rule 1158, Electric Power meets the federal RACT guidance and following provisions: applicability, Generating Facilities in the SIP. Rule the May 31, 1995 implementation exemptions, definitions, emission 1158 controls NOX emissions from deadline by meeting the above limits, compliance determination and electric power generating facilities requirements. monitoring, recordkeeping, test within the Southeastern Desert Air On January 22, 1997, EPA approved methods, and compliance schedule. Basin managed by MDAQMD. The into the SIP a version of Rule 59, EPA developed alternative control submitted rule includes the following Electric Power Generating Equipment technique (ACT) documents for provisions: applicability, emission that had been revised by VCAPCD on categories of stationary sources that limits, exemptions, monitoring October 12, 1993. Revisions to this rule either emit or have the potential to emit requirements, recordkeeping, averaging were subsequently adopted on July 15, 25 tons per year or more of NOX, to time, test methods, definitions, and 1997 and submitted to EPA. VCAPCD’s assist states in making RACT compliance schedule. submitted Rule 59, Electric Power determinations. However, the ACTs do EPA established RACT emission Generating Equipment—Oxides of not establish a presumptive norm for levels for electric utility boilers and Nitrogen Emissions includes the what is considered RACT for stationary recommended for other source following significant changes from the sources of NOX. Cement kilns have been categories that States/Districts make current SIP: identified as a major stationary source RACT determinations comparable to • Rule 59 has been revised so it will that emit more than 25 tons of NOX per those EPA established for electric utility apply to any owner/operator of electric year. The ACT for cement kilns provides boilers. This comparability should be power generating steam boilers within technical information for use by state based on several factors including cost, VCAPCD area; and local agencies to develop and cost-effectiveness, and emission • A threshold heat input capacity implement regulatory programs to reductions. 4 greater than 300 million British Thermal control NOX emissions from cement The CARB RACT/BARCT Guidance Unit per hour (MMBtu/hr) has been manufacturing operations. The ACT document for stationary gas turbines added; suggests the NOX limits of 42 ppm (gas- reports a range of NOX emission factors • The NOX emission limits have been from 0.90 to 19.5 lbs./ton for different fired) and 65 ppm (liquid-fired) for units changed to a uniform and more cement kiln types and processes. rated 0.30 MW and greater. EPA has stringent limit of 0.10 pounds per Rule 425.3 sets RACT NOX emission used the NOX Supplement to the megawatt hour (lbs./MW-hr); limits at 11.6 lbs./ton of clinker General Preamble (NOX Supplement) • The use of continuous emission produced averaged on a 24 consecutive document and the CARB’s RACT/ monitoring (CEM) system to determine hour period and/or at 6.4 lbs./ton of BARCT Guidance for gas turbines in compliance has been added; clinker produced averaged on a 30 evaluating Rule 1158 for consistency • Compliance period has been consecutive day period. These limits with the CAA’s RACT requirements. changed from the rolling twenty-four were set based on initial source tests The RACT limits for utility boilers hours to an hourly average not to exceed and are comparable to other district range 0.20–0.30 pounds of NOX per ≈ twenty-four hours; NOX emission limits for cement kilns; million Btu (lbs./MMBtu) ( 167–251 • Use of 40 CFR 75.10(d)(1) ppm) for burning gaseous and liquid they are within the ACT NOX emissions provisions in lieu of the hourly fuels. The emission limits in CARB’s factors (0.90–19.5 lbs./ton) for cement calculation of NOX emission rates; manufacturing operation. RACT/BARCT determination (42/65 • Clarification of the 96-hours When reviewing rules for SIP ppm) are generally comparable to those exemption during fuel oil system tests; approvability, EPA evaluates • Recordkeeping has been increased enforceability elements such as test 4 Determination of Reasonably Available Control from four to five years; Technology and Best Available Retrofit Control • methods, recordkeeping, and Technology for gas turbines (RACT/BARCT Deletion of extraneous provisions compliance determinations in addition Guidance for stationary gas turbines), California Air and obsolete requirements in the rule; to RACT emission limits. Rule 425.3 Resources Board, May 18, 1992. and

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• Other minor changes of the rule to informing the public that the rule will EPA has reason to believe may have a improve clarity. not take effect. All public comments disproportionate effect on children. If When reviewing rules for SIP received will then be addressed in a the regulatory action meets both criteria, approvability, EPA evaluates subsequent final rule based on the the Agency must evaluate the enforceability elements such as test proposed rule. The EPA will not environmental health or safety effects of methods, recordkeeping, and institute a second comment period on the planned rule on children, and compliance determinations as well as this rule. Any parties interested in explain why the planned regulation is RACT emission limits. All these commenting on this rule should do so preferable to other potentially effective elements are already in the SIP- at this time. If no such comments are and reasonably feasible alternatives approved version of the rule. The received, the public is advised that this considered by the Agency. This rule is revised rule is more stringent than the rule will be effective on September 20, not subject to E.O. 13045 because it is SIP approved version of the rule, which 1999 and no further action will be taken does not involve decisions intended to was previously determined to meet on the proposed rule. mitigate environmental health or safety RACT requirements. EPA believes the risks. addition of 300 MMBtu/hr applicability IV. Administrative Requirements D. Executive Order 13084 cut-off and the changing of the A. Executive Order 12866 compliance period from a 24-hour Under Executive Order 13084, averaging to a flexible hourly average is The Office of Management and Budget Consultation and Coordination with not a relaxation restricted under 110(l) (OMB) has exempted this regulatory Indian Tribal Governments, EPA may of the Act because the heat rate ratings action from Executive Order (E.O.) not issue a regulation that is not of the existing units affected by this 12866, Regulatory Planning and Review. required by statute, that significantly or amendment are much higher than the B. Executive Order 12875 uniquely affects the communities of 300 MMBtu/hr cut-off and the hourly Indian tribal governments, and that averaging is more stringent than the 24- Under Executive Order 12875, imposes substantial direct compliance hour average compliance period. The Enhancing the Intergovernmental costs on those communities, unless the additional reduction obtained beyond Partnership, EPA may not issue a Federal government provides the funds those attributable to RACT are assumed regulation that is not required by statute necessary to pay the direct compliance necessary for VCAPCD’s attainment and that creates a mandate upon a State, costs incurred by the tribal planning purposes. local or tribal government, unless the governments, or EPA consults with A more detailed discussion of the Federal government provides the funds those governments. If EPA complies by sources controlled, the controls necessary to pay the direct compliance consulting, Executive Order 13084 required, and the justification for why costs incurred by those governments, or requires EPA to provide to the Office of these controls represent RACT can be EPA consults with those governments. If Management and Budget, in a separately found in the Technical Support EPA complies by consulting, Executive identified section of the preamble to the Documents (TSDs) for KCAPCD’s Rule Order 12875 requires EPA to provide to rule, a description of the extent of EPA’s 425.3, MDAQMD’s Rule 1158, and the Office of Management and Budget a prior consultation with representatives VCAPCD’s Rule 59 dated June 1, 1999. description of the extent of EPA’s prior of affected tribal governments, a EPA has evaluated the submitted consultation with representatives of summary of the nature of their concerns, rules and has determined that they are affected State, local and tribal and a statement supporting the need to consistent with the CAA, EPA governments, the nature of their issue the regulation. In addition, regulations and EPA policy. Therefore, concerns, copies of any written Executive Order 13084 requires EPA to KCAPCD’s Rule 425.3, Portland Cement communications from the governments, develop an effective process permitting Kilns (Oxides of Nitrogen), MDAQMD’s and a statement supporting the need to elected officials and other Rule 1158, Electric Power Generating issue the regulation. In addition, representatives of Indian tribal Facilities, and VCAPCD’s Rule 59, Executive Order 12875 requires EPA to governments ‘‘to provide meaningful Electric Power Generating Equipment— develop an effective process permitting and timely input in the development of Oxides of Nitrogen Emissions are being elected officials and other regulatory policies on matters that approved under section 110(k)(3) of the representatives of State, local and tribal significantly or uniquely affect their CAA as meeting the requirements of governments ‘‘to provide meaningful communities.’’ Today’s rule does not section 110(a), section 182(b)(2), section and timely input in the development of significantly or uniquely affect the 182(f) and the NOX Supplement to the regulatory proposals containing communities of Indian tribal General Preamble. significant unfunded mandates.’’ governments. Accordingly, the EPA is publishing this rule without Today’s rule does not create a mandate requirements of section 3(b) of E.O. prior proposal because the Agency on State, local or tribal governments. 13084 do not apply to this rule. views this as a noncontroversial The rule does not impose any amendment and anticipates no adverse enforceable duties on these entities. E. Regulatory Flexibility Act comments. However, in the proposed Accordingly, the requirements of The Regulatory Flexibility Act (RFA) rules section of this Federal Register section 1(a) of E.O. 12875 do not apply generally requires an agency to conduct publication, EPA is publishing a to this rule. a regulatory flexibility analysis of any separate document that will serve as the rule subject to notice and comment C. Executive Order 13045 proposal to approve the SIP revision rulemaking requirements unless the should adverse comments be filed. This Protection of Children from agency certifies that the rule will not rule will be effective September 20, Environmental Health Risks and Safety have a significant economic impact on 1999 without further notice unless the Risks (62 FR 19885, April 23, 1997), a substantial number of small entities. Agency receives adverse comments by applies to any rule that: (1) is Small entities include small businesses, August 19, 1999. determined to be ‘‘economically small not-for-profit enterprises, and If the EPA receives such comments, significant’’ as defined under E.O. small governmental jurisdictions. This then EPA will publish a timely 12866, and (2) concerns an final rule will not have a significant withdrawal in the Federal Register environmental health or safety risk that impact on a substantial number of small

VerDate 18-JUN-99 08:23 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\A20JY0.094 pfrm07 PsN: 20JYR1 38836 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations entities because SIP approvals under required information to the U.S. Senate, (i) * * * section 110 and subchapter I, part D of the U.S. House of Representatives, and (H) * * * the Clean Air Act do not create any new the Comptroller General of the United (2) Rule 1158, adopted on February requirements but simply approve States prior to publication of the rule in 22, 1995 and amended on August 25, requirements that the State is already the Federal Register. This rule is not a 1997. imposing. Therefore, because the ‘‘major’’ rule as defined by 5 U.S.C. * * * * * Federal SIP approval does not create 804(2). (K) Ventura County Air Pollution any new requirements, I certify that this Control District. action will not have a significant H. Petitions for Judicial Review economic impact on a substantial Under section 307(b)(1) of the Clean (1) Rule 59, adopted on October 6, number of small entities. Moreover, due Air Act, petitions for judicial review of 1969 and amended on July 15, 1997. to the nature of the Federal-State this action must be filed in the United * * * * * relationship under the Clean Air Act, States Court of Appeals for the [FR Doc. 99–18360 Filed 7–19–99; 8:45 am] preparation of flexibility analysis would appropriate circuit by September 20, BILLING CODE 6560±50±P constitute Federal inquiry into the 1999. Filing a petition for economic reasonableness of state action. reconsideration by the Administrator of The Clean Air Act forbids EPA to base this final rule does not affect the finality ENVIRONMENTAL PROTECTION its actions concerning SIPs on such of this rule for the purposes of judicial AGENCY grounds. Union Electric Co., v. U.S. review nor does it extend the time EPA, 427 U.S. 246, 255–66 (1976); 42 within which a petition for judicial 40 CFR Part 52 U.S.C. 7410(a)(2). review may be filed, and shall not [MD063±3023a; FRL±6379±6] F. Unfunded Mandates postpone the effectiveness of such rule or action. This action may not be Under section 202 of the Unfunded challenged later in proceedings to Approval and Promulgation of Air Mandates Reform Act of 1995 enforce its requirements. (See section Quality Implementation Plans; (‘‘Unfunded Mandates Act’’), signed 307(b)(2).) MarylandÐFuel Burning Equipment into law on March 22, 1995, EPA must prepare a budgetary impact statement to List of Subjects in 40 CFR Part 52 AGENCY: Environmental Protection accompany any proposed or final rule Environmental protection, Air Agency (EPA). that includes a Federal mandate that pollution control, Hydrocarbons, ACTION: Direct final rule. may result in estimated annual costs to Incorporation by reference, State, local, or tribal governments in the Intergovernmental relations, Nitrogen SUMMARY: EPA is approving a State aggregate; or to private sector, of $100 dioxide, Ozone, Reporting and Implementation Plan (SIP) revision million or more. Under section 205, recordkeeping requirements, Volatile submitted by the State of Maryland. EPA must select the most cost-effective organic compound. This revision does not change current and least burdensome alternative that requirements. The intended effect of Note: Incorporation by reference of the this action is to approve a change in the achieves the objectives of the rule and State Implementation Plan for the State of is consistent with statutory California was approved by the Director of terms used in the text of a regulation to requirements. Section 203 requires EPA the Federal Register on July 1, 1982. more accurately reflect its intended to establish a plan for informing and purpose to exempt fuel burning advising any small governments that Dated: June 29, 1999. equipment, not installations, from may be significantly or uniquely Laura K. Yoshii, certain general requirements pertaining impacted by the rule. Acting Regional Administrator, Region IX. to sulfur oxides (SOx) . EPA is EPA has determined that the approval Part 52, Chapter I, Title 40 of the Code approving these revisions to the action promulgated does not include a of Federal Regulations is amended as Maryland SIP in accordance with the Federal mandate that may result in follows: requirements of the Clean Air Act. estimated annual costs of $100 million DATES: This rule is effective on or more to either State, local, or tribal PART 52Ð[AMENDED] September 20, 1999 without further governments in the aggregate, or to the 1. The authority citation for Part 52 notice, unless EPA receives adverse private sector. This Federal action written comment by August 19, 1999. If approves pre-existing requirements continues to read as follows: Authority: 42 U.S.C. 7401 et seq. EPA receives such comments, it will under State or local law, and imposes publish a timely withdrawal of the no new requirements. Accordingly, no Subpart FÐCalifornia direct final rule in the Federal Register additional costs to State, local, or tribal and inform the public that the rule will governments, or to the private sector, 2. Section 52.220 is amended by not take effect. result from this action. adding paragraph (c)(202)(i)(B), ADDRESSES: Written comments should (c)(254)(i)(H)(2) and (c)(254)(i)(K) to G. Submission to Congress and the be mailed to Makeba Morris, Chief, read as follows: Comptroller General Technical Assessment Branch, Mailcode The Congressional Review Act, 5 § 52.220 Identification of plan. 3AP22, U.S. Environmental Protection U.S.C. 801 et seq., as added by the Small * * * * * Agency, Region III, 1650 Arch Street, Business Regulatory Enforcement (c) * * * Philadelphia, Pennsylvania 19103. Fairness Act of 1996, generally provides (202) * * * Copies of the documents relevant to this that before a rule may take effect, the (i) * * * action are available for public agency promulgating the rule must (B) Kern County Air Pollution Control inspection during normal business submit a rule report, which includes a District. hours at the Air Protection Division, copy of the rule, to each House of the (1) Rule 425.3, adopted on October 13, U.S. Environmental Protection Agency, Congress and to the Comptroller General 1994. Region III, 1650 Arch Street, of the United States. EPA will submit a * * * * * Philadelphia, Pennsylvania 19103; the report containing this rule and other (254) * * * Air and Radiation Docket and

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Information Center, U.S. Environmental Any parties interested in commenting preferable to other potentially effective Protection Agency, 401 M Street, SW, should do so at this time. and reasonably feasible alternatives Washington, DC 20460; and Maryland considered by the Agency. This final II. Final Action Department of the Environment, 2500 rule is not subject to E.O. 13045 because Broening Highway, Baltimore, Maryland EPA is approving administrative it is not an economically significant 21224. amendments to clarify the applicabilty regulatory action as defined by E.O. of COMAR 26.11.06.05—Sulfur FOR FURTHER INFORMATION CONTACT: 12866, and it does not address an Artra B. Cooper at (215) 814–2096, or by Compounds from Other than Fuel environmental health or safety risk that Burning Equipment, as submitted by the e-mail at [email protected]. would have a disproportionate effect on Maryland Department of the children. SUPPLEMENTARY INFORMATION: Environment on February 6, 1998. D. Executive Order 13084 I. Background III. Administrative Requirements Under E.O. 13084, EPA may not issue On February 6, 1998, the State of A. Executive Order 12866 a regulation that is not required by Maryland submitted a formal revision to The Office of Management and Budget statute, that significantly affects or its State Implementation Plan (SIP). The uniquely affects the communities of SIP revision consists of a technical (OMB) has exempted this regulatory action from review under E.O. 12866, Indian tribal governments, and that amendment to the text of COMAR imposes substantial direct compliance 26.11.06.05—Sulfur Compounds from entitled ‘‘Regulatory Planning and Review.’’ costs on those communities, unless the Other than Fuel Burning Equipment, to Federal government provides the funds more accurately reflect the applicability B. Executive Order 12875 necessary to pay the direct compliance of the regulation. The amendment Under E.O. 12875, EPA may not issue costs incurred by the tribal changes the term ‘‘fuel burning a regulation that is not required by governments. If EPA complies by installation’’ to ‘‘fuel burning statute and that creates a mandate upon consulting, Executive Order 13084 equipment.’’ a state, local, or tribal government, requires EPA to provide to the Office of Summary of SIP Revision unless the Federal government provides Management and Budget, in a separately the funds necessary to pay the direct identified section of the preamble to the The SIP revision consists of a compliance costs incurred by those rule, a description of the extent of EPA’s technical amendment that corrects the governments. If EPA complies by prior consultation with representatives text of COMAR 26.11.06.05—Sulfur consulting, E.O. requires EPA to provide of affected tribal governments, a Compounds from Other than Fuel to the Office of Management and Budget summary of the nature of their concerns, Burning Equipment. The correction a description of the extent of EPA’s and a statement supporting the need to removes the term ‘‘fuel burning prior consultation with representatives issue the regulation. In addition, installations’’ and replaces it with ‘‘fuel of affected state, local, and tribal Executive Order 13084 requires EPA to burning equipment.’’ The intent of the governments, the nature of their develop an effective process permitting regulation is to exempt fuel burning concerns, copies of written elected and other representatives of equipment (boilers) from the provisions communications from the governments, Indian tribal governments ‘‘to provide found in COMAR 26.11.06.05 because and a statement supporting the need to meaningful and timely input in the these units are specifically regulated issue the regulation. In addition, E.O. development of regulatory policies on under COMAR 26.11.09—Control of 12875 requires EPA to develop an matters that significantly or uniquely Fuel Burning Equipment, Stationary effective process permitting elected affect their communities.’’ Today’s rule Internal Combustion Engines and officials and other representatives of does not significantly or uniquely affect Certain Fuel Burning Installations. This state, local, and tribal governments ‘‘to the communities of Indian tribal SIP revision simply clarifies the provide meaningful and timely input in governments. This action does not applicability of COMAR 26.11.06.05 and the development of regulatory proposals involve or impose any requirements that does not change any current emission containing significant unfunded affect Indian Tribes. Accordingly, the standards. mandates.’’ Today’s rule does not create requirements of section 3(b) of E.O. EPA is approving this rule without a mandate on state, local or tribal 13084 do not apply to this rule. prior proposal because the Agency governments. The rule does not impose E. Regulatory Flexibility Act views this as a noncontroversial any enforceable duties on these entities. submittal and anticipates no adverse Accordingly, the requirements of The Regulatory Flexibility Act (RFA) comments. However, in the ‘‘Proposed section 1(a) of E.O. 12875 do not apply generally requires an agency to conduct Rules’’ section of today’s Federal to this rule. a regulatory flexibility analysis of any Register publication, EPA is publishing rule subject to notice and comment a separate document that will serve as C. Executive Order 13045 rulemaking requirements unless the the proposal to approve the SIP revision E.O. 13045, entitled ‘‘Protection of agency certifies that the rule will not should adverse comments be filed. This Children from Environmental Health have a significant economic impact on rule will be effective on September 20, Risks and Safety Risks’’ (62 FR 19885, a substantial number of small entities. 1999 without further notice unless the April 23, 1997), applies to any rule that Small entities include small businesses, Agency receives adverse comments by the EPA determines (1) is ‘‘economically small not-for-profit enterprises, and August 19, 1999. If EPA receives significant,’’ as defined under E.O. small governmental jurisdictions. This adverse comment, then EPA will 12866, and (2) the environmental health final rule will not have a significant publish a timely withdrawal in the or safety risk addressed by the rule has impact on a substantial number of small Federal Register informing the public a disproportionate effect on children. If entities because SIP approvals under that the rule will not take effect. EPA the regulatory action meets both criteria, section 110 and subchapter I, part D of will address all public comments in a the Agency must evaluate the the Clean Air Act do not create any new subsequent final rule based on the environmental health or safety effects of requirements but simply approve proposed rule. EPA will not institute a the planned rule on children and requirements that the State is already second comment period on this action. explain why the planned regulation is imposing. Therefore, because the

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Federal SIP approval does not create governments, or to the private sector, Dated: July 8, 1999. any new requirements, I certify that this result from this action. Thomas Voltaggio, action will not have a significant G. Submission to Congress and the Acting Regional Administrator, Region III. economic impact on a substantial Comptroller General number of small entities. Moreover, due 40 CFR part 52 is amended as follows: to the nature of the Federal-State The Congressional Review Act, 5 relationship under the Clean Air Act, U.S.C. 801 et seq., as added by the Small PART 52Ð[AMENDED] preparation of a flexibility analysis Business Regulatory Enforcement 1. The authority citation for part 52 would constitute Federal inquiry into Fairness Act of 1996, generally provides continues to read as follows: the economic reasonableness of state that before a rule may take effect, the agency promulgating the rule must action. The Clean Air Act forbids EPA Authority: 42 U.S.C. 7401 et seq. submit a rule report, which includes a to base its actions concerning SIPs on copy of the rule, to each House of the such grounds. Union Electric Co. v. U.S. Subpart VÐMaryland Congress and to the Comptroller General EPA, 427 U.S. 246, 255–66 (1976); 42 of the United States. EPA will submit a U.S.C. 7410(a)(2). 2. Section 52.1070 is amended by report containing this rule and other adding paragraphs (c)(129) to read as F. Unfunded Mandates required information to the U.S. Senate, follows: the U.S. House of Representatives, and Under section 202 of the Unfunded the Comptroller General of the United § 52.1070 Identification of plan. Mandates Reform Act of 1995 States prior to publication of the rule in * * * * * (‘‘Unfunded Mandates Act’’), signed the Federal Register. This rule is not a into law on March 22, 1995, EPA must ‘‘major rule’’ as defined by 5 U.S.C. (c) * * * prepare a budgetary impact statement to 804(2). (129) Revisions to the State of Maryland Regulations COMAR accompany any proposed or final rule H. Petitions for Judicial Review that includes a Federal mandate that 26.11.06.05—Sulfur Compounds from may result in estimated annual costs to Under section 307(b)(1) of the Clean Other than Fuel Burning Equipment State, local, or tribal governments in the Air Act, petitions for judicial review of submitted on February 6, 1998 by the aggregate; or to private sector, of $100 this action must be filed in the United Maryland Department of the million or more. Under section 205, States Court of Appeals for the Environment: EPA must select the most cost-effective appropriate circuit by September 20, 1999. Filing a petition for (i) Incorporation by reference. and least burdensome alternative that reconsideration by the Administrator of achieves the objectives of the rule and (A) Letter of February 6, 1998 from this final rule pertaining to technical is consistent with statutory the Maryland Department of the amendments to COMAR 26.11.06.05, requirements. Section 203 requires EPA Environment transmitting amendments Sulfur Compounds from Other than to establish a plan for informing and to Code of Maryland Administrative Fuel Burning Equipment does not affect Regulations (COMAR) 26.11.06.05— advising any small governments that the finality of this rule for the purposes may be significantly or uniquely Sulfur Compounds from Other than of judicial review nor does it extend the Fuel Burning Equipment. impacted by the rule. EPA has time within which a petition for judicial determined that the approval action review may be filed, and shall not (B) Revision to COMAR 26.11.06.05— promulgated does not include a Federal postpone the effectiveness of such rule Sulfur Compounds from Other than mandate that may result in estimated or action. This action may not be Fuel Burning Equipment, effective annual costs of $100 million or more to challenged later in proceedings to September 22, 1997 to replace the term either State, local, or tribal governments enforce its requirements. (See section ‘‘installations’’ with the term in the aggregate, or to the private sector. 307(b)(2).) ‘‘equipment’’ throughout the regulation. This Federal action approves pre- (ii) Additional Material.—Remainder existing requirements under State or List of Subjects in 40 CFR Part 52 of February 8, 1998 submittal. local law, and imposes no new Environmental protection, Air requirements. Accordingly, no pollution control, Incorporation by [FR Doc. 99–18358 Filed 7–19–99; 8:45 am] additional costs to State, local, or tribal reference, Sulfur oxides. BILLING CODE 6560±50±P

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Proposed Rules Federal Register Vol. 64, No. 138

Tuesday, July 20, 1999

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Ms. fortification and limitation requirements contains notices to the public of the proposed Marion Hinners or Ms. Janice Fabina, at do not apply to menus planned under issuance of rules and regulations. The the above address or by telephone at the nutrient standard approaches of the purpose of these notices is to give interested (703) 305–2590. NSLP and the SBP. The nutrient persons an opportunity to participate in the standard menu planning approaches rule making prior to the adoption of the final SUPPLEMENTARY INFORMATION: rules. incorporate nutrient analysis into the Background process and consequently do not need What Are Alternate Protein Products the assurances provided by the DEPARTMENT OF AGRICULTURE and How Are They Used? fortification and limitation requirements In the 1960’s, protein products applied to the food-based approaches. Food and Nutrition Service processed from vegetable sources, What are the Current Regulatory 7 CFR Parts 210, 220, 225 and 226 primarily soybeans, became more Provisions Concerning VPP? prevalent. Because of their low cost and RIN 0584±AC82 their protein quality, vegetable protein These provisions, all contained in products could be used with meat, Appendix A to 7 CFR Parts 210, 225, Modification of the ``Vegetable Protein poultry and seafood in food items. This and 226, are: Products'' Requirements for the blending enhanced use of both meat and (1) use of the names and nutritional National School Lunch Program, vegetable protein products. As the use requirements for VPP developed by the School Breakfast Program, Summer of alternate protein products increased, Food and Drug Administration (FDA); Food Service Program and Child and we felt that we needed to determine (2) use of VPP in the dry, partially Adult Care Food Program how such products would be credited in hydrated form, or fully hydrated form; the Child Nutrition Programs (CN (3) establishment of appropriate AGENCY: Food and Nutrition Service, hydration of dry VPP by setting the USDA. Programs) in order to give menu planners flexibility while maintaining protein quantity requirements for a ACTION: Proposed rule. the nutritional quality of our meals. product ‘‘when hydrated or formulated;’’ SUMMARY: The Food and Nutrition Originally, our policies concerning (4) use of VPP only in combination Service is proposing to update the alternate protein products were with meat, poultry or seafood for the requirements on using ‘‘Vegetable delineated in informal guidance. In meat/meat alternate component; Protein Products’’ in the National 1983, however, we amended our (5) use of up to 30 percent (by School Lunch Program, School regulations by adding a section entitled uncooked weight) of fully hydrated VPP Breakfast Program, Summer Food ‘‘Alternate Foods for Meals—Vegetable as a substitute for meat, poultry, or Service Program, and Child and Adult Protein Products’’ which was located in seafood; and Care Food Program (the Child Nutrition Appendix A, to 7 CFR Part 210, the (6) use of fortified VPP meeting Programs) given changes in food National School Lunch Program (NSLP); USDA–FNS specifications. technology since the current provisions 7 CFR Part 225, the Summer Food were adopted. The major changes Service Program (SFSP); and 7 CFR Part Why is the Amount of VPP Limited? proposed are to: rename ‘‘Vegetable 226, the Child and Adult Care Food When the VPP requirements were Protein Products’’ as ‘‘Alternate Protein Program (CACFP). Appendix A to Part originally incorporated into the Products;’’ remove the limit on the 210 also applied to 7 CFR Part 220, the regulations, nutritionists felt that VPP amount of these products that can be School Breakfast Program (SBP). should be limited to no more than a 30 used; eliminate the requirement that What Are Vegetable Protein Products percent substitution level for raw or alternate protein products be specially (VPP)? cooked meat, poultry, or seafood. This fortified; and update the test used to Appendix A to the various CFR Parts limit was established because data from determine protein quality. These identified above defines vegetable studies available at that time indicated proposed changes would give menu (plant) protein products as foods which that the bioavailability of iron and zinc planners more flexibility to incorporate are processed so that some portion of decreased when foods were formulated these products into their menus along the nonprotein constituents of the with more than 30 percent VPP. Given with the traditional protein sources of vegetable is removed. These vegetable these findings, we adopted the 30 meat, poultry and seafood. protein products (VPP) are safe and percent limitation on VPP use as our DATES: To be assured of consideration, suitable edible products produced from policy. comments must be postmarked on or vegetable (plant) sources such as Why Does FNS Require VPP to be before September 20, 1999. soybeans, peanuts, wheat, and corn. Fortified? ADDRESSES: Comments may be mailed Because they are both nutritious and to: Mr. Robert M. Eadie, 3101 Park versatile, VPP may be included in meals Even with the limited use of VPP, we Center Drive, Alexandria, Virginia offered in the various CN Programs. were still concerned that children 22302. All written submissions will be Currently, VPP fortified with iron and would not receive adequate levels of available for public inspection in Room zinc may constitute up to 30 percent of certain nutrients. Therefore, as an added 1007, 3101 Park Center Drive, the meat/meat alternate component of precaution, we required that VPP used Alexandria, Virginia during regular the food-based menu planning in the CN Programs be fortified with business hours (8:30 a.m. to 5:30 p.m.), approaches used in all of the CN iron and zinc. We did this so that the Monday through Friday. Programs. However, the VPP fully hydrated VPP was similar to meat

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.019 pfrm07 PsN: 20JYP1 38840 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules in both nutrients and the bioavailability impact is on the school meals programs that removing the limit on use of APP of minerals. which have the most participants. The will not adversely affect a child’s diet if SFSP and the CACFP would also benefit menu planners follow the Why is FNS Proposing to Change the from the greater selection of menu items recommendations of the Dietary Provisions on VPP? that would result from these proposed Guidelines on moderation and on A lot of progress has been made in the changes. However, we understand that offering a variety of foods. If menus with areas of nutrition science, food these changes may present some new APP, like any foods offered in our technology and analysis in the 25 years challenges to operators of these programs, are planned with the key that have elapsed since the initial programs. Comments related elements of moderation and variety in formulation of our policies on use of specifically to how these two programs mind, any risk to dietary status should VPP. We need to update our will adopt these proposed modifications be eliminated. requirements on VPP in conjunction are requested. with the continued use of animal Why is FNS Proposing to Remove the sources of protein. What are the Proposed Changes to Requirement for Fortification? We are also looking for ways to Appendix A? We established the requirement that enhance flexibility for menu planners We are proposing to: only fortified VPP be used as an and to assist them in meeting the 1995 (1) change the name from vegetable additional safeguard to further assure Dietary Guidelines for Americans. protein products (VPP) to alternate that children received adequate Additional ways are especially needed protein products (APP) and remove the nutrients. We now can remove this to help menu planners reduce fat and requirement that APP only be of plant requirement as the additional saturated fat in meals while still origin; fortification is unnecessary. In fact, maintaining calorie levels and cost- (2) remove the limitation of 30 scientific evidence indicates that effectiveness. percent (by weight) maximum unrestricted use of fortified APP could We also received requests from substitution for meat, seafood, or actually result in excessive intakes of schools, sponsors and the food industry poultry; iron and zinc. to allow food items with as much as 100 (3) remove the fortification Eliminating the requirement on percent VPP. Unrestricted use of VPP requirement; and fortification would allow the food would increase the variety of food items (4) update the protein quality test to industry to directly market their existing and products that could be offered and the Protein Digestibility Corrected products to schools and sponsors as would assist schools and sponsors in Amino Acid Score (PDCAAS) from the they would no longer need to develop accommodating the vegetarian and currently required Protein Efficiency and maintain a special product ethnic preferences of the participants in Ratio (PER) test. exclusively for the CN Programs. This our programs. would reduce the burden on the food Why Change the Name From VPP to manufacturing industry. Schools and Is Crediting of VPP Consistent Among APP? institutions would have a greater the Menu Planning Approaches? We are proposing to remove the selection of products to incorporate into As a result of recent efforts to improve requirement that protein products used their menus to assist them with meeting the meals offered to children, schools in our programs be derived only from our nutrition goals as well with cost now have a variety of menu planning plant protein sources. Instead of the effectiveness. approaches from which to choose. term ‘‘Vegetable Protein Products,’’ we Why is FNS Proposing a Different Test However, the policies for crediting VPP are proposing the term ‘‘Alternate for Protein Quality? are not consistent among the various Protein Products’’ to indicate that menu planning approaches. Two such alternate protein products are no longer Currently, a Protein Efficiency Ratio approaches allow food based menu only vegetable-based. Under our (PER) is the only method for protein planning and two others employ proposal, APP may be derived from quality evaluation specified in our nutrient standard menu planning which animal sources such as whey-based regulations. We permitted use of other are based on nutrient analysis of menus. protein products. (Therefore, VPP will tests on an exception basis only if the Another option, proposed in a May 15, be referred to as APP for the remainder test provided similar information and 1998 rulemaking (63 FR 27162), would of the preamble.) results as the PER method. The PER permit schools to develop their own method was, at the time of publication Why is FNS Proposing to Eliminate the ‘‘reasonable approach’’ to menu of current regulations, in agreement Limit on the Amount of APP That may planning and will be available after with FDA’s prescribed method of be Used? publication of a final rule in 1999. determining protein quality. However, However, the limitations and crediting We are proposing to remove the in 1993, FDA revised its regulations to policies for VPP only apply to the food- requirement that APP be used only in require use of the Protein Digestibility based menu planning approaches. combination with meat, poultry and Corrected Amino Acid Score (PDCAAS) Schools using one of the nutrient seafood by eliminating the requirement for all ages except for infants. For standard menu planning approaches do that APP be no more than 30 percent (by children under one, PER remains the not have to apply the VPP provisions in weight) of the food item. The 30 percent best method. the Alternate Foods for Meals limitation was based on the best data In addition to being more accurate, provisions. This proposal will alleviate available at the time. That data efficient, and less costly, PDCAAS has these inconsistencies among the various indicated that alternate protein products generally been recognized as the most menu planning approaches. appeared to inhibit the absorption of appropriate for evaluating protein iron and other nutrients. quality. In order to achieve consistency Which Programs Would be Affected by Current expert opinion (Messina, with FDA regulations and to reflect the the Proposed Changes? Bothwell, Cook, et al.) is that moderate latest scientific advances, we are The current VPP provisions and the intakes of APP will not have a negative proposing that PDCAAS be our standard proposed changes apply to all CN affect on the levels of iron and other method of determining protein quality Programs. However, their greatest nutrients in the body. We also believe for APP. Should FDA accept or require

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.020 pfrm07 PsN: 20JYP1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules 38841 another test in the future, we will published by the Food and Drug We are also using this opportunity to update our regulations to reflect that Administration (FDA). These redraft the section on APP in Appendix change. regulations have since been withdrawn, A to each part in plain language as As we noted, the PER test is still the so we are removing any provisions directed by the Vice President. preferred method for determining related to the FDA regulations. Therefore, the paragraphs in each protein quality of APP for infants. We In order to assure that APP used in Appendix A on APP to each section are are not, however, requiring that the PER our programs meet the protein quality reorganized for clarity as well as test be conducted as our infant meal standards, we are proposing that amended to reflect the revisions pattern is based on specific foods, not manufacturers document that their discussed in this preamble. We would the more general food components. products meet the following appreciate comments on the format and Consequently, menu planners are requirements: unlikely to offer APP to infants. on other ways in which we can make 1. the APP is processed so that some this information more useful to those Will Protein Quality be Compromised? portion of the non-protein constituents who apply these provisions. of the food is removed; In considering possible changes to Executive Order 12866 current requirements, we were 2. the biological quality of the protein in the alternate protein product must be concerned about protein quality given This proposed rule has been the unrestricted levels of APP in food at least 80 percent that of casein, determined by performing a Protein determined to be non-significant and is items. There is general scientific not subject to review by the Office of agreement that protein quality need not Digestibility Corrected Amino Acid Score (PDCAAS); and Management and Budget under be a major concern, provided that fluid Executive Order 12866. milk continues to be a part of the CN 3. the APP contains at least 18 percent Programs. A study conducted by Reeds protein by weight when fully hydrated Public Law 104–4 and Stuff in 1993 compared meals with or formulated. several combinations of meat and plant- We are not specifying the form of Title II of the Unfunded Mandates based proteins. That study found both documentation required. For example, Reform Act of 1995 (UMRA), Pub. L. the protein and specific amino acid the manufacturer could provide 104–4, establishes requirements for contribution of meatless lunches that specification sheets, a letter attesting the Federal agencies to assess the effects of included milk was adequate. Since fluid requirements were met, or could put a their regulatory actions on State, local, milk continues to be a requirement for label on the product. While we want to and tribal governments and the private all menu planning approaches, we do assure that the APP used in our sector. Under section 202 of the UMRA, not believe that protein quality poses programs meet our nutritional the Food and Nutrition Service (FNS) any significant problems. standards, we do not want to impose a generally prepares a written statement, There is, however, a current burden on manufacturers to including a cost-benefit analysis, for proliferation of protein isolates being individually label their products unless proposed and final rules with ‘‘Federal developed by the food industry, some of they choose to do so. mandates’’ that may result in which may be very low in protein What APP Will Be Used in the CN expenditures to State, local, or tribal quality. Consequently, we intend to Programs? governments, in the aggregate, or to the maintain a requirement that protein Currently, the most widely used type private sector, of $100 million or more quality of an APP be determined in any one year. When such a statement through testing. Further, in order to of APP used in our programs are soy- based. Because this proposed rule will is needed for a rule, section 205 of the maintain protein quality, we are not UMRA generally requires FNS to proposing to change the requirement for increase the varieties of products that identify and consider a reasonable APP that the biological quality of the could be used, we are particularly number of regulatory alternatives and protein in the APP be at least 80 percent interested in learning what sorts of APP that of casein (milk protein). This is the are available and how they could be adopt the least costly, more cost- established benchmark for a high used in our programs as well as any effective or least burdensome alternative quality protein product. future trends for APP. This information that achieves the objectives of the rule. In the interests of further maintaining will assist us in developing any This proposed rule contains no protein quality, we are also retaining the guidance that may be needed for schools Federal mandates (under regulatory requirement that the protein content of and institutions on how APP can be provisions of Title II of the UMRA) for the fully hydrated APP be a minimum used to meet all or part of the meat/meat State, local, and tribal governments or of 18 percent by weight. We also alternate component of the food-based the private sector of $100 million or retained the requirement that the menu planning approaches. more in any one year. Thus, this equivalent of 18 percent protein be What Technical Amendments Are Being proposed rule is not subject to the provided for dry or partially hydrated Proposed? requirements of sections 202 and 205 of forms. The 18 percent protein the UMRA. requirement, use of a more accurate test The flexibility provided to school to determine the protein quality, and food authorities participating in the Regulatory Flexibility Act requiring a 80 percent PDCAAS score as NSLP under Appendix A, Alternate compared to casein for an acceptable Foods for Meals, Alternate Protein This proposed rule has been reviewed APP all combine to assure the quality of Products (formerly entitled ‘‘Vegetable with regard to the requirements of the the food items offered to participating Protein Products’’) (7 CFR part 210, Regulatory Flexibility Act (5 U.S.C. 601 children. Appendix A) has always been extended through 612). The Administrator of FNS to the School Breakfast Program. This has certified that this rule will not have How Will Schools and Institutions Know rule proposes to formalize this a significant economic impact on a if the APP Meet the Requirements? flexibility by adding to 7 CFR Part 220, substantial number of small entities. We currently require that VPP be Appendix A, a new section entitled First, there are relatively few companies labeled in accordance with regulations ‘‘Alternate Protein Products.’’

VerDate 18-JUN-99 16:26 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\20JYP1.XXX pfrm02 PsN: 20JYP1 38842 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules that supply alternate protein products to (7 CFR § 235.11(b)) must follow FNS requirements, Surplus agricultural the Child Nutrition Programs. Secondly, Administrative Review Process as commodities. removing the fortification requirement established pursuant to 7 CFR 7 CFR Part 220 eliminates the burden on manufacturers § 235.11(f). to develop and market a product In the Summer Food Service Program, Children, Food assistance programs, specially for use in the Child Nutrition the administrative procedures are set Grant programs-social programs, Programs. Lastly, menu planners would forth under the following regulations: Nutrition, Reporting and recordkeeping have greater flexibility to incorporate (1) program sponsors and food service requirements, School Breakfast Program. alternate protein products into their management companies must follow 7 CFR Part 225 menus along with the traditional protein State agency hearing procedures issued sources of meat, poultry and seafood. pursuant to 7 CFR § 225.13; and (2) Food and Nutrition, Food assistance programs, Grant programs-health, Executive Order 12372 disputes involving procurement by State agencies and sponsors must follow Infants and children, Labeling, The National School Lunch Program administrative appeal procedures to the Reporting and recordkeeping and the School Breakfast Program are extent required by 7 CFR § 225.17 and requirements. listed in the Catalog of Federal Domestic 7 CFR Part 3015. 7 CFR Part 226 Assistance under Nos. 10.555 and In the Child and Adult Care Food 10.553, respectively. The Child and Program, the administrative procedures Accounting, Aged, Day care, Food and Adult Care Food Program and the are set forth under the following Nutrition Service, Food assistance Summer Food Service Program are regulations: (1) institution appeal programs, Grant programs, Grant listed under Nos. 10.558 and No. procedures in 7 CFR § 226.6(k); and (2) programs—health, Indians, Individuals 10.559, respectively. Each is subject to disputes involving procurement by State with disabilities, Infants and children, the provisions of Executive Order 12372 agencies and institutions must follow Intergovernmental relations, Loan which requires intergovernmental administrative appeal procedures to the programs, Reporting and recordkeeping consultation with State and local extent required by 7 CFR § 226.22 and requirements, Surplus agricultural officials. (7 CFR Part 3015, Subpart V 7 CFR 3015. commodities. and final rule related notice at 48 FR Accordingly, 7 CFR Parts 210, 220, 29112, June 24, 1983.) Paperwork Reduction Act 225 and 226 are proposed to be Executive Order 12988 This proposed rule contains no new amended as follows: paperwork burdens or information This proposed rule has been reviewed collection requirements which are PART 210ÐNATIONAL SCHOOL under Executive Order 12988, Civil LUNCH PROGRAM Justice Reform. This proposed rule is subject to review by the Office of intended to have preemptive effect with Management and Budget under the 1. The authority citation for 7 CFR respect to any State or local laws, Paperwork Reduction Act of 1995 (44 part 210 continues to read as follows: U.S.C. 3507). regulations or policies which conflict Authority: 42 U.S.C. 1751–1760, 1779. with its provisions or which would References/Sources 2. In § 210.10, amend the first otherwise impede its full 1. Vernon R. Young; ‘‘Soy Protein in sentence of paragraph (k)(3)(i) by implementation. This proposed rule is Relation to Human Protein and Amino Acid removing the words ‘‘Vegetable protein not intended to have retroactive effect Nutrition’’; Journal of the American Dietetic products’’ and adding the words unless so specified in the EFFECTIVE Association; 1991. ‘‘Alternate protein products’’ in their DATE section of this preamble. Prior to 2. Peter Reeds, Janice Stuff; ‘‘Protein place. any judicial challenge to the provisions Quality and Amino Acid Requirements of 3. In § 210.10a, amend the first of this proposed rule or the application Children’’; USDA/ARS Children’s Nutrition sentence of paragraph (d)(2)(i) by of the provisions, all applicable Research Center; 1993. 3. Joanne Slavin; ‘‘Nutritional Benefits of removing the words ‘‘Vegetable protein administrative procedures must be products’’ and adding the words exhausted. This includes any Soy Protein and Soy Fiber’’; Journal of the American Dietetic Association; 1991. ‘‘Alternate protein products’’ in their administrative procedures provided by 4. Mark Messina, Virginia Messina; place. State or local governments and, for SoyFacts, Soy Foods and Iron; Number 6. 4. In Appendix A to part 210, entitled disputes involving procurements by 5. T. H. Bothwell, F. M. Clydesdale, J. D. Alternate Foods for Meals, revise the State agencies and sponsors, any Cook et al; Report of the International undesignated centerheading ‘‘Enriched administrative appeal procedures to the Nutritional Anemia Consultative Group Macaroni Products with Fortified extent required by 7 CFR Part 3016. (INACG); Nutrition Foundation, Washington, Protein’’ to read ‘‘I. Enriched Macaroni DC. In the National School Lunch Program Products with Fortified Protein.’’ and School Breakfast Program, the 6. J. D. Cook; ‘‘Adaptation in Iron Metabolism’’; American Journal of Clinical 5. In Appendix A to part 210, entitled administrative procedures are set forth Alternate Foods for Meals, revise the under the following regulations: (1) Nutrition; 1990. 1. The Soy Connection. Health and section entitled ‘‘Vegetable Protein school food authority appeals of State Products’’ to read as follows: agency findings as a result of an Nutrition News about Soy; Volume 1, administrative review must follow State Number 3; United Soybean Board, Appendix A to Part 210—Alternate agency hearing procedures as Chesterfield, MO, 63017. Foods for Meals established pursuant to 7 CFR List of Subjects * * * * * § 210.18(q); (2) school food authority appeals of FNS findings as a result of an 7 CFR Part 210 II. Alternate Protein Products administrative review must follow FNS Children, Commodity School A. What are the Criteria for Alternate Protein hearing procedures as established Program, Food assistance programs, Products (APP) Used in the National School pursuant to 7 CFR § 210.30(d)(3); and (3) Grants programs-social programs, Lunch Program? State agency appeals of State National School Lunch Program, 1. An alternate protein product used in Administrative Expense fund sanctions Nutrition, Reporting and recordkeeping meals planned under the food-based menu

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The alternate protein product must be otherwise noted. following terms and conditions apply: processed so that some portion of the non- a. The alternate protein product may be protein constituents of the food is removed. 2. In Appendix A to part 220, entitled used alone or in combination with other food These alternate protein products must be safe Alternate Foods for Meals, revise the ingredients. Examples of combination items and suitable edible products produced from undesignated centerheading are beef patties, beef crumbles, pizza topping, plant or animal sources. meat loaf, meat sauce, taco filling, burritos, b. The biological quality of the protein in ‘‘Formulated Grain-Fruit Products’’ to and tuna salad. the alternate protein product must be at least read ‘‘I. Formulated Grain-Fruit b. Alternate protein products may be used 80 percent that of casein, determined by Products’’. in the dry form (nonhydrated), partially performing a Protein Digestibility Corrected 3. Add a new section to Appendix A hydrated or fully hydrated form. The Amino Acid Score (PDCAAS). c. The alternate protein product must of part 220 entitled, ‘‘II. Alternate moisture content of the fully hydrated contain at least 18 percent protein by weight Protein Products’’ following the table at alternate protein product (if prepared from a when fully hydrated or formulated. (‘‘When the end of the Appendix to read as dry concentrated form) must be such that the hydrated or formulated’’ refers to a dry follows: mixture will have a minimum of 18 percent alternate protein product and the amount of protein by weight or equivalent amount for water, fat, oil, colors, flavors or any other Appendix A to Part 220—Alternate the dry or partially hydrated form (based on substances which have been added). Foods for Meals the level that would be provided if the product were fully hydrated). d. Manufacturers supplying an alternate * * * * * protein product to participating schools or C. How are Commercially Prepared Products institutions must provide documentation that II. Alternate Protein Products used in the National School Breakfast the product meets the criteria in paragraphs Program? a. through c above. A. What are the Criteria for Alternate Protein Schools, institutions, and service e. Manufacturers should provide Products (APP) Used in the National School institutions may use a commercially information on the percent protein contained Breakfast Program? prepared meat, poultry or seafood product in the dry alternate protein product and on 1. An alternate protein product used in combined with alternate protein products or an as prepared basis. meals planned under the food-based menu use a commercially prepared product that f. For an alternate protein product mix, planning approaches in § 220.8(g) or § 220.8a, contains only alternate protein products. manufacturers provide information on: whichever is applicable, must meet all of the (1) the amount by weight of dry alternate criteria in this section. * * * * * protein product in the package; 2. An alternate protein product whether (2) hydration instructions; and used alone or in combination with meat, PART 225-SUMMER FOOD SERVICE (3) instructions on how to combine the mix poultry or seafood must meet the following PROGRAM with meat, poultry or seafood. criteria: 1. The authority citation for 7 CFR B. How are Alternate Protein Poducts Used a. The alternate protein product must be Part 225 continues to read as follows: in the National School Lunch Program? processed so that some portion of the non- protein constituents of the food is removed. Authority: Secs. 9, 13 and 14, National 1. Schools, institutions, and service These alternate protein products must be safe School Lunch Act, as amended (42 U.S.C. institutions may use alternate protein 1758, 1761 and 1762a). products to fulfill all or part of the meat/meat and suitable edible products produced from alternate component discussed in § 210.10 or plant or animal sources. 2. In 225.16, amend the first sentence § 210.10a, whichever is applicable. b. The biological quality of the protein in of paragraph (f)(3) by removing the 2. The following terms and conditions the alternate protein product must be at least words ‘‘Textured vegetable’’ and adding apply: 80 percent that of casein, determined by the word ‘‘alternate’’ in their place. a. The alternate protein product may be performing a Protein Digestibility Corrected 3. Revise Appendix A to Part 225, used alone or in combination with other food Amino Acid Score (PDCAAS). entitled Alternate Foods for Meals, to ingredients. Examples of combination items c. The alternate protein product must read as follows: are beef patties, beef crumbles, pizza topping, contain at least 18 percent protein by weight meat loaf, meat sauce, taco filling, burritos, when fully hydrated or formulated. (‘‘When Appendix A to Part 225—Alternate and tuna salad. hydrated or formulated’’ refers to a dry Foods for Meals b. Alternate protein products may be used alternate protein product and the amount of in the dry form (nonhydrated), partially water, fat, oil, colors, flavors or any other Alternate Protein Products hydrated or fully hydrated form. The substances which have been added). A. What are the Criteria for Alternate Protein moisture content of the fully hydrated d. Manufacturers supplying an alternate Products (APP) Used in the Summer Food alternate protein product (if prepared from a protein product to participating schools or Service Program? dry concentrated form) must be such that the institutions must provide documentation that mixture will have a minimum of 18 percent 1. An alternate protein product used in the product meets the criteria in paragraphs meals planned under the provisions in protein by weight or equivalent amount for a through c above. the dry or partially hydrated form (based on § 225.16 must meet all of the criteria in this e. Manufacturers should provide the level that would be provided if the section. information on the percent protein contained product were fully hydrated). 2. An alternate protein product whether in the dry alternate protein product and on used alone or in combination with meat, C. How are Commercially Prepared Products an as prepared basis. poultry or seafood must meet the following Used in the National School Lunch Program? f. For an alternate protein product mix, criteria: Schools, institutions, and service manufacturers provide information on: a. The alternate protein product must be institutions may use a commercially (1) the amount by weight of dry alternate processed so that some portion of the non- prepared meat, poultry or seafood product protein product in the package; protein constituents of the food is removed. combined with alternate protein products or (2) hydration instructions; and These alternate protein products must be safe use a commercially prepared product that (3) instructions on how to combine the mix and suitable edible products produced from contains only alternate protein products. with meat, poultry or seafood. plant or animal sources.

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b. The biological quality of the protein in Appendix A to Part 226—Alternate C. How are Commercially Prepared the alternate protein product must be at least Foods for Meals Products Used in the Child and Adult 80 percent that of casein, determined by Care Food Program? performing a Protein Digestibility Corrected Alternate Foods for Meals Schools, institutions, and service Amino Acid Score (PDCAAS). A. What are the Criteria for Alternate Protein c. The alternate protein product must institutions may use a commercially Products (APP) Used in the Child and Adult prepared meat, poultry or seafood contain at least 18 percent protein by weight Care Food Program? when fully hydrated or formulated. (‘‘When product combined with alternate hydrated or formulated’’ refers to a dry 1. An alternate protein product used in protein products or use a commercially alternate protein product and the amount of meals planned under the provisions in prepared product that contains only water, fat, oil, colors, flavors or any other § 226.20 must meet all of the criteria in this alternate protein products. substances which have been added). section. d. Manufacturers supplying an alternate 2. An alternate protein product whether Dated: July 14, 1999. protein product to participating schools or used alone or in combination with meat, Samuel Chambers, Jr., institutions must provide documentation that poultry or seafood must meet the following Administrator, Food and Nutrition Service. the product meets the criteria in paragraphs criteria: [FR Doc. 99–18433 Filed 7–19–99; 8:45 am] a. The alternate protein product must be a through c above. BILLING CODE 3410±30±P e. Manufacturers should provide processed so that some portion of the non- information on the percent protein contained protein constituents of the food is removed. These alternate protein products must be safe in the dry alternate protein product and on DEPARTMENT OF TRANSPORTATION an as prepared basis. and suitable edible products produced from f. For an alternate protein product mix, plant or animal sources. Federal Aviation Administration manufacturers provide information on: b. The biological quality of the protein in (1) the amount by weight of dry alternate the alternate protein product must be at least 14 CFR Part 39 protein product in the package; 80 percent that of casein, determined by (2) hydration instructions; and performing a Protein Digestibility Corrected [Docket No. 99±NM±92±AD] (3) instructions on how to combine the mix Amino Acid Score (PDCAAS). RIN 2120±AA64 with meat, poultry or seafood. c. The alternate protein product must contain at least 18 percent protein by weight B. How are Alternate Protein Products Used Airworthiness Directives; Bombardier in the Summer Food Service Program? when fully hydrated or formulated. (‘‘When Model CL±600±2B19 (Regional Jet hydrated or formulated’’ refers to a dry Series 100) Series Airplanes 1. Schools, institutions, and service alternate protein product and the amount of institutions may use alternate protein water, fat, oil, colors, flavors or any other AGENCY: Federal Aviation products to fulfill all or part of the meat/meat substances which have been added). Administration, DOT. alternate component discussed in § 225.20. d. Manufacturers supplying an alternate ACTION: Notice of proposed rulemaking 2. The following terms and conditions protein product to participating schools or (NPRM). apply: institutions must provide documentation that a. The alternate protein product may be the product meets the criteria in paragraphs SUMMARY: This document proposes the used alone or in combination with other food a through c above. adoption of a new airworthiness ingredients. Examples of combination items e. Manufacturers should provide directive (AD) that is applicable to are beef patties, beef crumbles, pizza topping, information on the percent protein contained certain Bombardier Model CL–600– meat loaf, meat sauce, taco filling, burritos, in the dry alternate protein product and on and tuna salad. 2B19 (Regional Jet Series 100) series an as prepared basis. airplanes. This proposal would require b. Alternate protein products may be used f. For an alternate protein product mix, in the dry form (nonhydrated), partially removal of the insulation blankets manufacturers provide information on: hydrated or fully hydrated form. The surrounding the emergency overwing (1) the amount by weight of dry alternate moisture content of the fully hydrated exit hatches. This proposal is prompted protein product in the package; alternate protein product (if prepared from a (2) hydration instructions; and by issuance of mandatory continuing dry concentrated form) must be such that the (3) instructions on how to combine the mix airworthiness information by a foreign mixture will have a minimum of 18 percent with meat, poultry or seafood. civil airworthiness authority. The protein by weight or equivalent amount for actions specified by the proposed AD the dry or partially hydrated form (based on B. How are Alternate Protein Products Used are intended to prevent the freezing of the level that would be provided if the in the Child and Adult Care Food Program? moisture entrapped in the fiberglass/ product were fully hydrated). 1. Schools, institutions, and service foam insulation installed on the fuselage C. How are Commercially Prepared Products institutions may use alternate protein structure between the overwing exit Used in the Summer Food Service Program? products to fulfill all or part of the meat/meat door and the fuselage door frame and Schools, institutions, and service alternate component discussed in § 226.20. intercostal, which could interfere with institutions may use a commercially 2. The following terms and conditions the opening of the overwing emergency apply: prepared meat, poultry or seafood product exit hatches during an emergency combined with alternate protein products or a. The alternate protein product may be used alone or in combination with other food evacuation of the airplane. use a commercially prepared product that DATES: Comments must be received by contains only alternate protein products. ingredients. Examples of combination items are beef patties, beef crumbles, pizza topping, August 19, 1999. PART 226ÐCHILD AND ADULT CARE meat loaf, meat sauce, taco filling, burritos, ADDRESSES: Submit comments in FOOD PROGRAM and tuna salad. triplicate to the Federal Aviation b. Alternate protein products may be used Administration (FAA), Transport 1. The authority citation for 7 CFR in the dry form (nonhydrated), partially Airplane Directorate, ANM–114, hydrated or fully hydrated form. The 225 continues to read: Attention: Rules Docket No. 99–NM– moisture content of the fully hydrated 92–AD, 1601 Lind Avenue, SW., Authority: Secs. 9, 11, 14, 16, and 17, alternate protein product (if prepared from a National School Lunch Act, as amended (42 dry concentrated form) must be such that the Renton, Washington 98055–4056. U.S.C. 1758, 1759a, 1762a, 1765, and 1766). mixture will have a minimum of 18 percent Comments may be inspected at this protein by weight or equivalent amount for location between 9 a.m. and 3 p.m., 2. Revise Appendix A to Part 226, the dry or partially hydrated form (based on Monday through Friday, except Federal entitled Alternate Foods for Meals, to the level that would be provided if the holidays. The service information read as follows: product were fully hydrated). referenced in the proposed rule may be

VerDate 18-JUN-99 16:30 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\20JYP1.XXX pfrm02 PsN: 20JYP1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules 38845 obtained from Bombardier, Inc., Discussion type design registered in the United Canadair, Aerospace Group, P.O. Box Transport Canada Aviation (TCA), States, the proposed AD would require 6087, Station Centre-ville, Montreal, which is the airworthiness authority for accomplishment of the actions specified Quebec H3C 3G9, Canada. This Canada, recently notified the FAA that in the alert service bulletin described information may be examined at the an unsafe condition may exist on certain previously. FAA, Transport Airplane Directorate, Bombardier Model CL–600–2B19 Cost Impact 1601 Lind Avenue, SW., Renton, (Regional Jet Series 100) series Washington or at the FAA, Engine and airplanes. TCA advises that, during The FAA estimates that 157 airplanes Propeller Directorate, New York Aircraft airplane maintenance that was carried of U.S. registry would be affected by this Certification Office, 10 Fifth Street, out within approximately one hour of proposed AD, that it would take Third Floor, Valley Stream, New York. the last flight of the day, an operator approximately 3 work hours per airplane to accomplish the proposed FOR FURTHER INFORMATION CONTACT: experienced problems removing the actions, and that the average labor rate Paolo Farina, Aerospace Engineer, emergency overwing exit hatches on is $60 per work hour. Based on these Systems and Flight Test Branch, ANE– three Model CL–600–2B19 series figures, the cost impact of the proposed 172, FAA, Engine and Propeller airplanes. An investigation revealed that AD on U.S. operators is estimated to be Directorate, New York Aircraft the problem was due to the freezing of $28,260, or $180 per airplane. Certification Office, 10 Fifth Street, moisture in the fiberglass/foam Third Floor, Valley Stream, New York insulation installed on the fuselage The cost impact figure discussed 11581; telephone (516) 256–7530; fax structure between the overwing exit above is based on assumptions that no (516) 568–2716. door and the fuselage door frame and operator has yet accomplished any of intercostal. This condition, if not the proposed requirements of this AD SUPPLEMENTARY INFORMATION: corrected, could prevent the opening of action, and that no operator would the emergency overwing exit hatches accomplish those actions in the future if Comments Invited during an emergency evacuation of the this AD were not adopted. aircraft. Interested persons are invited to Regulatory Impact participate in the making of the Explanation of Relevant Service The regulations proposed herein proposed rule by submitting such Information written data, views, or arguments as would not have substantial direct effects they may desire. Communications shall Bombardier has issued Canadair on the States, on the relationship identify the Rules Docket number and Regional Jet Alert Service Bulletin S.B. between the national government and be submitted in triplicate to the address A601R–25–152, Revision ‘A,’ dated the States, or on the distribution of February 25, 1999, which describes specified above. All communications power and responsibilities among the procedures for removal of the insulation received on or before the closing date various levels of government. Therefore, blankets surrounding the emergency for comments, specified above, will be in accordance with Executive Order overwing exit hatches. Accomplishment considered before taking action on the 12612, it is determined that this of the actions specified in the alert proposed rule. The proposals contained proposal would not have sufficient service bulletin is intended to in this notice may be changed in light federalism implications to warrant the adequately address the identified unsafe of the comments received. preparation of a Federalism Assessment. condition. TCA classified this alert Comments are specifically invited on For the reasons discussed above, I service bulletin as mandatory and certify that this proposed regulation (1) the overall regulatory, economic, issued Canadian airworthiness directive environmental, and energy aspects of is not a ‘‘significant regulatory action’’ CF–99–01, dated February 9, 1999, in under Executive Order 12866; (2) is not the proposed rule. All comments order to assure the continued a ‘‘significant rule’’ under the DOT submitted will be available, both before airworthiness of these airplanes in Regulatory Policies and Procedures (44 and after the closing date for comments, Canada. in the Rules Docket for examination by FR 11034, February 26, 1979); and (3) if interested persons. A report FAA’s Conclusions promulgated, will not have a significant summarizing each FAA-public contact This airplane model is manufactured economic impact, positive or negative, concerned with the substance of this in Canada and is type certificated for on a substantial number of small entities proposal will be filed in the Rules operation in the United States under the under the criteria of the Regulatory Docket. provisions of section 21.29 of the Flexibility Act. A copy of the draft Federal Aviation Regulations (14 CFR regulatory evaluation prepared for this Commenters wishing the FAA to 21.29) and the applicable bilateral action is contained in the Rules Docket. acknowledge receipt of their comments airworthiness agreement. Pursuant to A copy of it may be obtained by submitted in response to this notice this bilateral airworthiness agreement, contacting the Rules Docket at the must submit a self-addressed, stamped TCA has kept the FAA informed of the location provided under the caption postcard on which the following situation described above. The FAA has ADDRESSES. statement is made: ‘‘Comments to examined the findings of TCA, reviewed Docket Number 99–NM–92–AD.’’ The List of Subjects in 14 CFR Part 39 all available information, and postcard will be date stamped and determined that AD action is necessary Air transportation, Aircraft, Aviation returned to the commenter. for products of this type design that are safety, Safety. Availability of NPRMs certificated for operation in the United The Proposed Amendment States. Any person may obtain a copy of this Accordingly, pursuant to the NPRM by submitting a request to the Explanation of Requirements of authority delegated to me by the FAA, Transport Airplane Directorate, Proposed Rule Administrator, the Federal Aviation ANM–114, Attention: Rules Docket No. Since an unsafe condition has been Administration proposes to amend part 99–NM–92–AD, 1601 Lind Avenue, identified that is likely to exist or 39 of the Federal Aviation Regulations SW., Renton, Washington 98055–4056. develop on other airplanes of the same (14 CFR part 39) as follows:

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.012 pfrm07 PsN: 20JYP1 38846 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules

PART 39ÐAIRWORTHINESS Note 3: Information concerning the Monday through Friday, except Federal DIRECTIVES existence of approved alternative methods of holidays. compliance with this AD, if any, may be The service information referenced in 1. The authority citation for part 39 obtained from the New York ACO. the proposed rule may be obtained from continues to read as follows: Special Flight Permits Air Cruisers Company, Technical Authority: 49 U.S.C. 106(g), 40113, 44701. (c) Special flight permits may be issued in Publications Department, P.O. Box 180, accordance with sections 21.197 and 21.199 Belmar, New Jersey 07719–0180. This § 39.13 [Amended] of the Federal Aviation Regulations (14 CFR information may be examined at the FAA, Transport Airplane Directorate, 2. Section 39.13 is amended by 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD 1601 Lind Avenue, SW., Renton, adding the following new airworthiness can be accomplished. Washington. directive: Note 4: The subject of this AD is addressed FOR FURTHER INFORMATION CONTACT: Bombardier, Inc. (Formerly Canadair): in Canadian airworthiness directive CF–99– Keith Ladderud, Aerospace Engineer, Docket 99–NM–92–AD. 01, dated February 9, 1999. Airframe Branch, ANM–120S, FAA, Applicability: Model CL–600–2B19 Issued in Renton, Washington, on July 14, Transport Airplane Directorate, Seattle (Regional Jet Series 100) series airplanes, 1999. Aircraft Certification Office, 1601 Lind serial numbers 7003 through 7067 inclusive D.L. Riggin, and 7069 through 7292 inclusive; certificated Avenue, SW., Renton, Washington in any category. Acting Manager, Transport Airplane 98055–4056; telephone (425) 227–2780; Directorate, Aircraft Certification Service. Note 1: This AD applies to each airplane fax (425) 227–1181. identified in the preceding applicability [FR Doc. 99–18413 Filed 7–19–99; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4910±13±U provision, regardless of whether it has been Comments Invited modified, altered, or repaired in the area subject to the requirements of this AD. For Interested persons are invited to airplanes that have been modified, altered, or DEPARTMENT OF TRANSPORTATION participate in the making of the repaired so that the performance of the proposed rule by submitting such requirements of this AD is affected, the Federal Aviation Administration written data, views, or arguments as owner/operator must request approval for an they may desire. Communications shall 14 CFR Part 39 alternative method of compliance in identify the Rules Docket number and accordance with paragraph (b) of this AD. be submitted in triplicate to the address The request should include an assessment of [Docket No. 99±NM±89±AD] specified above. All communications the effect of the modification, alteration, or RIN 2120±AA64 repair on the unsafe condition addressed by received on or before the closing date for comments, specified above, will be this AD; and, if the unsafe condition has not Airworthiness Directives; Boeing considered before taking action on the been eliminated, the request should include Model 757±200 and ±300 Series specific proposed actions to address it. proposed rule. The proposals contained Airplanes Compliance: Required as indicated, unless in this notice may be changed in light accomplished previously. AGENCY: Federal Aviation of the comments received. To prevent the freezing of moisture Administration, DOT. Comments are specifically invited on entrapped in the fiberglass/foam insulation the overall regulatory, economic, installed on the fuselage structure between ACTION: Notice of proposed rulemaking (NPRM). environmental, and energy aspects of the overwing exit door and the fuselage door the proposed rule. All comments frame and intercostal, which could interfere with the opening of the overwing emergency SUMMARY: This document proposes the submitted will be available, both before exit hatches during an emergency evacuation adoption of a new airworthiness and after the closing date for comments, of the airplane, accomplish the following: directive (AD) that is applicable to in the Rules Docket for examination by (a) Within 100 flight hours or 30 days after certain Boeing Model 757–200 and –300 interested persons. A report the effective date of this AD, whichever series airplanes. This proposal would summarizing each FAA-public contact occurs first, remove the insulation blankets require modification of the slide/raft concerned with the substance of this surrounding the emergency overwing exit evacuation system by installing a girt proposal will be filed in the Rules hatches in accordance with Canadair reinforcement chafing patch. This Docket. Regional Jet Alert Service Bulletin S.B. proposal is prompted by reports of holes Commenters wishing the FAA to A601R–25–152, Revision ‘A,’ dated February acknowledge receipt of their comments 25, 1999. in the inflatable area of the slide/raft evacuation system. The actions submitted in response to this notice Note 2: Removal of the insulation blankets must submit a self-addressed, stamped surrounding the emergency overwing exit specified by the proposed AD are hatches accomplished in accordance with intended to prevent holes in the postcard on which the following Canadair Regional Jet Alert Service Bulletin inflatable portion of the slide/raft statement is made: ‘‘Comments to S.B. A601R–25–152, dated December 26, evacuation system, which could result Docket Number 99–NM–89–AD.’’ The 1998, prior to the effective date of this AD, in the slide/raft being unusable as a raft postcard will be date stamped and is considered acceptable for compliance with during an emergency water landing. returned to the commenter. paragraph (a) of this AD. DATES: Comments must be received by Availability of NPRMs Alternative Methods of Compliance September 3, 1999. Any person may obtain a copy of this (b) An alternative method of compliance or ADDRESSES: Submit comments in NPRM by submitting a request to the adjustment of the compliance time that triplicate to the Federal Aviation FAA, Transport Airplane Directorate, provides an acceptable level of safety may be Administration (FAA), Transport ANM–114, Attention: Rules Docket No. used if approved by the Manager, New York Airplane Directorate, ANM–114, Aircraft Certification Office (ACO), FAA, 99–NM–89–AD, 1601 Lind Avenue, Engine and Propeller Directorate. Operators Attention: Rules Docket No. 99–NM– SW., Renton, Washington 98055–4056. 89–AD, 1601 Lind Avenue, SW., shall submit their requests through an Discussion appropriate FAA Principal Maintenance Renton, Washington 98055–4056. Inspector, who may add comments and then Comments may be inspected at this The FAA has received reports of holes send it to the Manager, New York ACO. location between 9 a.m. and 3 p.m., in the inflatable portion of certain slide/

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.013 pfrm07 PsN: 20JYP1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules 38847 raft evacuation systems on Boeing urgency associated with addressing the For the reasons discussed above, I Model 757–200 and –300 series subject unsafe condition, the average certify that this proposed regulation (1) airplanes. The holes result from chafing utilization of the affected fleet, and the Is not a ‘‘significant regulatory action’’ of the slide/raft on a bracket harness time necessary to perform the under Executive Order 12866; (2) is not assembly used to attach the system to modification (5 hours per airplane). In a ‘‘significant rule’’ under the DOT the aircraft door. This condition, if not light of all of these factors, the FAA Regulatory Policies and Procedures (44 corrected, could result in the slide/raft finds a 36-month compliance time for FR 11034, February 26, 1979); and (3) if being unusable as a raft during an initiating the required actions to be promulgated, will not have a significant emergency water landing. warranted, in that it represents an economic impact, positive or negative, Explanation of Relevant Service appropriate interval of time allowable on a substantial number of small entities Information for affected airplanes to continue to under the criteria of the Regulatory operate without compromising safety. Flexibility Act. A copy of the draft The FAA has reviewed and approved regulatory evaluation prepared for this Cost Impact Air Cruisers Company Service Bulletin action is contained in the Rules Docket. 757–105–25–51, dated January 29, 1999, There are approximately 445 A copy of it may be obtained by which describes procedures for airplanes of the affected design in the contacting the Rules Docket at the modifying the slide/raft evacuation worldwide fleet. The FAA estimates that location provided under the caption system by installing a girt reinforcement 310 airplanes of U.S. registry would be ADDRESSES. patch in the area prone to chafing affected by this proposed AD, that it List of Subjects in 14 CFR Part 39 against the bracket harness assembly. would take approximately 5 work hours Accomplishment of the actions per airplane to accomplish the proposed Air transportation, Aircraft, Aviation specified in the service bulletin is modification, and that the average labor safety, Safety. intended to adequately address the rate is $60 per work hour. Required identified unsafe condition. parts would cost approximately $145 The Proposed Amendment Explanation of Requirements of per airplane. Based on these figures, the Accordingly, pursuant to the Proposed Rule cost impact of the proposed AD on U.S. authority delegated to me by the Since an unsafe condition has been operators is estimated to be $137,950, or Administrator, the Federal Aviation identified that is likely to exist or $445 per airplane. Administration proposes to amend part develop on other products of this same The cost impact figure discussed 39 of the Federal Aviation Regulations type design, the proposed AD would above is based on assumptions that no (14 CFR part 39) as follows: require accomplishment of the actions operator has yet accomplished any of specified in the service bulletin the proposed requirements of this AD PART 39ÐAIRWORTHINESS described previously, except as action, and that no operator would DIRECTIVES discussed below. accomplish those actions in the future if this AD were not adopted. 1. The authority citation for part 39 Differences Between the Proposed Rule continues to read as follows: Regulatory Impact and Service Bulletin Authority: 49 U.S.C. 106(g), 40113, 44701. Operators should note that this The regulations proposed herein proposed AD would require would not have substantial direct effects § 39.13 [Amended] modification of the slide/raft within 36 on the States, on the relationship 2. Section 39.13 is amended by months after the effective date of this between the national government and adding the following new airworthiness AD. The service bulletin recommends the States, or on the distribution of directive: that this action should be accomplished, power and responsibilities among the Boeing: Docket 99–NM–89–AD. ‘‘* * * at the next regular scheduled various levels of government. Therefore, Applicability: Model 757–200 and –300 maintenance to the equipment.’’ In in accordance with Executive Order series airplanes, equipped with Air Cruisers developing an appropriate compliance 12612, it is determined that this Company slide/raft evacuation systems time for this AD, the FAA considered proposal would not have sufficient having part and serial numbers identified in not only the manufacturer’s federalism implications to warrant the Table 1 of this AD; certificated in any recommendation, but the degree of preparation of a Federalism Assessment. category. Table 1.ÐAir Cruisers Company Slide/Raft Evacuation Systems Subject to this AD

Name Part No. Serial Nos.

Air Cruisers ...... D30657±( ) Prior to 1132. Air Cruisers ...... D30658±( ) Prior to 0859. Air Cruisers ...... D30659±( ) Prior to 0860. Air Cruisers ...... 61570±( ) Prior to 0321. Air Cruisers ...... 61475±( ) Prior to 0137. Air Cruisers ...... 61475±( ) 0138, 0139.

Note 1: This AD applies to each airplane requirements of this AD is affected, the this AD; and, if the unsafe condition has not identified in the preceding applicability owner/operator must request approval for an been eliminated, the request should include provision, regardless of whether it has been alternative method of compliance in specific proposed actions to address it. modified, altered, or repaired in the area accordance with paragraph (c) of this AD. Compliance: Required as indicated, unless subject to the requirements of this AD. For The request should include an assessment of accomplished previously. airplanes that have been modified, altered, or the effect of the modification, alteration, or To prevent holes in the inflatable portion repaired so that the performance of the repair on the unsafe condition addressed by of the slide/raft evacuation system, which

VerDate 18-JUN-99 16:26 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\20JYP1.XXX pfrm02 PsN: 20JYP1 38848 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules could result in the slide/raft being unusable new cover assembly, associated new in the Rules Docket for examination by as a raft during an emergency water landing, drain and vent pipework, and a new interested persons. A report accomplish the following: electrical harness on the trimmable summarizing each FAA-public contact (a) Within 36 months after the effective horizontal stabilizer for the fuel tank concerned with the substance of this date of this AD, modify the slide/raft proposal will be filed in the Rules evacuation system in accordance with Air water scavenge motive pump. This Cruisers Company Service Bulletin 757–105– proposal is prompted by issuance of Docket. 25–51, dated January 29, 1999. mandatory continuing airworthiness Commenters wishing the FAA to (b) As of the effective date of this AD, no information by a foreign civil acknowledge receipt of their comments person shall install a slide/raft evacuation airworthiness authority. The actions submitted in response to this notice system having a part number and serial specified by the proposed AD are must submit a self-addressed, stamped number identified in Table 1 of this AD, on intended to prevent fuel leakage from postcard on which the following any airplane, unless that slide/raft evacuation the seal of the water scavenge pumps, statement is made: ‘‘Comments to system has been modified in accordance with which, if not corrected, could result in Docket Number 99–NM–08–AD.’’ The Air Cruisers Company Service Bulletin 757– postcard will be date stamped and 105–25–51, dated January 29, 1999. leakage of fuel into fuselage areas not designed for fuel, and consequent returned to the commenter. Alternative Methods of Compliance potential for fuel to be in contact with Availability of NPRMs (c) An alternative method of compliance or a fuel ignition source. Any person may obtain a copy of this adjustment of the compliance time that DATES: Comments must be received by NPRM by submitting a request to the provides an acceptable level of safety may be August 19, 1999. used if approved by the Manager, Seattle FAA, Transport Airplane Directorate, Aircraft Certification Office (ACO), FAA, ADDRESSES: Submit comments in ANM–114, Attention: Rules Docket No. Transport Airplane Directorate. Operators triplicate to the Federal Aviation 99–NM–08–AD, 1601 Lind Avenue, shall submit their requests through an Administration (FAA), Transport SW., Renton, Washington 98055–4056. appropriate FAA Principal Maintenance Airplane Directorate, ANM–114, Inspector, who may add comments and then Attention: Rules Docket No. 99–NM– Discussion send it to the Manager, Seattle ACO. 08–AD, 1601 Lind Avenue, SW., The Direction Ge´ne´rale de l’Aviation Note 2: Information concerning the Renton, Washington 98055–4056. Civile (DGAC), which is the existence of approved alternative methods of Comments may be inspected at this airworthiness authority for France, compliance with this AD, if any, may be location between 9:00 a.m. and 3:00 notified the FAA that an unsafe obtained from the Seattle ACO. p.m., Monday through Friday, except condition may exist on certain Airbus Special Flight Permits Federal holidays. Model A310–300 and A300–600R series (d) Special flight permits may be issued in The service information referenced in airplanes. The DGAC advises that it has accordance with sections 21.197 and 21.199 the proposed rule may be obtained from received reports of excessive water and of the Federal Aviation Regulations (14 CFR Airbus Industrie, 1 Rond Point Maurice ice build-up in the fuel tanks, 21.197 and 21.199) to operate the airplane to Bellonte, 31707 Blagnac Cedex, France. particularily in the trim tank and inner a location where the requirements of this AD This information may be examined at tanks. This was occurring increasingly can be accomplished. the FAA, Transport Airplane during extended twin engine operations Issued in Renton, Washington, on July 14, Directorate, 1601 Lind Avenue, SW., (ETOPS), when turn around times were 1999. Renton, Washington. short, and water drainage was D.L. Riggin, FOR FURTHER INFORMATION CONTACT: ineffective due to frozen drain valves. Acting Manager, Transport Airplane Norman B. Martenson, Manager, In an attempt to reduce the need for Directorate, Aircraft Certification Service. International Branch, ANM–116, FAA, manual sumping of the tanks, a water [FR Doc. 99–18412 Filed 7–19–99; 8:45 am] Transport Airplane Directorate, 1601 scavenge system was developed. The BILLING CODE 4910±13±U Lind Avenue, SW., Renton, Washington scavenge system is powered by a 98055–4056; telephone (425) 227–2110; dedicated pump installed inside the fax (425) 227–1149. tank, without canister type outside DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: access. The pumps are located on the rear spar of the wing and on the Federal Aviation Administration Comments Invited horizontal stabilizer front spar in the 14 CFR Part 39 Interested persons are invited to trim tank. These pumps provide the participate in the making of the motive force for new jet pumps installed [Docket No. 99±NM±08±AD] proposed rule by submitting such in the tanks. The jet pumps will written data, views, or arguments as continually pick up water from the low RIN 2120±AA64 they may desire. Communications shall points in the tanks, and therefore, Airworthiness Directives; Airbus Model identify the Rules Docket number and prevent any ice build-up. A310±300 and A300±600R Series be submitted in triplicate to the address It was found that the trim tank Airplanes specified above. All communications scavenge pump installations did not received on or before the closing date have a double seal between the tank and AGENCY: Federal Aviation for comments, specified above, will be fuselage section 19. If the seal on this Administration, DOT. considered before taking action on the optionally installed pump does not ACTION: Notice of proposed rulemaking proposed rule. The proposals contained perform its function, the possibility (NPRM). in this notice may be changed in light exists that without a second, normally of the comments received. redundant seal, leakage could occur into SUMMARY: This document proposes the Comments are specifically invited on the fuselage section 19. This condition, adoption of a new airworthiness the overall regulatory, economic, if not corrected, could result in leakage directive (AD) that is applicable to environmental, and energy aspects of of fuel into fuselage areas not designed certain Airbus Model A310–300 and the proposed rule. All comments for fuel, and consequent potential for A300–600R series airplanes. This submitted will be available, both before fuel to be in contact with a fuel ignition proposal would require installation of a and after the closing date for comments, source.

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Explanation of Relevant Service the proposed requirements of this AD Note 1: This AD applies to each airplane Information action, and that no operator would identified in the preceding applicability provision, regardless of whether it has been Airbus has issued Service Bulletin accomplish those actions in the future if this AD were not adopted. otherwise modified, altered, or repaired in A300–28–6035, Revision 2, dated March the area subject to the requirements of this 17, 1993 (for Model A300–600R series Regulatory Impact AD. For airplanes that have been modified, airplanes), and Service Bulletin A310– altered, or repaired so that the performance 28–2058, Revision 2, dated February 22, The regulations proposed herein of the requirements of this AD is affected, the 1995 (for Model A310–300 series would not have substantial direct effects owner/operator must request approval for an airplanes), which describe procedures on the States, on the relationship alternative method of compliance in for installation of a new cover assembly, between the national government and accordance with paragraph (e) of this AD. The request should include an assessment of associated new drain and vent the States, or on the distribution of power and responsibilities among the the effect of the modification, alteration, or pipework, and a new electrical harness repair on the unsafe condition addressed by on the trimmable horizontal stabilizer various levels of government. Therefore, this AD; and, if the unsafe condition has not for the fuel tank water scavenge motive in accordance with Executive Order been eliminated, the request should include pump. The DGAC classified these 12612, it is determined that this specific proposed actions to address it. service bulletins as mandatory and proposal would not have sufficient Compliance: Required as indicated, unless issued French airworthiness directive federalism implications to warrant the accomplished previously. 98–354–256(B), dated September 9, preparation of a Federalism Assessment. To prevent fuel leakage from the seal of the 1998, in order to assure the continued For the reasons discussed above, I water scavenge pumps, which, if not airworthiness of these airplanes in certify that this proposed regulation (1) corrected, could result in leakage of fuel into France. is not a ‘‘significant regulatory action’’ fuselage areas not designed for fuel, and under Executive Order 12866; (2) is not consequent potential for fuel to be in contact FAA’s Conclusions with a fuel ignition source, accomplish the a ‘‘significant rule’’ under the DOT following: These airplane models are Regulatory Policies and Procedures (44 manufactured in France and are type FR 11034, February 26, 1979); and (3) if Model A310–300 Series Airplanes: certificated for operation in the United promulgated, will not have a significant Modification States under the provisions of section economic impact, positive or negative, (a) For Model A310–300 series airplanes on 21.29 of the Federal Aviation on a substantial number of small entities which a water scavenge pump has been Regulations (14 CFR 21.29) and the under the criteria of the Regulatory installed prior to the effective date of this applicable bilateral airworthiness AD, in accordance with Airbus Modification Flexibility Act. A copy of the draft 8679 (reference Airbus Service Bulletin agreement. Pursuant to this bilateral regulatory evaluation prepared for this A310–28–2049, dated February 6, 1992; airworthiness agreement, the DGAC has action is contained in the Rules Docket. Revision 1, dated June 17, 1992; Revision 2, kept the FAA informed of the situation A copy of it may be obtained by dated June 3, 1994; or Revision 3, dated April described above. The FAA has contacting the Rules Docket at the 5, 1996): Within 18 months after the effective examined the findings of the DGAC, location provided under the caption date of this AD, install a new cover assembly, reviewed all available information, and ADDRESSES. associated new drain and vent pipework, and determined that AD action is necessary a new electrical harness, in accordance with for products of this type design that are List of Subjects in 14 CFR Part 39 Airbus Service Bulletin A310–28–2058, Revision 2, dated February 22, 1995. certificated for operation in the United Air transportation, Aircraft, Aviation States. (b) For Model A310–300 series airplanes safety, Safety. on which a water scavenge pump is installed Explanation of Requirements of The Proposed Amendment after the effective date of this AD, in Proposed Rule accordance with Airbus Modification 8679 Accordingly, pursuant to the (reference Airbus Service Bulletin A310–28– Since an unsafe condition has been authority delegated to me by the 2049, dated February 6, 1992; Revision 1, identified that is likely to exist or Administrator, the Federal Aviation dated June 17, 1992; Revision 2, dated June develop on other airplanes of the same Administration proposes to amend part 3, 1994; or Revision 3, dated April 5, 1996): type design registered in the United 39 of the Federal Aviation Regulations The actions required by paragraph (a) of this AD must be accomplished simultaneously States, the proposed AD would require (14 CFR part 39) as follows: accomplishment of the actions specified with Airbus Modification 8679. in the service bulletins described PART 39ÐAIRWORTHINESS Model A300–600R Series Airplanes: previously. DIRECTIVES Modification Cost Impact (c) For Model A300–600R series airplanes 1. The authority citation for part 39 on which a water scavenge pump has been The FAA estimates that 102 Model continues to read as follows: installed prior to the effective date of this A310–300 and A300–600R series Authority: 49 U.S.C. 106(g), 40113, 44701. AD, in accordance with Airbus Modification airplanes of U.S. registry would be 8679 (reference Airbus Service Bulletin affected by this proposed AD, that it § 39.13 [Amended] A300–28–6028, dated February 6, 1992; would take approximately 20 work 2. Section 39.13 is amended by Revision 1, dated June 5, 1992; Revision 2, hours per airplane to accomplish the adding the following new airworthiness dated October 14, 1993; Revision 3, dated April 5, 1996; or Revision 4, dated April 3, proposed actions, and that the average directive: labor rate is $60 per work hour. 1997): Within 18 months after the effective Airbus Industrie: Docket 99–NM–08–AD. date of this AD, install a new cover assembly, Required parts would cost associated new drain and vent pipework, and approximately $5,710. Based on these Applicability: Model A310–300 and A300– 600R series airplanes, except those airplanes a new electrical harness, in accordance with figures, the cost impact of the proposed on which Airbus Modification 10003 Airbus Service A300–28–6035, Revision 2, AD on U.S. operators is estimated to be (reference Airbus Service Bulletin A310–28– dated March 17, 1993. $704,820, or $6,910 per airplane. 2058, Revision 2, dated February 22, 1995, or Note 2: Installation of a new cover The cost impact figure discussed A300–28–6035, Revision 2, dated March 17, assembly, associated new drain and vent above is based on assumptions that no 1993) has been accomplished; certificated in pipework, and a new electrical harness in operator has yet accomplished any of any category. accordance with Airbus Service Bulletin

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A300–28–6035, Revision 1, dated December directive (AD) that is applicable to Comments are specifically invited on 4, 1992, is considered acceptable for certain Bombardier Model DHC–8–100 the overall regulatory, economic, compliance with the requirements specified and –300 series airplanes. This proposal environmental, and energy aspects of in paragraph (c) of this AD. would require replacement of the main the proposed rule. All comments (d) For Model A300–600R series airplanes landing gear (MLG) uplock actuator on submitted will be available, both before on which a water scavenge pump is installed both the left and right MLG with a new and after the closing date for comments, after the effective date of this AD, in accordance with Airbus Modification 8679 redesigned uplock assembly. This in the Rules Docket for examination by (reference Airbus Service Bulletin A300–28– proposal is prompted by issuance of interested persons. A report 6028, dated February 6, 1992; Revision 1, mandatory continuing airworthiness summarizing each FAA-public contact dated June 5, 1992; Revision 2, dated October information by a foreign civil concerned with the substance of this 14, 1993; Revision 3, dated April 5, 1996; or airworthiness authority. The actions proposal will be filed in the Rules Revision 4, dated April 3, 1997): The actions specified by the proposed AD are Docket. required by paragraph (c) of this AD must be intended to prevent failure of the MLG Commenters wishing the FAA to accomplished simultaneously with Airbus to extend when a ‘‘gear down’’ selection acknowledge receipt of their comments Modification 8679. is made. submitted in response to this notice Alternative Methods of Compliance DATES: Comments must be received by must submit a self-addressed, stamped (e) An alternative method of compliance or August 19, 1999. postcard on which the following adjustment of the compliance time that statement is made: ‘‘Comments to provides an acceptable level of safety may be ADDRESSES: Submit comments in Docket Number 98–NM–384–AD.’’ The used if approved by the Manager, triplicate to the Federal Aviation postcard will be date stamped and International Branch, ANM–116, FAA, Administration (FAA), Transport returned to the commenter. Transport Airplane Directorate. Operators Airplane Directorate, ANM–114, shall submit their requests through an Attention: Rules Docket No. 98–NM– Availability of NPRMs appropriate FAA Principal Maintenance 384–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this Inspector, who may add comments and then Renton, Washington 98055–4056. send it to the Manager, International Branch, NPRM by submitting a request to the ANM–116. Comments may be inspected at this FAA, Transport Airplane Directorate, location between 9:00 a.m. and 3:00 Note 3: Information concerning the ANM–114, Attention: Rules Docket No. existence of approved alternative methods of p.m., Monday through Friday, except 98–NM–384–AD, 1601 Lind Avenue, compliance with this AD, if any, may be Federal holidays. SW., Renton, Washington 98055–4056. obtained from the International Branch, The service information referenced in ANM–116. the proposed rule may be obtained from Discussion Special Flight Permits Bombardier, Inc., Bombardier Regional Transport Canada Aviation (TCA), Aircraft Division, Garratt Boulevard, which is the airworthiness authority for (f) Special flight permits may be issued in Canada, notified the FAA that an unsafe accordance with sections 21.197 and 21.199 Downsview, Ontario M3K 1Y5, Canada. of the Federal Aviation Regulations (14 CFR This information may be examined at condition may exist on certain 21.197 and 21.199) to operate the airplane to the FAA, Transport Airplane Bombardier Model DHC–8–100 and a location where the requirements of this AD Directorate, 1601 Lind Avenue, SW., –300 series airplanes. TCA advises that can be accomplished. Renton, Washington; or at the FAA, operators have reported incidents of the Note 4: The subject of this AD is addressed Engine and Propeller Directorate, New main landing gear (MLG) failing to in French airworthiness directive 98–354– York Aircraft Certification Office, 10 extend (gear hung up) when a down 256(B), dated September 9, 1998. Fifth Street, Third Floor, Valley Stream, selection is made. The cause is Issued in Renton, Washington, on July 14, New York. attributed to failure of the uplock unit 1999. FOR FURTHER INFORMATION CONTACT: to disengage due to wear. This D.L. Riggin, Paolo Farina, Aerospace Engineer, condition, if not corrected, could result Acting Manager, Transport Airplane Systems and Flight Test Branch, ANE– in a gear-up landing. Directorate, Aircraft Certification Service. 172, FAA, Engine and Propeller Explanation of Relevant Service [FR Doc. 99–18411 Filed 7–19–99; 8:45 am] Directorate, New York Aircraft Information BILLING CODE 4910±13±P Certification Office, 10 Fifth Street, Bombardier has issued Service Third Floor, Valley Stream, New York Bulletin S.B. 8–32–98, Revision ‘C,’ 11581; telephone (516) 256–7530; fax DEPARTMENT OF TRANSPORTATION dated July 31, 1998, which describes (516) 568–2716. procedures for replacement of the main Federal Aviation Administration SUPPLEMENTARY INFORMATION: landing gear uplock actuator on both the Comments Invited left and right main landing gear with a 14 CFR Part 39 new redesigned uplock assembly. Interested persons are invited to [Docket No. 98±NM±384±AD] Accomplishment of the actions participate in the making of the specified in the service bulletin is RIN 2120±AA64 proposed rule by submitting such intended to adequately address the written data, views, or arguments as identified unsafe condition. TCA Airworthiness Directives; Bombardier they may desire. Communications shall classified this service bulletin as Model DHC±8±100 and ±300 Series identify the Rules Docket number and mandatory and issued Canadian Airplanes be submitted in triplicate to the address airworthiness directive CF–98–26, dated AGENCY: Federal Aviation specified above. All communications August 26, 1998, in order to assure the Administration, DOT. received on or before the closing date continued airworthiness of these ACTION: Notice of proposed rulemaking for comments, specified above, will be airplanes in Canada. (NPRM). considered before taking action on the proposed rule. The proposals contained FAA’s Conclusions SUMMARY: This document proposes the in this notice may be changed in light These airplane models are adoption of a new airworthiness of the comments received. manufactured in Canada and are type

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.007 pfrm07 PsN: 20JYP1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules 38851 certificated for operation in the United promulgated, will not have a significant provides an acceptable level of safety may be States under the provisions of section economic impact, positive or negative, used if approved by the Manager, New York 21.29 of the Federal Aviation on a substantial number of small entities Aircraft Certification Office (ACO), FAA, Regulations (14 CFR 21.29) and the under the criteria of the Regulatory Engine and Propeller Directorate. Operators applicable bilateral airworthiness Flexibility Act. A copy of the draft shall submit their requests through an agreement. Pursuant to this bilateral regulatory evaluation prepared for this appropriate FAA Principal Maintenance airworthiness agreement, TCA has kept action is contained in the Rules Docket. Inspector, who may add comments and then the FAA informed of the situation A copy of it may be obtained by send it to the Manager, New York ACO. described above. The FAA has contacting the Rules Docket at the Note 2: Information concerning the examined the findings of TCA, reviewed location provided under the caption existence of approved alternative methods of all available information, and ADDRESSES. compliance with this AD, if any, may be determined that AD action is necessary obtained from the New York ACO. List of Subjects in 14 CFR Part 39 for products of this type design that are Special Flight Permits certificated for operation in the United Air transportation, Aircraft, Aviation States. safety, Safety. (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 Explanation of Requirements of The Proposed Amendment of the Federal Aviation Regulations (14 CFR Proposed Rule Accordingly, pursuant to the 21.197 and 21.199) to operate the airplane to Since an unsafe condition has been authority delegated to me by the a location where the requirements of this AD identified that is likely to exist or Administrator, the Federal Aviation can be accomplished. develop on other airplanes of the same Administration proposes to amend part Note 3: The subject of this AD is addressed type design registered in the United 39 of the Federal Aviation Regulations in Canadian airworthiness directive CF–98– States, the proposed AD would require (14 CFR part 39) as follows: 26, dated August 26, 1998. accomplishment of the actions specified PART 39ÐAIRWORTHINESS Issued in Renton, Washington, on July 14, in the service bulletin described DIRECTIVES 1999. previously. D.L. Riggin, Cost Impact 1. The authority citation for part 39 Acting Manager, Transport Airplane continues to read as follows: The FAA estimates that 148 airplanes Directorate, Aircraft Certification Service. of U.S. registry would be affected by this Authority: 49 U.S.C. 106(g), 40113, 44701. [FR Doc. 99–18410 Filed 7–19–99; 8:45 am] proposed AD, that it would take § 39.13 [Amended] BILLING CODE 4910±13±U approximately 6 work hours per 2. Section 39.13 is amended by airplane to accomplish the proposed adding the following new airworthiness DEPARTMENT OF TRANSPORTATION replacement, and that the average labor directive: rate is $60 per work hour. Required parts would cost between $4,030 and Bombardier, Inc. (Formerly de Havilland, Federal Aviation Administration Inc.): Docket 98–NM–384–AD. $5,016 per airplane. Based on these Applicability: Model DHC–8–100 and –300 14 CFR Part 93 figures, the cost impact of the proposed series airplanes, serial numbers 3 through AD on U.S. operators is estimated to be 339 inclusive, except those on which Public Meetings on Proposed between $649,720 and $795,648, or Modification 8/1828 has been incorporated; Rulemaking on Grand Canyon National between $4,390 and $5,376 per airplane. certificated in any category. Park The cost impact figure discussed Note 1: This AD applies to each airplane above is based on assumptions that no identified in the preceding applicability AGENCY: Federal Aviation operator has yet accomplished any of provision, regardless of whether it has been Administration (FAA), DOT. the proposed requirements of this AD otherwise modified, altered, or repaired in action, and that no operator would the area subject to the requirements of this ACTION: Notice of meetings. accomplish those actions in the future if AD. For airplanes that have been modified, altered, or repaired so that the performance this AD were not adopted. of the requirements of this AD is affected, the SUMMARY: The FAA will hold public Regulatory Impact owner/operator must request approval for an meetings on two notices of proposed alternative method of compliance in rulemaking (NPRMs) that were The regulations proposed herein accordance with paragraph (b) of this AD. published in the Federal Register on would not have substantial direct effects The request should include an assessment of July 9, 1999. Those notices are: on the States, on the relationship the effect of the modification, alteration, or Modifications of the Dimensions of the between the national government and repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not Grand Canyon National Park Special the States, or on the distribution of Flight Rules Area and Flight Free Zones, power and responsibilities among the been eliminated, the request should include specific proposed actions to address it. and Commercial Air Tour Limitation in various levels of government. Therefore, the Grand Canyon National Park Special in accordance with Executive Order Compliance: Required as indicated, unless accomplished previously. Flight Rules Area. The FAA will also 12612, it is determined that this To prevent failure of the main landing gear receive comments on the draft proposal would not have sufficient to extend when a ‘‘gear down’’ selection is environmental assessment (EA) federalism implications to warrant the made, accomplish the following: associated with these rulemakings, preparation of a Federalism Assessment. (a) Within 12 months after the effective which was also published in the For the reasons discussed above, I date of this AD: Replace the uplock actuator Federal Register on July 9, 1999. The certify that this proposed regulation (1) with a new, improved part in accordance purpose of these meetings is to provide Is not a ‘‘significant regulatory action’’ with deHavilland Service Bulletin S.B. 8–32– an additional opportunity for the public under Executive Order 12866; (2) is not 98, Revision ‘C,’ dated July 31, 1998. to comment on the proposals. a ‘‘significant rule’’ under the DOT Alternative Methods of Compliance Regulatory Policies and Procedures (44 (b) An alternative method of compliance or DATES: The meetings will be held on FR 11034, February 26, 1979); and (3) if adjustment of the compliance time that Tuesday, August 17, 1999, beginning at

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9:00 a.m. and on Thursday, August 19, Questions on the draft environmental include a summary of the oral 1999, beginning at 9:00 a.m. assessment (EA) should be directed to comments to be presented and an ADDRESSES: The meetings will be held at Tina Hunter, ATA–300, Federal estimate of the time needed. Requests the following locations: August 17, Aviation Administration, 800, received after August 9, 1999 will be 1999—The Cline Library Assembly Hall Indpependence Ave., SW, Washington, scheduled if time is available; however, (Building 28) on the campus of Northern DC 20591; telephone (202) 267–7685. the name of those individuals may not Arizona University, Knoles Drive, SUPPLEMENTARY INFORMATION: appear on the written agenda. The FAA Flagstaff, Arizona. will prepare an agenda of speakers. This August 19, 1999—Room 241 in the Background agenda will be available at each Frank and Estella Beam Hall on the The purpose of the meetings is for the meeting. To accommodate as many campus of the University of Nevada at FAA to receive comments on two Grand speakers as possible, the amount of time Las Vegas, 4505 South Maryland Canyon National Park proposed rules allocated to each speaker may be less Parkway, Las Vegas, Nevada. and associated draft EA. Comments than the amount of time requested. Persons unable to attend the meetings from the public at these meetings Those persons desiring to have available may send their comments on the should be directed specifically to the audiovisual equipment should notify NPRMs in triplicate to: U.S. Department proposed rules cited above or the draft the FAA when requesting to be placed of Transportation Dockets, Docket No. EA. on the agenda. (the docket number on the NPRMs), 400 The notices of proposed rulemaking Public Meeting Procedures Seventh Street, SW, Washington, DC to be discussed at the public meetings 20590. Comments may also be were published in the Federal Register The following procedures are submitted electronically to the Rules on July 9, 1999. The Airspace established to facilitate the public Docket by using the following Internet Modification NPRM proposes to modify meeting on the NPRMs and draft EA. address: 9–NPRM–[email protected]. flight-free zones to accommodate 1. There will be no admission fee or Comments must be marked Docket No. concerns expressed by Native other charge to attend or to participate FAA–99–5927 (Commercial Air Tour Americans and also to accommodate a in the public meetings. The meetings Limitation in the Grand Canyon new route structure. Maps showing this will be open to all persons who have National Park Special Flight Rules Area) new route structure are made available requested in advance to present or FAA–99–5926 (Modification of the through a notice of availability that was statements or who register on the day of Dimensions of the Grand Canyon published in the Federal Register on the meetings (between 8:30 a.m. and National Park Special Flight Rules Area July 9, 1999; maps also will be available 9:00 a.m.), subject to availability of and Flight Free Zones), as appropriate to at the public meetings. The Commercial space in the meeting room. the NPRM. Comments on both NPRMs Air Tour Limitation NPRM proposes to 2. Representatives from the FAA and or on the EA should reference both limit the number of commercial air National Park Service (NPS) will docket numbers. tours that could be conducted in the conduct the public meetings. A panel of Comments may be examined in Room Special Flight Rules Area (SFRA) of experts will be present to explain the Plaza 401 weekdays, except Federal GCNP. It also contains a reporting NPRMs and receive information holidays, from 10:00 a.m. to 5:00 p.m. requirement for all commercial flights, presented by participants. The FAA Written and electronic comments to not just air tours, that are being chairperson will explain procedural the docket will receive the same conducted in the SFRA. rules specific to these meetings in an consideration as statements made at the The notice of availability for the draft introduction at the beginning of each public meeting. environmental assessment was issued meeting. FOR FURTHER INFORMATION CONTACT: on July 2, 1999, and published in the 3. The public meetings are intended Requests to present a statement at the Federal Register on July 9, 1999. as a forum to seek additional data and public meeting on either of these The closing date for comments on the to obtain clarification of supporting NPRMs or EA, or questions regarding proposals and the draft EA is September methodologies from the industry. information on the logistics of the 7, 1999. In order to give the public an Participants must limit their meeting should be directed to Mark additional opportunity to comment on presentations and submissions of data to Lawyer, Federal Aviation the proposed rules and the draft EA, the the issues of the NPRMs and the draft Administration, Office of Rulemaking FAA is conducting these public EA. (ARM–107), 800 Independence Avenue, meetings. 4. The meetings will offer the SW., Washington, DC 20591, telephone Persons interested in obtaining a copy opportunity for all interested parties to (202) 493–4531; fax (202) 267–5075; e- of the Grand Canyon proposed rules or present additional information not mail [email protected]. the draft EA should contact the person currently available to the FAA and NPS. Technical questions concerning the listed in the FOR FURTHER INFORMATION 5. The FAA will try to accommodate NPRMs should be directed to: CONTACT section. all speakers; therefore, it may be For the Airspace Modification necessary to limit the time available for NPRM—Joe White, Airspace and Rules Participation at the Public Meeting an individual or group. The August 17 Program, Air Traffic Airspace The FAA will explain the purpose meeting may be extended to the Management Program, Federal Aviation and background of the NPRMs and the evening, if necessary, to accommodate Administration, 800 Independence EA at the beginning of the public speaking requests. If practicable, the Ave., Washington, DC 20591. meetings. meetings may be accelerated to enable Telephone: (202) 267–8783. Persons who wish to present oral adjournment in less than the time For the Commercial Air Tour statements at the public meeting on the scheduled. Once all speakers have been Limitation NPRM—Alberta Brown, Air Grand Canyon National Park proposals called upon and all attendees have had Transportation Division, Flight or draft EA must contact the FAA no an opportunity to comment, the Standards Service, Federal Aviation later than August 9, 1999. Such requests meetings will adjourn. Administration, 800 Independence should be submitted to Mark Lawyer as 6. Sign and oral interpretation can be Ave., SW, Washington, DC 20591. listed in the section titled FOR FURTHER made available at the meetings, as well Telephone: (202) 267–8321. INFORMATION CONTACT and should as an assistive listening device, if

VerDate 18-JUN-99 16:26 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\20JYP1.XXX pfrm02 PsN: 20JYP1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules 38853 requested 10 calendar days before each ACTION: Scoping meeting. The new scoping meeting will be held meeting. on Thursday, August 5 at 6:30 p.m. SUMMARY: 7. The meetings will be recorded by The Channel Islands National ADDRESSES: Written comments may be a court reporter. A transcript of the Marine Sanctuary (CINMS or Sanctuary) sent to the Channel Islands National meetings and all material accepted by was designated in September 1980, and Marine Sanctuary (Management Plan the panel during the meetings will be consists of 1,252 square nautical miles Review), 113 Harbor Way, Santa included in the public docket, unless of open ocean and near shore habitat Barbara, California 93109. Comments protected from disclosure. Each person approximately 25 miles off the coast of will be available for public review at the interested in purchasing a copy of the Santa Barbara, California, encompassing same address. transcript should contact the court the waters surrounding San Miguel, The new scoping meeting will be held reporter directly. This information will Santa Rosa, Santa Cruz, Anacapa and at the PG and E Community Center, be available at each meeting. Santa Barbara Islands from mean high 6588 Ontario Road, San Luis Obispo, 8. The FAA will review and consider tide to six nautical miles offshore. The California. present management plan for the all information presented by FOR FURTHER INFORMATION CONTACT: participants at the public meetings. Sanctuary was completed in 1982. In accordance with Section 304(e) of the Anne Walton, Management Plan Position papers or materials presenting Specialist, at (805) 884–1470. views or information related to the draft National Marine Sanctuaries Act, as NPRMs may be accepted at the amended, (NMSA) (16 U.S.C. 1431 et Authority: 16 U.S.C. § 1431 et seq. discretion of the presiding officer and seq.), the Marine Sanctuaries Division (Federal Domestic Assistance Catalog will be subsequently placed in the (MSD) of the National Oceanic and Number 11.429 Marine Sanctuary Program) public docket. The FAA requests that Atmospheric Administration (NOAA) Ted Lillestolen, presenters at the meetings provide 10 has initiated a review of the Deputy Assistant Administrator for Ocean copies of all materials to be presented management plan, to evaluate Services and Coastal Zone Management. for distribution to the panel members; substantive progress toward [FR Doc. 99–18458 Filed 7–19–99; 8:45 am] other copies may be provided to the implementing the goals for the BILLING CODE 3510±08±M audience at the discretion of the Sanctuary, and to make revisions to the presenter. plan and regulations as necessary to 9. Statements made by members of the fulfill the purposes and policies of the DEPARTMENT OF HOUSING AND panel are intended to facilitate NMSA. The notice of intent to revise the URBAN DEVELOPMENT discussion of the issues or to clarify management plan was issued on June issues. Comments made at these public 11, 1999 (64 FR 31528). 24 CFR Chapter IX meetings will be considered by the FAA The proposed revised management [Docket No. FR±4423±N±05] before making a final decision on plan will likely involve changes to issuance of any final rule. existing policies and regulations of the Negotiated Rulemaking Committee on 10. The meetings are designed to Sanctuary, to address contemporary Capital Fund Allocation; Meetings solicit public views and more complete issues and challenges, and to better information relevant to the NPRMS protect and manage the Sanctuary’s AGENCY: Office of the Assistant under consideration. Therefore, the resources and qualities. The review Secretary for Public and Indian meeting will be conducted in an process is composed of four major Housing, HUD. informal and nonadversarial manner. stages: information collection and ACTION: Negotiated Rulemaking characterization; preparation and Issued in Washington, DC, on July 14, Committee Meetings. 1999. release of a draft management plan/ environmental impact statement, and SUMMARY: This document announces Ida M. Klepper, any proposed amendments to the two meetings of the Negotiated Acting Director, Office of Rulemaking. regulations; public review and Rulemaking Committee on Capital Fund [FR Doc. 99–18502 Filed 7–19–99; 8:45 am] comment; preparation and release of a Allocation. These meetings are BILLING CODE 4910±13±M final management plan/environmental sponsored by HUD for the purpose of impact statement, and any final discussing and negotiating a proposed amendments to the regulations. NOAA rule that would change the current DEPARTMENT OF COMMERCE anticipates completion of the revised method of determining the payment of management plan and concomitant capital funds to public housing agencies National Oceanic and Atmospheric documents will require approximately (PHAs). Administration eighteen to twenty-four months. DATES: The first committee meeting NOAA has already conducted five announced by this notice will be held 15 CFR Part 922 public scoping meetings (as announced on July 26 and July 27, 1999. The in the notice in 64 FR 31528) to gather second committee meeting announced Initiation of Review of Management information and other comments from by this notice will be held on August 3 Plan/Regulations of the Channel individuals, organizations, and and 4, 1999. On the first day of each Islands National Marine Sanctuary; government agencies on the scope, types meeting, the meeting will begin at Intent To Prepare a Draft and significance of issues related to the approximately 9:30 am and run until Environmental Impact Statement and sanctuary’s management plan and completion. On the second day of each Management Plan; Scoping Meeting regulations. Because of the interest of meeting, the meeting will begin at AGENCY: Office of Ocean and Coastal individuals and communities located approximately 9:00 am and run until Resource Management (OCRM), north of the Sanctuary, NOAA has approximately 5:00 pm. National Ocean Service (NOS), National decided to add a scoping meeting for the ADDRESSES: Both committee meetings Oceanic and Atmospheric San Luis Obispo region. will take place at the Loews L’Enfant Administration, Department of DATES: Written comments should be Plaza Hotel, 480 L’Enfant Plaza East, Commerce (DOC). received on or before August 14, 1999. SW, Washington, DC 20024; telephone

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1–800–635–5065 or (202) 484–1000; formula, HUD believes it is imperative jointly administered water resources FAX (202) 863–4497 (With the that the negotiations for development of development projects, which are under exception of the ‘‘800’’ telephone the formula not be delayed. Failure to the administrative jurisdiction of the number, these are not toll-free publish the Capital Fund final rule on Chief of Engineers. numbers). a timely basis will delay the provision DATES: Comments must be received by FOR FURTHER INFORMATION CONTACT: of capital subsidies to PHAs. August 19, 1999. Accordingly, rather than defer the William Flood, Director, Office of ADDRESSES: Submit comments to U.S. negotiations, HUD has decided to Capital Improvements, Public and Army Corps of Engineers, ATTN: proceed with the committee meeting on Indian Housing, Room 4134, CECW–ON, 20 Massachusetts Avenue, July 26 and July 27, 1999. Department of Housing and Urban NW, Washington, DC 20314–1000. Development, 451 Seventh Street, SW, The meetings will be open to the FOR FURTHER INFORMATION CONTACT: Mr. Washington, DC 20410–0500; telephone public without advance registration. Stephen Austin, Outdoor Recreation (202) 708–1640 ext. 4185 (this telephone Public attendance may be limited to the Planner, 202–761–1796. number is not toll-free). Hearing or space available. Members of the public speech-impaired individuals may access may make statements during the SUPPLEMENTARY INFORMATION: meeting, to the extent time permits, and this number via TTY by calling the toll- Required Determinations free federal Information Relay Service at file written statements with the 1–800–877–8339. committee for its consideration. Written Executive Order 12291 statements should be submitted to the SUPPLEMENTARY INFORMATION: This proposed rule is not a major rule address listed in the FOR FURTHER On April 26, 1999 (64 FR 20234), as defined by Executive Order 12291. HUD announced in the Federal Register INFORMATION section of this document. the establishment of the Negotiated Summaries of committee meetings will Regulatory Flexibility Act Determination Rulemaking Advisory Committee on be available for public inspection and (5 U.S.C. 601 et seq.) copying at the address in the same Capital Fund Allocation. The purpose of As required by the Regulatory section. the committee is to discuss and Flexibility Act, the U.S. Army Corps of negotiate a proposed rule that would Dated: July 16, 1999. Engineers certifies that these regulatory change the current method of Harold Lucas, amendments will not have a significant determining the allocation of capital Assistant Secretary for Public and Indian impact on small business entities. This funds to public housing agencies Housing. rule is an update to the current (PHAs). [FR Doc. 99–18593 Filed 7–19–99; 8:45 am] regulations governing public use on This document announces two BILLING CODE 4210±33±P Corps of Engineers Water Resources meetings of the Negotiated Rulemaking Development Projects. Committee on Capital Fund Allocation. Paperwork Reduction Act of 1995 (44 The meetings of the negotiated DEPARTMENT OF DEFENSE rulemaking committee will take place as U.S.C. 3501 et seq.) described in the ‘‘DATES’’ and Department of the Army, Corps of This proposed rule does not contain ADDRESSES section of this document. Engineers information collection requirements that The agenda planned for the require approval by OMB under the committee meetings includes: (1) 36 CFR Part 327 Paperwork Reduction Act. Discussion of issues related to the development of a Capital Fund formula; Public Use of Water Resources Unfunded Mandates Reform Act (2 (2) development of draft regulatory Development Projects Administered by U.S.C. 1502 et seq.) language; (3) development of agenda for the Chief of Engineers This rulemaking will not impose future meetings; and (4) the scheduling AGENCY: U.S. Army Corps of Engineers, unfunded mandates under the of future meetings. DOD. Unfunded Mandates Reform Act of In accordance with the General ACTION: Notice of proposed rulemaking. 1995. It will not result in costs of $100 Services Administration (GSA) million or more on State, local, or tribal regulations implementing the Federal SUMMARY: The U.S. Army Corps of governments or private entities. Advisory Committee Act, HUD normally Engineers proposes to amend the rules The amendments to 36 CFR Chapter publishes a Federal Register meeting and regulations governing public use of III Part 327 are necessary to clarify and announcement at least 15 calendar days water resources development projects strengthen selected regulations for more before the date of an advisory committee administered by the Chief of Engineers. effective management and to enhance meeting). The GSA regulations, The regulations contained in this public safety and enjoyment of Corps however, also provide that an agency proposed rule are designed to ensure water resource development projects. may give less than 15 days notice if the safe, enjoyable, and environmentally Some of the sections have been reasons for doing so are included in the sound visitation on the public lands, reworded and/or have had information Federal Register meeting free from unwarranted disturbances. added or deleted to clarify the announcement. (See 41 CFR 10– The regulations accomplish this by regulations. These minor changes are 6.1015(b).) Due to the difficulty in setting minimum standards of conduct editorial in nature and have been made obtaining suitable hotel and conference for individuals using the public lands, to express the intent of the regulation room accommodations in the and establishing penalties that may be more concisely, and to maintain Washington, DC area during July, 1999, imposed for failure to obey the consistency with existing Public Laws. it has not been possible for HUD to regulations. announce the date and location of the These rules and regulations apply to Disscussion of Specific Rule Changes: July 26 and July 27, 1999 committee water resources development projects In Part 327, §§ 327.1 through 327.26, meeting before today. Given the October completed and under construction, revise all references to ‘‘District 1, 1999 statutory deadline for which are administered by the Chief of Engineer’’ to read ‘‘District implementation of the Capital Fund Engineers, and to those portions of Commander.’’

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36 CFR 327.0 Applicability 36 CFR 327.6 Picnicking read as a ‘‘sound producing device’’ and Section 327.6 is revised for generators have been added to the Section 327.0 is republished with no examples of motorized equipment. changes. consistency with current Corps of Engineers terminology. Paragraph (e) is added to clarify the 36 CFR 327.1 Policy potential prohibition of alcohol on 36 CFR 327.7 Camping project lands. Paragraph (f) is added to Section 327.1, paragraph (h), is Section 327.7 is revised to comply reflect requirements in E.O. 13058, revised to better define the with the National Recreation August 9, 1997. responsibility of an operator or owner of Reservation Service. 36 CFR 327.13 Explosives, Firearms, any vehicle, vessel, or aircraft. Other Weapons and Fireworks Paragraph (i) is added to define the 36 CFR 327.8 Hunting, Fishing, and responsibility of a registered user of a Trapping Section 327.13 is revised by adding campsite, picnic area, or other facility. Section 327.8 is revised by breaking the words ‘‘other weapons’’ to out each activity into separate paragraph (a). Information on explosives 36 CFR 327.2 Vehicles paragraphs for better clarification. and fireworks is moved from paragraph Section 327.2, paragraphs (b) and (d), (a) into a new paragraph (b) for 36 CFR 327.9 Sanitation clarification purposes. is edited for consistency. A portion of a Section 327.9, paragraph (a), is sentence has been moved from revised to include gray water. Paragraph 36 CFR 327.14 Public Property paragraph (d) into a new paragraph (h) (b) is revised to clarify the responsibility Section 327.14 is revised to include to emphasize the laws and regulating of the owner of garbage as defined in paleontological resources, and boundary authority for the operation of vehicles. this section. Paragraph (c) is revised to monumentation or markers in paragraph Paragraph (e) is revised by removing the include disposal of wastes for (a). Paragraph (c) is revised to include word ‘‘project’’ and paragraph (f) is consistency with other paragraphs in clarification on site specific revised by using the word ‘‘designated’’ this section. prohibitions. Paragraph (d) is added for to define the recreation area. clarification on metal detectors and is in 36 CFR 327.10 Fires 36 CFR 327.3 Vessels conformance with existing Corps Section 327.10, paragraph (b), is regulations. Section 327.3, paragraph (a), is revised to include floatation materials revised to substitute the term ‘‘personal and to clarify the regulation of open 36 CFR 327.15 Abandonment and watercraft’’ for ‘‘jetskis’’ and to add burnings for environmental Impoundment of Personal Property navigation on ice. A portion of a considerations. Section 327.15, paragraph (a), is sentence has been moved from 36 CFR 327.11 Control of Animals revised to include public safety or paragraph (c) into a new paragraph (k) resource protection to the reasons for to emphasize the laws and regulating Section 327.11, paragraph (a), is closure of a public use area. Paragraphs authority for the operation of vessels. revised to include waters adjacent to (b) and (c) are switched for better Paragraph (d) is rewritten for ease of developed recreation areas; to include a readability. Paragraph (b) is revised to readability and to include sentence which provides enforcement include private facilities, and to include environmental features. Paragraph (e) for animals which unreasonably disturb the impoundment of property for has been edited for clarity and to other people; to include the prohibition consistency with paragraph (c). include requirements of enforcement for of animals and pets on playgrounds; and Paragraph (c) is revised to increase the non-compliance. Paragraph (h) has been to include a sentence on the prohibition fair market value of property which may modified to include a restriction about of abandoning any animal on project be disposed of after 90 days, and to mooring vessels to project structures. lands or waters. Paragraph (b) is revised correct the word ‘‘covered’’ to to remove the words, ‘‘in sanitary ‘‘conveyed.’’ 36 CFR 327.4 Aircraft facilities’’. The word ‘‘trails’’ is added to paragraph (c) for clarification on the 36 CFR 327.16 Lost and Found Articles Section 327.4 is revised to include types of recreation areas at Corps environmental features in paragraph (c), Section 327.16 is revised for projects. Paragraph (g) is added to this and the retrieval of person or material consistency with current Corps of section to restrict the presence of wild or equipment from project lands, and Engineers terminology. or exotic pets and animals, or any pets the use of balloons in paragraph (e). or animals displaying vicious or 36 CFR 327.17 Advertisement Paragraph (f)(3) is revised to be aggressive behavior or posing a threat to Section 327.17 is revised for consistent with other sections, and to public safety or deemed a public consistency with current Corps of more concisely define navigation rules. nuisance on project lands and waters Engineers terminology. Paragraph (f)(6) is revised to remove unless authorized by the District repetitiveness. 36 CFR 327.18 Commercial Activities Commander. 36 CFR 327.5 Swimming Section 327.18 is revised by adding 36 CFR 327.12 Restrictions the words ‘‘project lands or waters’’, to Section 327.5, paragraph (a), is Section 327.12 is revised by adding clarify where the solicitation of business updated to include wading and public resource protection to the list of reasons is prohibited. docks, and the last sentence is removed that a District Commander may close or to eliminate repetitiveness with restrict the use of a project or portion of 36 CFR 327.19 Permits paragraph (c) of this section. Paragraph a project. Paragraph (c) has been Section 327.19, paragraph (b), is (b) is revised to include appropriate modified by changing the phrase ‘‘the revised for consistency with current terminology. Paragraph (c) is revised to safety of another person’’ to ‘‘the safety Corps of Engineers terminology. The include the activity of swinging, and to of any person.’’ The list of audio words ‘‘Rivers and Harbors’’ are added include trees and structures which are producing devices has been removed in to paragraph (c) for clarification of the adjacent to project waters. paragraph (d) and is now generalized to referenced Act. The words ‘‘Water

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Quality’’ are added to paragraph (d) for controlled substances’’ to the list of include the authorized representatives clarification on the type of required examples which are governed by state of the District Commander. certification. and local laws and ordinances. The (c) The term ‘‘project’’ or ‘‘water paragraphs in this section have been resources development project’’ refers to 36 CFR 327.20 Unauthorized Structures renumbered for consistency and better the water areas of any water resources Section 327.20 is revised to include readability. development project administered by hunting stands or blinds, buoys, and the Chief of Engineers, without regard to 36 CFR 327.30 and 327.31 docks in the list of structures for ownership of underlying land, to all purposes of clarification. The section is These sections are not amended in lands owned in fee by the Federal also revised by changing the word this proposed rule. Government and to all facilities therein ‘‘agreement’’ to ‘‘authorization’’ for List of Subjects for 36 CFR Chapter III or thereon of any such water resources consistency within the document. Part 327 development project. 36 CFR 327.21 Special Events (d) All water resources development Natural Resources, Penalties, Public projects open for public use shall be Section 327.21, paragraph (a), is Lands, Recreation and Recreation Areas, available to the public without regard to revised to include fishing tournaments Resource Management, Water sex, race, color, creed, age, nationality in the list of special events. Paragraph Resources. or place of origin. No lessee, licensee, or (b) is revised to include the restoration Dated: July 13, 1999. concessionaire providing a service to of an area to pre-event conditions for Eric R. Potts, the public shall discriminate against any consistency with Corps of Engineers Colonel, Corps of Engineers, Executive person because of sex, race, creed, color, regulations. Director of Civil Works. age, nationality or place of origin in the 36 CFR 327.22 Unauthorized For the reasons set forth in the conduct of the operations under the Occupation preamble, amend Part 327 of Title 327 lease, license or concession contract. of the Code of Federal Regulations as (e) In addition to the regulations in Section 327.22 is revised for follows: this part 327, all applicable Federal, consistency with current Corps of state and local laws and regulations Engineers terminology. PART 327ÐRULES AND remain in full force and effect on project 36 CFR 327.23 Recreation Use Fees REGULATIONS GOVERNING PUBLIC lands or waters which are outgranted by USE OF WATER RESOURCES the District Commander by lease, Section 327.22 is revised by removing DEVELOPMENT PROJECTS paragraph (b) and incorporating the license or other written agreement. ADMINISTERED BY THE CHIEF OF (f) The regulations in this part 327 information contained in this paragraph ENGINEERS into paragraph (a) for better readability. shall be deemed to apply to those lands Paragraph (c) is redesignated as 1. The authority citation for Part 327 and waters which are subject to treaties paragraph (b) and a new paragraph (c) is revised to read as follows: and Federal laws and regulations is added to include a prohibition on the concerning the rights of Indian Nations Authority: 16 U.S.C. 460d; 16 U.S.C. 4601– and which lands and waters are failure to pay day use fees and to 6a; and Sec. 210, Pub. L. 90–483, 82 Stat. properly display the day use pass. A 746.; 33 U.S.C. 1, 28 Stat. 362. incorporated, in whole or in part, within prohibition about the fraudulent use of water resources development projects 2. Sections 327.0 through 327.26 are administered by the Chief of Engineers, a Golden Age or Golden Access revised to read as follows: Passports is added to paragraph (d). to the extent that the regulations in this Paragraph (e) is removed for consistency § 327.0 Applicability. part 327 are not inconsistent with such with the National Recreation The regulations covered in this part treaties and Federal laws and Reservation Service. 327 shall be applicable to water regulations. resources development projects, (g) Any violation of any section of this 36 CFR 327.24 Interference with completed or under construction, part 327 shall constitute a separate Government Employees administered by the Chief of Engineers, violation for each calendar day in which Section 327.24, paragraph (a), is and to those portions of jointly it occurs. revised to include the words ‘‘attempt to administered water resources (h) For the purposes of this part 327, kill, or kill,’’ for consistency with Title development projects which are under the operator of any vehicle, vessel or 18, United States Code. Paragraph (b) is the administrative jurisdiction of the aircraft as described herein shall be revised to include the words Chief of Engineers. All other Federal, presumed to be responsible for its use ‘‘information deemed necessary for,’’ to state and local laws and regulations on project property. In the event where provide clarification on type of other remain in full force and effect where an operator cannot be determined, the identification which may be required by applicable to those water resources owner of the vehicle, vessel, or aircraft, a Federal employee in the performance development projects. whether attended or unattended, will be of issuing citations. presumed responsible. Unless proven § 327.1 Policy. otherwise, such presumption will be 36 CFR 327.25 Violations of Rules and (a) It is the policy of the Secretary of sufficient to issue a citation for the Regulations the Army, acting through the Chief of violation of regulations applicable to the Section 327.25 is revised to increase Engineers, to manage the natural, use of such vehicle, vessel or aircraft as the amount of the maximum fine in cultural and developed resources of provided for in § 327.25. accordance with 18 USC, section 3571, each project in the public interest, (i) For the purposes of this part 327, and to remove duplicate words. providing the public with safe and the registered user of a campsite, picnic healthful recreational opportunities area, or other facility shall be presumed 36 CFR 327.26 State and Local Laws while protecting and enhancing these to be responsible for its use. Unless Section 327.26 is revised to include resources. proven otherwise, such presumption the ‘‘possession’’ of firearms or other (b) Unless otherwise indicated herein, will be sufficient to issue a citation for weapons, and ‘‘alcohol or other the term ‘‘District Commander’’ shall the violation of regulations applicable to

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L. 92–75, § 327.2 Vehicles. passenger carrying vessels not based at 85 Stat. 213), or promulgated pursuant (a) This section pertains to all a Corps project which utilize project to such act, is prohibited. vehicles, including, but not limited to, waters as a link in continuous transit (j) Except as authorized by the District automobiles, trucks, motorcycles, mini- over navigable waters of the United Commander, no person shall operate bikes, snowmobiles, dune buggies, all- States. any vessel or watercraft without a terrain vehicles, and trailers, campers, (c) Vessels or other watercraft may be proper and effective exhaust muffler as bicycles, or any other such equipment. operated on the project waters, except in defined by state and local laws, or with (b) Vehicles shall not be parked in prohibited or restricted areas, in an exhaust muffler cutout open, or in violation of posted restrictions and accordance with posted regulations and any other manner which renders the regulations, or in such a manner as to restrictions, including buoys. All vessels exhaust muffler ineffective in muffling obstruct or impede normal or emergency or watercraft so required by applicable the sound of engine exhaust. traffic movement or the parking of other Federal, state and local laws shall (k) All vessels or other watercraft vehicles, create a safety hazard, or display an appropriate registration on shall be operated in accordance with endanger any person, property or board whenever the vessel is on project applicable Federal, state and local laws, environmental feature. Vehicles so waters. which shall be regulated by authorized parked are subject to removal and (d) No person shall operate any vessel enforcement officials as prescribed in impoundment at the owner’s expense. or other watercraft in a careless, § 327.26. (c) The operation and/or parking of a negligent, or reckless manner so as to vehicle off authorized roadways is endanger any person, property, or § 327.4 Aircraft. prohibited except at locations and times environmental feature. (a) This Section pertains to all aircraft designated by the District Commander. (e) All vessels, when on project including, but not limited to, airplanes, Taking any vehicle through, around or waters, shall have safety equipment, seaplanes, helicopters, ultra-light beyond a restrictive sign, recognizable including personal flotation devices, on aircraft, motorized hang gliders, hot air barricade, fence, or traffic control barrier board in compliance with U.S. Coast balloons, any non-powered flight is prohibited. Guard boating safety requirements and devices or any other such equipment. (d) Vehicles shall be operated in in compliance with boating safety laws (b) The operation of aircraft on project accordance with posted restrictions and issued and enforced by the state in lands at locations other than those regulations. which the vessel is located. Owners or designated by the District Commander is (e) No person shall operate any operators of vessels not in compliance prohibited. This provision shall not be vehicle in a careless, negligent or with this section may be requested to applicable to aircraft engaged on official reckless manner so as to endanger any remove the vessel immediately from business of Federal, state or local person, property or environmental project waters until such time as items governments or law enforcement feature. of non-compliance are corrected. agencies, aircraft used in emergency (f) At designated recreation areas, (f) Unless otherwise permitted by rescue in accordance with the directions vehicles shall be used only to enter or Federal, state or local law, vessels or of the District Commander or aircraft leave the area or individual sites or other watercraft, while moored in forced to land due to circumstances facilities unless otherwise posted. commercial facilities, community or beyond the control of the operator. (g) Except as authorized by the corporate docks, or at any fixed or (c) No person shall operate any District Commander, no person shall permanent mooring point, may only be aircraft while on or above project waters operate any motorized vehicle without a used for overnight occupancy when or project lands in a careless, negligent proper and effective exhaust muffler as such use is incidental to recreational or reckless manner so as to endanger defined by state and local laws, or with boating. Vessels or other watercraft are any person, property or environmental an exhaust muffler cutout open, or in not to be used as a place of habitation feature. any other manner which renders the or residence. (d) Nothing in this section bestows exhaust muffler ineffective in muffling (g) Water skis, parasails, ski-kites and authority to deviate from rules and the sound of engine exhaust. similar devices are permitted in regulations or prescribed standards of (h) Vehicles shall be operated in nonrestricted areas except that they may the appropriate State Aeronautical accordance with applicable Federal, not be used in a careless, negligent, or Agency, or the Federal Aviation state and local laws, which shall be reckless manner so as to endanger any Administration, including, but not regulated by authorized enforcement person, property or environmental limited to, regulations and standards officials as prescribed in § 327.26. feature. concerning pilot certifications or (h) Vessels shall not be attached or ratings, and airspace requirements. § 327.3 Vessels. anchored to structures such as locks, (e) Except in extreme emergencies (a) This section pertains to all vessels dams, buoys or other structures unless threatening human life or serious or watercraft, including, but not limited authorized by the District Commander. property loss, the air delivery or to, powerboats, cruisers, houseboats, All vessels when not in actual use shall retrieval of any person, material or sailboats, rowboats, canoes, kayaks, be removed from project lands and equipment by parachute, balloon, personal watercraft, and any other such waters unless securely moored or stored helicopter or other means onto or from equipment capable of navigation on at designated areas approved by the project lands or waters without written water or ice, whether in motion or at District Commander. The placing of permission of the District Commander is rest. floating or stationary mooring facilities prohibited. (b) The placement and/or operation of on, adjacent to, or interfering with a (f) In addition to the above provisions, any vessel or watercraft for a fee or buoy, channel marker or other seaplanes, as defined below, are subject profit upon project waters or lands is navigational aid is prohibited. to the following restrictions: prohibited except as authorized by (i) The use at a project of any vessel (1) Such use is limited to aircraft permit, lease, license, or concession not constructed or maintained in utilized for water landings and takeoff,

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The responsibility to period longer than 14 days during any petroleum, industrial and commercial ascertain whether seaplane operations 30-consecutive-day period is prohibited products and by-products, on project are prohibited or restricted is incumbent without the written permission of the lands or into project waters is upon the person(s) contemplating the District Commander. prohibited. use of, or using, such waters. (c) The unauthorized placement of (d) Campers, picnickers, and all other camping equipment or other items on a persons using a water resources (3) All operations of seaplanes while campsite and/or personal appearance at development project shall keep their upon project waters shall be in a campsite for the purpose of reserving sites free of trash and litter during the accordance with U.S. Coast Guard a campsite for future occupancy is period of occupancy and shall remove navigation rules for power boats or prohibited. all personal equipment and clean their vessels and § 327.3. (d) The digging or leveling of any sites upon departure. (4) Seaplanes on project waters and ground or the construction of any (e) The discharge or placing of lands in excess of 24 hours shall be structure without written permission of sewage, galley waste, garbage, refuse, or securely moored at mooring facilities the District Commander is prohibited. pollutants into the project waters from and at locations permitted by the (e) Occupying or placement of any any vessel or watercraft is prohibited. District Commander. Seaplanes may be camping equipment at a campsite which § 327.10 Fires. temporarily moored on project waters is posted as ‘‘reserved’’ without an and lands, except in areas prohibited by authorized reservation for that site is (a) Gasoline and other fuels, except the District Commander, for periods less prohibited. that which is contained in storage tanks than 24 hours providing: of vehicles, vessels, camping § 327.8 Hunting, fishing, and trapping. (i) The mooring is safe, secure, and equipment, or hand portable containers accomplished so as not to damage the (a) Hunting is permitted except in designed for such purpose, shall not be rights of the Government or members of areas and during periods where carried onto or stored on the project the public and prohibited by the District Commander. without written permission of the (b) Trapping is permitted except in District Commander. (ii) The operator remains in the areas and during periods where (b) Fires shall be confined to those vicinity of the seaplane and reasonably prohibited by the District Commander. areas designated by the District available to relocate the seaplane if (c) Fishing is permitted except in Commander, and shall be contained in necessary. swimming areas, on boat ramps or other fireplaces, grills, or other facilities (5) Commercial operation of seaplanes areas designated by the District designated for this purpose. Fires shall from project waters is prohibited Commander. not be left unattended and must be without written approval of the District (d) Additional restrictions pertaining completely extinguished prior to Commander following consultation with to these activities may be established by departure. The burning of materials that and necessary clearance from the the District Commander. produce toxic fumes, including, but not Federal Aviation Administration (FAA) (e) All applicable Federal, State and limited to, tires, plastic and other and other appropriate public authorities local laws regulating these activities floatation materials or treated wood and affected interests. apply on project lands and waters, and products is prohibited. The District (6) Seaplanes may not be operated at shall be regulated by authorized Commander may prohibit open burning Corps projects between sunset and enforcement officials as prescribed in of any type for environmental sunrise unless approved by the District § 327.26. considerations. Commander. (c) Improper disposal of lighted § 327.9 Sanitation. smoking materials, matches or other § 327.5 Swimming. (a) Garbage, trash, rubbish, litter, gray burning material is prohibited. water, or any other waste material or (a) Swimming, wading, snorkeling or waste liquid generated on the project § 327.11 Control of animals. scuba diving at one’s own risk is and incidental to authorized (a) No person shall bring or allow permitted, except at launching sites, recreational activities shall be either dogs, cats, or other pets into developed designated mooring points and public removed from the project or deposited recreation areas or adjacent waters docks, or other areas so designated by in receptacles provided for that purpose. unless penned, caged, on a leash under the District Commander. The improper disposal of such wastes, six feet in length, or otherwise (b) An international diver down, or human and animal waste included, on physically restrained. No person shall inland diving flag must be displayed the project is prohibited. allow animals to impede or restrict during underwater activities. (b) It is a violation to bring onto a otherwise full and free use of project (c) Diving, jumping or swinging from project any household or commercial lands and waters by the public. No trees, bridges or other structures which garbage, trash, rubbish, debris, dead person shall allow animals to bark or cross or are adjacent to project waters is animals or litter of any kind for disposal emit other noise which unreasonably prohibited. or dumping without the written disturbs other people. Animals and pets, permission of the District Commander. except properly trained animals § 327.6 Picnicking. For the purposes of this regulation, the assisting those with disabilities (such as Picnicking and related day-use owner of any garbage, trash, rubbish, seeing-eye dogs), are prohibited in activities are permitted, except in those debris, dead animals or litter of any sanitary facilities, playgrounds, areas where prohibited by the District kind shall be presumed to be swimming beaches and any other areas Commander. responsible for proper disposal. Such so designated by the District

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Commander. Abandonment of any (c) Any act or conduct by any person areas as firewood is permitted, unless animal on project lands or waters is which interferes with, impedes or prohibited and posted by the District prohibited. Unclaimed or unattended disrupts the use of the project or impairs Commander. animals are subject to immediate the safety of any person is prohibited. (d) The use of metal detectors is impoundment and removal in Individuals who are boisterous, rowdy, permitted on designated beaches or accordance with state and local laws. disorderly, or otherwise disturb the other previously disturbed areas unless (b) Persons bringing or allowing pets peace on project lands or waters may be prohibited by the District Commander in designated public use areas shall be requested to leave the project. for reasons of protection of responsible for proper removal and (d) The operation or use of any sound archaeological, historical or disposal of any waste produced by these producing or motorized equipment, paleontological resources. Specific animals. including but not limited to generators, information regarding metal detector (c) No person shall bring or allow vessels or vehicles, in such a manner as policy and designated use areas is horses, cattle, or other livestock in to unreasonably annoy or endanger available at the Manager’s Office. Items camping, picnicking, swimming or other persons at any time or exceed state or found must be handled in accordance recreation areas or on trails except in local laws governing noise levels from with Part 327.15 and Part 327.16 except areas designated by the District motorized equipment is prohibited. for non-identifiable items such as coins Commander. (e) The possession and/or of value less than $25. (d) Ranging, grazing, watering or consumption of alcoholic beverages on allowing livestock on project lands and any portion of the project land or § 327.15 Abandonment and impoundment of personal property. waters is prohibited except when waters, or the entire project, may be authorized by lease, license or other prohibited when designated and posted (a) Personal property of any kind shall written agreement with the District by the District Commander. not be abandoned, stored or left Commander. (f) Unless authorized by the District unattended upon project lands or (e) Unauthorized livestock are subject Commander, smoking is prohibited in waters. After a period of 24 hours, or at to impoundment and removal in Visitor Centers, enclosed park buildings any time after a posted closure hour in accordance with Federal, state and local and in areas posted to restrict smoking. a public use area or for the purpose of laws. providing public safety or resource § 327.13 Explosives, firearms, other protection, unattended personal (f) Any animal impounded under the weapons and fireworks. provisions of this section may be property shall be presumed to be (a) The possession of loaded firearms, confined at a location designated by the abandoned and may be impounded and ammunition, loaded projectile firing District Commander, who may assess a stored at a storage point designated by devices, bows and arrows, crossbows, or reasonable impoundment fee. This fee the District Commander, who may other weapons is prohibited unless: shall be paid before the impounded assess a reasonable impoundment fee. (1) In the possession of a Federal, Such fee shall be paid before the animal is returned to its owner(s). state or local law enforcement officer; (g) Wild or exotic pets and animals impounded property is returned to its (2) Being used for hunting or fishing owner. (including but not limited to cougars, as permitted under Section 327.8, with lions, bears, bobcats, wolves, and (b) Personal property placed on devices being unloaded when Federal lands or waters adjacent to a snakes), or any pets or animals transported to, from or between hunting displaying vicious or aggressive private residence, facility and/or and fishing sites; developments of any private nature for behavior or otherwise posing a threat to (3) Being used at authorized shooting more than 24 hours without permission public safety or deemed a public ranges; or of the District Commander shall be nuisance, are prohibited from project (4) Written permission has been presumed to have been abandoned and, lands and waters unless authorized by received from the District Commander. the District Commander, and are subject (b) Possession of explosives or unless proven otherwise, such to removal in accordance with Federal, explosive devices of any kind, including presumption will be sufficient to state and local laws. fireworks or other pyrotechnics, is impound the property and/or issue a prohibited unless written permission citation as provided for in § 327.25. § 327.12 Restrictions. (c) The District Commander shall, by has been received from the District public or private sale or otherwise, (a) The District Commander may Commander. establish and post a schedule of visiting dispose of all lost, abandoned or hours and/or restrictions on the public § 327.14 Public Property. unclaimed personal property that comes use of a project or portion of a project. (a) Destruction, injury, defacement, into Government custody or control. The District Commander may close or removal or any alteration of public However, property may not be disposed restrict the use of a project or portion of property including, but not limited to, of until diligent effort has been made to a project when necessitated by reason of developed facilities, natural formations, find the owner, heirs, next of kin or public health, public safety, mineral deposits, historical and legal representative(s). If the owner, maintenance, resource protection or archaeological features, paleontological heirs, next of kin or legal other reasons in the public interest. resources, boundary monumentation or representative(s) are determined but not Entering or using a project in a manner markers and vegetative growth, is found, the property may not be disposed which is contrary to the schedule of prohibited except when in accordance of until the expiration of 120 days after visiting hours, closures or restrictions is with written permission of the District the date when notice, giving the time prohibited. Commander. and place of the intended sale or other (b) Quiet shall be maintained in all (b) Cutting or gathering of trees or disposition, has been sent by certified or public use areas between the hours of 10 parts of trees and/or the removal of registered mail to that person at the last p.m. and 6 a.m., or those hours wood from project lands is prohibited known address. When diligent efforts to designated by the District Commander. without written permission of the determine the owner, heirs, next of kin Excessive noise during such times District Commander. or legal representative(s) are which unreasonably disturbs persons is (c) Gathering of dead wood on the unsuccessful, the property may be prohibited. ground for use in designated recreation disposed of without delay except that if

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.044 pfrm07 PsN: 20JYP1 38860 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules it has a fair market value of $100 or waters are deemed navigable waters of appropriate fee may be charged under more the property may not be disposed the U.S. shall be issued under the the authority of § 327.23. of until 90 days after the date it is provisions of section 10 of the Rivers (b) The public shall not be charged received at the storage point designated and Harbors Act approved March 3, any fee by the sponsor of such event by the District Commander. The net 1899 (33 USC 403). If a discharge of unless the District Commander has proceeds from the sale of property shall dredged or fill material in these waters approved in writing (and the sponsor be conveyed into the Treasury of the is involved, a permit is required under has properly posted) the proposed United States as miscellaneous receipts. Section 404 of the Clean Water Act (33 schedule of fees. The District USC 1344). (See 33 CFR parts 320–330.) Commander shall have authority to § 327.16 Lost and found articles. (d) Permits for non-floating structures revoke permission, require removal of All articles found shall be deposited (issued under the authority of § 327.30) any equipment, and require restoration by the finder at the Manager’s office or of any kind in waters of water resources of an area to pre-event condition, upon with a ranger. All such articles shall be development projects, where such failure of the sponsor to comply with disposed of in accordance with the waters are under the management of the terms and conditions of the permit/ procedures set forth in § 327.15. Corps of Engineers and where such permission or the regulations in this § 327.17 Advertisement. waters are not deemed navigable waters part 327. of the United States, shall be issued as Advertising by the use of billboards, § 327.22 Unauthorized occupation. set forth in paragraph (b) of this section. signs, markers, audio devices, handbills, If a discharge of dredged or fill material (a) Occupying any lands, buildings, circulars, posters, or any other means into any water of the United States is vessels or other facilities within water whatsoever, is prohibited without involved, a permit is required under resource development projects for the written permission of the District section 404 of the Clean Water Act (33 purpose of maintaining the same as a Commander. Vessels and vehicles with USC 1344) (See CFR parts 320–330). full- or part-time residence without the semipermanent or permanent painted or Water quality certification may be written permission of the District installed signs are exempt as long as required pursuant to Section 401 of the Commander is prohibited. The they are used for authorized recreational Clean Water Act (33 USC 1341). provisions of this section shall not activities and comply with all other (e) Shoreline Use Permits to authorize apply to the occupation of lands for the rules and regulations pertaining to purpose of camping, in accordance with vessels and vehicles. private shoreline use facilities, activities or development (issued under the the provisions of § 327.7. § 327.18 Commercial Activities. authority of Section § 327.30) may be (b) Use of project lands or waters for (a) The engaging in or solicitation of issued in accordance with the project agricultural purposes is prohibited business on project land or waters Shoreline Management Plan. Failure to except when in compliance with terms without the express written permission comply with the permit conditions and conditions authorized by lease, of the District Commander is prohibited. issued under Section 327.30 is license or other written agreement (b) It shall be a violation of these prohibited. issued by the District Commander. regulations to refuse to or fail to comply § 327.20 Unauthorized structures. § 327.23 Recreation use fees. with any terms, clauses or conditions of any lease, license or agreements issued The construction, placement, or (a) In accordance with the Land and by the District Commander. existence of any structure (including, Water Conservation Fund Act of 1965 but not limited to, roads, trails, signs, (16 USC 460l) and the Omnibus Budget § 327.19 Permits. hunting stands or blinds, buoys, docks, Reconciliation Act of 1993, Pub. L. 103– (a) It shall be a violation of these or landscape features) of any kind 66, the Corps of Engineers collects day regulations to refuse to or fail to comply under, upon, in or over the project use fees, special recreation use fees and/ with the fee requirements or other terms lands, or waters is prohibited unless a or special permit fees for the use of or conditions of any permit issued permit, lease, license or other specialized sites, facilities, equipment under the provisions of this part 327. appropriate written authorization has or services related to outdoor recreation (b) Permits for floating structures been issued by the District Commander. furnished at Federal expense. (issued under the authority of § 327.30) The design, construction, placement, (b) Where such fees are charged, the of any kind on/in waters of water existence or use of structures in District Commander shall insure that resources development projects, violation of the terms of the permit, clear notice of fee requirements is whether or not such waters are deemed lease, license, or other written prominently posted at each area, and at navigable waters of the United States authorization is prohibited. The appropriate locations therein and that but where such waters are under the government shall not be liable for the the notice be included in publications management of the Corps of Engineers, loss of, or damage to, any private distributed at such areas. Failure to pay shall be issued at the discretion of the structures, whether authorized or not, authorized recreation use fees as District Commander under the authority placed on project lands or waters. established pursuant to Pub. L. 88–578, of this regulation. District Commanders Unauthorized structures are subject to 78 Stat. 897, as amended (16 USC 460l- will delineate those portions of the summary removal or impoundment by 6a), is prohibited and is punishable by navigable waters of the United States the District Commander. a fine of not more than $100. where this provision is applicable and (c) Failure to pay authorized day use post notices of this designation in the § 327.21 Special events. fees, and/or properly display applicable vicinity of the appropriate Manager’s (a) Special events including, but not receipt, permit or pass is prohibited. office. limited to, water carnivals, boat regattas, (d) Any Golden Age or Golden Access (c) Permits for non-floating structures fishing tournaments, music festivals, Passport permittee shall be entitled, (issued under the authority of § 327.30) dramatic presentations or other special upon presentation of such a permit, to of any kind constructed, placed in or recreation programs are prohibited utilize special recreation facilities at a affecting waters of water resources unless written permission has been rate of 50 percent off the established use development projects where such granted by the District Commander. An fee at Federally operated areas.

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Fraudulent use of a Golden Age or § 327.26 State and local laws. and Independence Avenue, SE, Golden Access Passport is prohibited. (a) Except as otherwise provided Washington, DC 20559–6000. herein or by Federal law or regulation, FOR FURTHER INFORMATION CONTACT: § 327.24 Interference with Government employees. state and local laws and ordinances David O. Carson, General Counsel, or shall apply on project lands and waters. Tanya M. Sandros, Attorney Advisor, (a) It is a Federal crime pursuant to This includes, but is not limited to, state Copyright Arbitration Royalty Panel the provisions of sections 111 and 1114 and local laws and ordinances (CARP), P.O. Box 70977, Southwest of Title 18, United States Code, to governing: Station, Washington, DC 20024. forcibly assault, resist, oppose, impede, (1) Operation and use of motor Telephone: (202) 707–8380 or Telefax: intimidate, or interfere with, attempt to vehicles, vessels, and aircraft; (202) 252–3423. kill or kill any civilian official or (2) Hunting, fishing and trapping; SUPPLEMENTARY INFORMATION: On employee for the U.S. Army Corps of (3) Use or possession of firearms or November 1, 1995, Congress passed the Engineers engaged in the performance of other weapons; Digital Performance Right in Sound his or her official duties, or on account (4) Civil disobedience and criminal Recordings Act of 1995 (‘‘Digital of the performance of his or her official acts; Performance Right Act’’), Pub. L. 104– duties. Such actions or interference (5) Littering, sanitation and pollution; 39, 109 Stat. 336. Among other things, directed against a Federal employee and (6) Alcohol or other controlled it confirms and clarifies that the scope while carrying out these regulations are substances. of the statutory license to make and also a violation of these regulations and (b) These state and local laws and distribute phonorecords of nondramatic may be a state crime pursuant to the ordinances are enforced by those state musical compositions, 17 U.S.C. 115, laws of the state where they occur. and local enforcement agencies includes the right to distribute or (b) Failure to comply with a lawful established and authorized for that authorize distribution by means of a order issued by a Federal employee purpose. digital transmission which constitutes a acting pursuant to these regulations [FR Doc. 99–18426 Filed 7–19–99; 8:45 am] ‘‘digital phonorecord delivery.’’ 17 shall be considered as interference with BILLING CODE 3710±92±U U.S.C. 115(c)(3)(A). A ‘‘digital that employee while engaged in the phonorecord delivery’’ is defined as performance of their official duties. ‘‘each individual delivery of a Such interference with a Federal LIBRARY OF CONGRESS phonorecord by digital transmission of employee includes failure to provide a a sound recording which results in a correct name, address or other Copyright Office specifically identifiable reproduction by information deemed necessary for or for any transmission recipient of a identification upon request of the 37 CFR Part 255 phonorecord of that sound recording Federal employee, when that employee [Docket No. 99±4 CARP DPRA] ** * .’’ 17 U.S.C. 115(d). is authorized by the District Commander The Digital Performance Right Act to issue citations in the performance of Digital Phonorecord Delivery Rate established that the rate for all digital the employee’s official duties. Adjustment Proceeding phonorecord deliveries (‘‘DPDs’’) made or authorized under a compulsory § 327.25 Violations of Rules and AGENCY: Copyright Office, Library of Regulations. license on or before December 31, 1997, Congress. was the same as the rate in effect for the (a) Any person who violates the ACTION: Notice of initiation of making and distribution of physical provisions of these regulations, other negotiation period. phonorecords for that period. 17 U.S.C. than for a failure to pay authorized 115(c)(3)(A)(i). For digital phonorecord recreation use fees as separately SUMMARY: The Copyright Office of the deliveries made or authorized after provided for in § 327.23, may be Library of Congress is announcing the December 31, 1997, the Digital punished by a fine of not more than initiation of the negotiation period for Performance Act established a two-step $5,000 or imprisonment for not more determining reasonable rates and terms process for determining the terms and than six months or both and may be for digital transmissions that constitute rates: either the copyright owners of tried and sentenced in accordance with a digital phonorecord delivery for the nondramatic musical works and those the provisions of section 3401 of Title period commencing January 1, 2001. persons entitled to obtain a license may 18, United States Code. Persons This negotiation period is intended to negotiate the rates and terms for the designated by the District Commander promote an industry-wide agreement as statutory license, or they may shall have the authority to issue a to the rates and terms for digital participate in a Copyright Arbitration citation for violation of these phonorecord deliveries. Royalty Panel (‘‘CARP’’) proceeding. 17 regulations, requiring any person DATES: The negotiation period begins on U.S.C. 115(c)(3)(A)–(D). Such rates and charged with the violation to appear July 20, 1999, and ends on December 31, terms, whether negotiated by the parties before the United States Magistrate 1999. Petitions for an arbitration for rate or determined by a CARP, are to within whose jurisdiction the affected adjustment must be filed during the year distinguish between ‘‘digital water resources development project is 2000. phonorecord deliveries where the located (16 USC 460d). ADDRESSES: If sent by mail, an original reproduction or distribution of a (b) Any person who commits an act and five copies of the petition should be phonorecord is incidental to the against any official or employee of the addressed to: Copyright Arbitration transmission which constitutes the U.S. Army Corps of Engineers that is a Royalty Panel (CARP), P.O. Box 70977, digital phonorecord delivery, and (ii) crime under the provisions of section Southwest Station, Washington, DC digital phonorecord deliveries in 111 or section 1114 of Title 18, United 20024. If hand delivered, an original general.’’ 17 U.S.C. 115(c)(2)(C)–(D). States Code or under provisions of and five copies of the petition should be This two-step process is to be repeated pertinent state law may be tried and brought to: Office of the Copyright ‘‘in each fifth calendar year after 1997,’’ sentenced as further provided under General Counsel, James Madison 17 U.S.C. 115(c)(3)(F), unless the parties Federal or state law, as the case may be. Memorial Building, Room LM–403, First agree to different years for the repeating

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.047 pfrm07 PsN: 20JYP1 38862 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules and concluding of such proceedings. 17 Copyright Office. Accordingly, the DATES: Written comments must be U.S.C. 115(c)(3)(B)–(F). petition shall detail petitioner’s interest received by August 19, 1999. The first proceeding to adjust the in the royalty rate sufficiently to permit ADDRESSES: royalty rates for the delivery of digital the Librarian of Congress to determine Comments should be phonorecords concluded earlier this whether the petitioner has a ‘‘significant addressed to: Andrew Steckel, year. In that proceeding, the parties interest’’ in the rate. The petition must Rulemaking Office (AIR–4), Air reached an industry-wide agreement also identify the extent to which the Division, U.S. Environmental Protection setting the rate for the delivery of digital petitioner’s interest is shared by other Agency, Region IX, 75 Hawthorne phonorecords and deferring until the owners and users; owners and users Street, San Francisco, CA 94105–3901. next scheduled rate adjustment with similar interests may file a joint Copies of the rules and EPA’s proceeding the determination of the rate petition. 37 CFR 251.62. Petitions evaluation report of each rule are for the delivery of a digital phonorecord should be filed with the Copyright available for public inspection at EPA’s where the reproduction or distribution Office during the year 2000. Region 9 office during normal business is incidental to the transmission which Dated: July 15, 1999. hours. Copies of the submitted rules are constitutes a digital phonorecord also available for inspection at the delivery. In accordance with § 251.63(b), David O. Carson, the Librarian published a notice in the General Counsel. following locations: Federal Register requesting public [FR Doc. 99–18489 Filed 7–19–99; 8:45 am] California Air Resources Board, comment on the proposed rates and BILLING CODE 1410±31±P Stationary Source Division, Rule terms. 63 FR 71249 (December 24, Evaluation Section, 2020 ‘‘L’’ Street, 1998). Upon receiving no comments Sacramento, CA 95812. opposing the rates and terms for the ENVIRONMENTAL PROTECTION Kern County Air Pollution Control delivery of digital phonorecords set AGENCY forth in the December 24, 1998, notice, District, 2700 M Street, Suite 302, the Librarian adopted the proposed rates 40 CFR Part 52 Bakersfield, CA 93301. and amended part 255 of the Copyright [CA 105±153; FRL±6378±8] Mojave Desert Air Quality Management Office’s rules accordingly. 64 FR 6221 District, 15428 Civic Drive, Suite 200, (February 9, 1999). The newly adopted Approval and Promulgation of State Victorville, CA 92392–2383. regulation requires that the two-step Implementation Plans; California State Ventura County Air Pollution Control process for adjusting the royalty rates be Implementation Plan Revision; Kern District, Rule Development Section, repeated in 1999 in order ‘‘to determine County Air Pollution Control District; 669 County Square Drive, Ventura, the applicable rates and terms * ** Mojave Desert Air Quality Management CA 93003. during the period beginning January 1, District; Ventura County Air Pollution 2001.’’ 37 CFR 255.7. Control District FOR FURTHER INFORMATION CONTACT: Max Fantillo, Rulemaking Office (AIR–4), Air Initiation of Voluntary Negotiations AGENCY: Environmental Protection Division, U.S. Environmental Protection Agency (EPA). Pursuant to sections 115(c)(3)(B)–(F) Agency, Region IX, 75 Hawthorne and § 255.7, the Copyright Office of the ACTION: Proposed rule. Street, San Francisco, CA 94105–3901, Library of Congress is initiating the Telephone: (415) 744–1183. voluntary negotiation period for the SUMMARY: EPA is approving revisions to determination of reasonable rates and the California State Implementation SUPPLEMENTARY INFORMATION: This terms for the delivery of digital Plan (SIP) which concern the control of document concerns Kern County Air phonorecords and the delivery of a oxides of nitrogen (NOX) emissions from Pollution Control District’s Rule 425.3, digital phonorecord where the cement kilns and electric power Portland Cement Kilns (Oxides of reproduction or distribution is generating facilities. Nitrogen); Mojave Desert Air Quality incidental to the transmission which The intended effect of this action is to Management District’s Rule 1158, regulate emissions of NOx in constitutes a digital phonorecord Electric Power Generating Facilities; accordance with the requirements of the delivery for the two-year period and Ventura County Air Pollution Clean Air Act, as amended in 1990 commencing January 1, 2001. The Control District’s Rule 59, Electric negotiation period shall run from the (CAA or the Act). In the Final Rules Section of this Federal Register, the Power Generating Equipment—Oxides date of publication of this notice in the of Nitrogen Emissions. These rules were Federal Register and end on December EPA is approving the state’s SIP submitted by the California Air 31, 1999. Such terms and rates shall submittal as a direct final rule without Resources Board to EPA on October 19, distinguish between (a) digital prior proposal because the Agency phonorecord deliveries where the views this as a noncontroversial 1994 (Rule 425.3) and March 10, 1998 reproduction or distribution of a revision and anticipates no adverse (Rule 1158 and Rule 59). For further phonorecord is incidental to the comments. A detailed rationale for this information, please see the information transmission which constitutes the approval is set forth in the direct final provided in the direct final action that digital phonorecord delivery, and (b) rule. If no adverse comments are is located in the rules section of this digital phonorecord deliveries in received, no further activity is Federal Register. general. contemplated. If EPA receives adverse Dated: June 29, 1999. comments, the direct final rule will be Laura K. Yoshii, Petitions withdrawn and all public comments In the absence of a license agreement received will be addressed in a Acting Regional Administrator, Region IX. negotiated under 17 U.S.C. 115(c)(3)(B)– subsequent final rule based on this [FR Doc. 99–18361 Filed 7–19–99; 8:45 am] (C), a party with a significant interest in proposed rule. The EPA will not BILLING CODE 6560±50±P establishing reasonable rates and terms institute a second comment period. Any for this compulsory license may file a parties interested in commenting should petition to convene a CARP with the do so at this time.

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ENVIRONMENTAL PROTECTION Environment, 2500 Broening Highway, proposal; presents a modified AGENCY Baltimore, Maryland, 21224. subcategorization approach; reviews FOR FURTHER INFORMATION CONTACT: technology options considered for 40 CFR Part 52 Artra B. Cooper, (215) 814–2096, at the regulation; and discusses other specific issues raised by commenters including: [MD063±3023b; FRL±6379±5] EPA Region III address above, or by e- mail at [email protected]. selection of pollutants proposed for Approval and Promulgation of Air SUPPLEMENTARY INFORMATION: For regulation, the costs associated with the Quality Implementation Plans; further information, please see the regulation, a low flow exclusion, and Maryland; Fuel Burning Equipment information provided in the direct final the applicability of the rule. EPA solicits action, with the same title, located in public comment on any of the issues or AGENCY: Environmental Protection the ‘‘Rules and Regulations’’ section of information presented in this notice of Agency (EPA). this Federal Register publication. data availability and in the ACTION: Proposed rule. administrative record supporting this Dated: July 8, 1999. notice. Thomas Voltaggio, SUMMARY: EPA proposes to approve the DATES: Submit your comments by State Implementation Plan (SIP) Acting Regional Administrator, Region III. September 20, 1999. revision submitted by the State of [FR Doc. 99–18359 Filed 7–19–99; 8:45 am] ADDRESSES: Submit comments to Mr. Maryland for the purpose of amending BILLING CODE 6560±50±P John Tinger at the following address: US the text of COMAR 26.11.06.05—Sulfur EPA, Engineering and Analysis Division Compounds from Other than Fuel (4303), 401 M. St. SW, Washington, DC ENVIRONMENTAL PROTECTION Burning Equipment. The technical 20460. amendment removes the term ‘‘fuel AGENCY The data and analyses being burning installations’’ and replaces it 40 CFR Part 442 announced today are available for with ‘‘fuel burning equipment.’’ The review in the EPA Water Docket at EPA intent of the regulation is to exempt fuel [FRL±6400±4] Headquarters at Waterside Mall, Room burning equipment (boilers) from the EB–57, 401 M. St. SW, Washington, DC general provisions found in this Data Availability; Effluent Limitations 20460. For access to the docket regulation because these units are Guidelines, Pretreatment Standards materials, call (202) 260–3027 between specifically regulated under COMAR and New Source Performance 9:00 a.m. and 4:00 p.m. for an 26.11.09—Control of Fuel Burning Standards for the Transportation appointment. A reasonable fee may be Equipment, Stationary Internal Equipment Cleaning Point Source charged for copying. Combustion Engines and Certain Fuel Category FOR FURTHER INFORMATION CONTACT: For Burning Installation. In the Final Rules additional technical information, section of this Federal Register, EPA is AGENCY: Environmental Protection contact Mr. John Tinger at (202) 260– approving the State’s SIP submittal as a Agency (EPA). 4992 or at the following e-mail address: direct final rule without prior proposal ACTION: Notice of data availability. [email protected]. For additional because the Agency views this as a SUMMARY: On June 25, 1998 (63 FR economic information contact Mr. noncontroversial submittal and 34685), EPA proposed technology-based George Denning at (202) 260–7374 or at anticipates no adverse comments. A effluent limitations guidelines, the following e-mail address: detailed rationale for the approval is set pretreatment standards, and new source [email protected]. forth in the direct final rule. If no performance standards for the discharge adverse comments are received in SUPPLEMENTARY INFORMATION: of pollutants into waters of the United response to this action, no further States and into publicly owned Contents of This Document activity is contemplated. If EPA receives treatment works (POTWs) by existing I. Purpose of This Notice adverse comments, the direct final rule and new facilities that perform II. Data Acquired Since the Proposal will be withdrawn and all public transportation equipment cleaning III. Concentration-Based Limitations comments received will be addressed in operations. Transportation equipment IV. Modification to Subcategorization a subsequent final rule based on this Approach cleaning (TEC) facilities are defined as proposed rule. EPA will not institute a V. Low Flow Exclusion facilities that generate wastewater from second comment period on this action. VI. Revision of Pollutant Loading Estimates cleaning the interior of tank trucks, Any parties interested in commenting VII. Discussion of Applicability Issues closed-top hopper trucks, rail tank cars, A. Coverage of IBCs on this action should do so at this time. closed-top hopper rail cars, intermodal B. Overlap With Other Guidelines DATES: Comments must be received in tank containers, inland tank barges, VIII. Modification to Pollutants Selected for writing by August 19, 1999. closed-top hopper barges, ocean/sea Regulation ADDRESSES: Written comments should tankers, and other similar tanks A. Oil and Grease and Non-Polar Material be addressed to Makeba A. Morris, as Indicator Parameters (excluding drums and intermediate bulk B. Pass Through of SGT–HEM Chief, Technical Assessment Branch, containers) used to transport materials IX. Technology Options Mailcode 3AP22, U.S. Environmental or cargos that come into direct contact A. Truck/Chemical & Petroleum Protection Agency, Region III, 1650 with the tank or container interior. Subcategory Arch Street, Philadelphia, Pennsylvania This notice presents a summary of 1. BPT, BCT, BAT, and NSPS for the 19103. Copies of the documents relevant data received in comments since the Truck/Chemical & Petroleum to this action are available for public proposal and an assessment of the Subcategory inspection during normal business usefulness of the data in EPA’s analyses; 2. PSES and PSNS for the Truck/Chemical hours at the Air Protection Division, presents new data collected by EPA to & Petroleum Subcategory B. Rail/Chemical & Petroleum Subcategory U.S. Environmental Protection Agency, support effluent limitations in the 1. BPT, BCT, BAT, and NSPS for the Rail/ Region III, 1650 Arch Street, Barge/Chemical & Petroleum Chemical & Petroleum Subcategory Philadelphia, Pennsylvania 19103; Subcategory; presents a change from the 2. PSES and PSNS for the Rail/Chemical & Maryland Department of the mass-based limits format of the Petroleum Subcategory

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C. Barge/Chemical & Petroleum reports, raw data results, and statistical based limits, since mass-based limits are Subcategory methodology are available for review in calculated on the basis of flow. 1. BPT, BCT, BAT, and NSPS for the Barge/ sections 17 and 21 of the supporting Based on these comments and due to Chemical & Petroleum Subcategory the potential difficulties of 2. PSES and PSNS for the Barge/Chemical record of this document. EPA & Petroleum Subcategory recalculated the BPT concentration- implementing mass-based limits, EPA D. Food Subcategory based effluent limitations and new will consider promulgating BPT, BCT, BAT, and NSPS for the Truck/ source performance standards for concentration-based limits for the final Food, Rail/Food, and Barge/Food biochemical oxygen demand (BOD) and regulation. Because of this possibility, Subcategories total suspended solids (TSS) based on EPA has presented revised effluent X. Presentation of Concentration-Based effluent data from these two facilities. limitations, pretreatment standards and Limitations new source performance standards as III. Concentration-Based Limitations I. Purpose of This Notice concentration-based standards for all EPA proposed to establish mass-based subcategories in tables at the end of this On June 25, 1998 (63 FR 34685), EPA notice. proposed regulations for the rather than concentration-based limits for the TEC industry, specified as grams Although EPA will consider Transportation Equipment Cleaning promulgating concentration-based Point Source Category. EPA has of pollutant per tank cleaned. Numerous stakeholders have identified potential limits, EPA believes that there would received numerous comments and data remain an economic incentive for submissions concerning the proposal. In difficulties with implementing mass- based limits as proposed. In proposing facilities to use as little water as this document, EPA is making these possible in their cleaning operations. In new data submissions available for mass-based limits, the Agency envisioned that the allowable discharge the cost model developed for the comment. Additionally, EPA is proposal, for example, EPA has assessed providing a discussion of additional by a facility would be based on the average number of tanks cleaned at that the cost to install water conservation analyses performed relating to specific measures as well as various end-of-pipe issues raised by commenters. EPA is facility on an annual basis. One of the main difficulties with this approach is wastewater treatment technologies. EPA also presenting a revised approach to has determined that the compliance cost several aspects of the proposal which the high variability in the number of tanks cleaned by a facility. The nature to the industry is generally less when received numerous comments. EPA water conservation measures are solicits comment on all revised of a service industry is such that a tank cleaning facility has little control over employed. EPA has therefore continued approaches that EPA will consider for to cost wastewater flow reduction as a final action. the number of tanks which are brought in to be cleaned on a daily, monthly, or component of treatment options in the II. Data Acquired Since the Proposal yearly basis. It is similarly difficult to truck and rail subcategories, even though it may decide to promulgate Since proposal, EPA has obtained predict the number of tanks that a facility will clean in an upcoming year. concentration-based limits. For the additional data and information from Barge/Chemical & Petroleum the industry, publicly owned treatment The Agency agrees with commenters that this variation may make it difficult Subcategory, however, EPA has works (POTWs), and the Agency’s eliminated costs for flow reduction continued data collection activities. The to develop appropriate mass-based limits for a facility. because of the high variability in Agency has included these data, wastewater volumes required for barge information, and the preliminary results Additionally, the Agency agrees with cleaning. of EPA’s evaluation in sections 15 stakeholders who have stated that the EPA solicits comment on setting through 22 of the supporting record of amount of wastewater necessary to concentration-based limitations. this document, available for review in clean a tank is dependent on several the Water Docket (see ADDRESSES factors which may make it difficult for IV. Modification to Subcategorization section). The industry and POTW a permitting authority to develop Approach information and data submittals are appropriate mass based limits. These In the proposal, the Agency solicited related to cost of treatment, pass factors may not have been fully comment on an approach to through of pollutants at POTWs, and accounted for in the Agency’s subcategorization that would combine site visit reports from several facilities calculation of the regulatory flow per the chemical and petroleum visited since proposal. The specific tank which was used to establish mass- subcategories. data, information, and comments based limits. For example, the amount The majority of stakeholders provided to EPA are discussed in detail of water necessary to clean a tank submitting comments supported throughout the following sections of this depends on the cargos accepted combining the petroleum and chemical document. (products such as molasses and tar will subcategories in order to facilitate The Agency collected treatment require more water), the type of tanks implementation of the rule. performance data from two additional cleaned (a tank with an interior frame Stakeholders have identified several Barge/Chemical & Petroleum facilities will require more water to clean), and specific examples of products and operating BPT/BAT treatment. The data the condition of the tank (some barges situations where it may be difficult to consisted of effluent self monitoring are only cleaned every few years and clearly determine whether a facility data for conventional pollutants over a may have accumulated significant would be subject to the chemical or one year period from both facilities, and amounts of residue which would petroleum limitations. EPA agrees that effluent self monitoring data for priority require greater volumes of water to the proposed definition of the pollutants over a one year period from clean). Because of the variation in the petroleum and chemical subcategories one facility, totaling approximately 190 water volumes which may be necessary are not as clear as the Agency would effluent data points. The facilities also to clean a tank, EPA agrees that the prefer. provided self monitoring data for regulatory flow per tank developed in One option to address this would be chemical oxygen demand (COD) at the the proposal may not be appropriate for for EPA to clarify the definitions of the influent to biological treatment over the some facilities. This in turn could lead petroleum and chemical subcategories, same time period. Complete site visit to inappropriate calculations of mass- and therefore to clarify the definitions of

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‘‘petroleum’’ and ‘‘chemical’’ cargos. In predominantly attributed to the low mass-based limits for each subcategory. this instance, EPA would have to make wastewater volumes generated from However, if EPA decides to promulgate the definitions much more specific to cleaning petroleum products. As concentration-based limits, address the numerous applicability discussed in Section V of this notice, subcategorization by transportation issues raised in comments by amending EPA is also considering a low flow mode is unnecessary and EPA will the definition or by specifically listing exclusion of 100,000 gallons per year of likely promulgate one set of limits for a significant number of products. EPA regulated TEC process wastewater. As all food subcategories. believes that this may not be the best stated above, one reason for not EPA solicits comments on the approach because it may increase regulating facilities in the petroleum alternative subcategorization approach confusion by creating a set of unwieldy subcategories was due to the low that combines the chemical and definitions which still may not be able pollutant loads generated by this petroleum subcategories for rail and to address all potential regulatory subcategory. Twenty eight of the 37 truck cleaning facilities. circumstances. facilities in the proposed Truck/ V. Low Flow Exclusion In addition, many parties requested Petroleum and Rail/Petroleum that EPA simplify the TEC rule so as to Subcategories discharge less than In the proposal, EPA considered create as little ambiguity as possible. Of 100,000 gallons of wastewater per year. establishing a minimum flow level for particular concern to affected parties These facilities also generate much less defining the scope of the regulation. was that EPA provide unambiguous, than 1% of the industry loadings EPA conducted an analysis of the loads straightforward definitions which calculated for proposal. Thus, EPA discharged by low flow facilities, but provide clear direction for continues to believe that the majority of concluded that these facilities implementation. Therefore, EPA does petroleum facilities do not merit discharged proportional loadings and not believe that augmenting the regulation. EPA believes that the therefore EPA did not propose a low definition of the petroleum and approach of excluding facilities on the flow exclusion. chemical subcategories would be the basis of flow rather than on the basis of Several commenters noted that the best option. cargo would result in a more lowest flow level EPA considered for an Due to concerns with implementing implementable regulation, and that exclusion was 2,000 gallons per day. the subcategorization approach as these changes would be consistent with They suggested that the Agency proposed and the support for this the rationale and conclusions reached in consider a flow exclusion based on a change by commenters, EPA will the proposal. lower level of wastewater generation. consider combining the petroleum and The combined result of the revised The commenters noted that several chemical subcategories. EPA believes subcategorization approach and low POTWs have successfully implemented that this approach may provide the most flow exclusion is that one model facility low flow exclusions of 300 to 500 unambiguous and implementable (representing nine facilities) excluded at gallons per day. In order to address subcategorization scheme. proposal would be added to the Truck/ these comments, EPA conducted an However, EPA realizes that combining Chemical & Petroleum Subcategory. analysis to determine the effect of a low these subcategories would have the This model facility was evaluated as a flow exclusion at 100,000 gallons per consequence of bringing 37 petroleum small business in the impacts analysis year of regulated TEC process facilities which the Agency had and Small Business Regulatory wastewater. This equates to previously concluded did not merit Enforcement Fairness Act (SBREFA) approximately 400 gallons per day regulation under coverage of the TEC panel report and review (section 12, (assuming 250 days of operation), as rule. In the proposal, EPA tentatively DCN T10301 of the proposed record) was suggested by the commenters. EPA decided not to establish limits for the and dischargers approximately 200,000 believes that an exclusion based on petroleum subcategories due to the low gallons per year of TEC wastewater. annual flow is more appropriate than pollutant loadings associated with this This facility does not experience closure daily flow due to the potential daily segment of the industry. One of the as a result of compliance costs in the variation in wastewater generation rates. greatest differences in wastewater Truck/Chemical & Petroleum Based on this analysis, EPA found characteristics between the chemical Subcategory. In addition, one model that 28 of 37 facilities in the proposed and petroleum subcategories was the facility (representing 11 facilities) Truck/Petroleum and Rail/Petroleum amount of wastewater generated from previously regulated in the Truck/ Subcategories would qualify for the low tank cleaning. Generally, petroleum Chemical Subcategory would be flow exclusion. Additionally, 11 facilities generate significantly less excluded from the regulation. indirect discharging Truck/Chemical water than chemical facilities. For In the Rail/Chemical & Petroleum facilities and eight indirect discharging example, 288 truck chemical facilities Subcategory, two model facilities Rail/Chemical facilities would qualify generated 708 million gallons per year (representing 8 facilities) previously for the exclusion. One model direct of interior cleaning wastewater (average covered at proposal would be excluded discharging Barge/Chemical & of 2.5 million gallons per facility per from the regulation if EPA adopts the Petroleum facility (representing three year), compared to 34 truck petroleum low flow exclusion. The complete facilities) would be excluded because facilities which generated 2.5 million revised costs, loads, and impacts for the the majority of wastewater generated at gallons per year (average of 74,000 subcategories are discussed in section this facility is subject to another gallons per facility per year). For the rail IX of this document. categorical standard, and the facility facilities, 38 chemical grade facilities In addition to combining the chemical generates a small amount of TEC generated 91 million gallons per year and petroleum subcategories, EPA will wastewater incidental to its main (average of 2.4 million gallons per also consider combining the Truck/ business. facility per year) compared to three Food, Rail/Food, and Barge/Food As discussed in section IV, EPA will petroleum facilities which generated Subcategories. In the proposal, consider combining the chemical and 2,800 gallons per year (average of 930 subcategorization was necessary petroleum subcategories for the Truck gallons per facility per year). The low because the truck, rail, and barge and Rail segments of the industry. EPA pollutant loadings associated with the facilities had different regulatory flows therefore analyzed the low flow petroleum subcategories can be per tank which resulted in different exclusion in terms of this combined

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.059 pfrm07 PsN: 20JYP1 38866 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules subcategorization. EPA determined that environmental effects of an exclusion detects for coumaphos and azinphos the loads from the facilities discharging set at this flow level and may consider ethyl, which accounted for 74% of the less than 100,000 gallons per year such an exclusion for the final rule. pound equivalent removals in the generated much less than 1% of the Truck/Chemical Subcategory Option II, VI. Revision of Pollutant Loading total loads for the entire truck and rail both had this data qualifier. In these Estimates subcategories. instances, commenters argued that the Due to the very low loadings In the proposal, the Agency calculated presence of the pesticides and associated with facilities discharging pollutant loadings for each regulatory herbicides in the analytical samples less than 100,000 gallons per year, EPA option in each subcategory based on the may be the result of matrix interference will consider adopting a low flow set of pollutants effectively removed by due to the low quantification levels. exclusion from this regulation for the the treatment technology. These Consequently, EPA reviewed the data TEC guideline. Additionally, EPA has loadings were then used for evaluating to confirm that the target analytes were received comments from commercial the various technology options in each appropriately identified and quantified. and manufacturing facilities that may subcategory. EPA reviewed laboratory calculations; clean a small number of tanks which In order to determine the list of compared the database, summary hard may not clearly qualify for the exclusion pollutants effectively removed, EPA copy, and raw data results for of manufacturing facilities. EPA believes used a set of editing criteria to identify transcription errors; double checked all that the adoption of a low flow pollutants of interest in the subcategory, QC data; and evaluated the exclusion will have the benefit of and to determine which pollutants were chromatograms and other raw data. EPA providing flexibility to these facilities effectively treated by the regulatory concluded that all calculations were which may be unsure of their regulatory option. In general, pollutants were only correct and no transcription errors were status under the TEC guideline. included in the analysis if they were present among the raw data, summary EPA envisions that the low flow detected in raw wastewater samples level, and database results. Blank results exclusion would apply to any facility from more than one facility, were showed no signs of contamination, and which discharges less than 100,000 detected at an average concentration at all calibration verification and ongoing gallons per year of regulated TEC least five times the minimum level of precision and recovery results were process wastewater. Regulated TEC quantification (ML), and were removed within acceptable limits. In addition, wastewater includes only wastewater by 50% or more in the proposed surrogate standards, which are spiked generated from a regulated TEC treatment option. These criteria were into each of the field samples, generated subcategory. Process wastewater used to ensure that the pollutants were acceptable recoveries. An evaluation of includes all wastewaters associated with present at treatable concentrations in the chromatograms for these samples cleaning the interiors of tanks including, raw wastewaters, and that the presence confirmed that azinphos ethyl and but not limited to: tank trucks; rail tank of the pollutant was representative of coumophos were appropriately cars; intermodal tank containers; inland the industry’s wastewater, as described identified within the respective tank barges; and ocean/sea tankers used in section VIII.C of the proposal. retention time windows of both the to transport commodities or cargos that In the proposal, EPA described that it primary and secondary columns. The come into direct contact with the tank used a modified set of editing criteria results of this analysis, including the or container interior. TEC process for pesticide and herbicide pollutants chromatograms, are available for review wastewaters also include wastewater than was used for the other pollutants. in section 17.2 of the supporting record generated from washing vehicle Due to the relative toxicity of some for this document. exteriors, equipment and floor pesticides and herbicides even at low In instances where the values washings, and TEC-contaminated levels, the Agency proposed that any obtained from the primary and stormwater. The revised costs and loads pesticide or herbicide detected in any secondary columns differed, the final discussed in section IX of this document raw wastewater sample be considered a result reported in the database and used reflect the deletion of model facilities pollutant of interest. No other editing for all Agency calculations is the lower that discharge less than 100,000 gallons criteria were used to determine if a of the two values. This only affected raw per year of regulated TEC process pesticide or herbicide was a pollutant of wastewater values because effluent wastewater. interest for the industry. wastewater concentrations were Facilities discharging less than Many commenters were concerned generally found below the 100,000 gallons per year of regulated that the pesticides and herbicides quantification level, and were therefore TEC process wastewater will remain account for a large portion of the toxic set at the ML. Therefore, EPA has subject to limitations and standards loads in the Truck/Chemical and Rail/ consistently used the lowest of the established on a case by case basis using Chemical Subcategories. Several potential sampling values for best professional judgement by the commenters disagreed with the determining the raw wastewater permitting authority. adoption of modified screening criteria concentrations, and has used the highest EPA requests comment on the low and questioned whether these pesticides of the potential sampling values for flow exclusion from this regulation of and herbicides were actually present in effluent concentrations. This is a 100,000 gallons per year. EPA raw wastewaters. Specifically, several of conservative approach that likely results additionally requests comment on the pesticides and herbicides which in a low bias in subsequent pollutant alternative low flow exclusions between contributed a significant portion of the reduction estimates. 100,000 and 500,000 gallons per year. toxic loadings were detected at only one Although the Agency has confirmed EPA notes that an exclusion set at or two facilities, and/or were found at the presence of these analytes in 200,000 gallons per year would exclude levels only slightly above the ML. Also, wastewater samples, the Agency agrees the one remaining model facility in the commenters noted in several instances with commenters that there are Truck/Chemical & Petroleum that the laboratory results from the concerns about the level of certainty Subcategory that EPA did not originally primary and secondary columns that can be achieved when such low intend to regulate as part of the differed by more than a factor of three, quantification levels are involved. This proposed Truck/Petroleum Subcategory. thereby resulting in a ‘‘best obtainable’’ is a particular concern due to the EPA will analyze the economic and qualification of these data. Notably, the significant impact that pesticide and

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.060 pfrm07 PsN: 20JYP1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules 38867 herbicide removals had on the to 3000 liters (793 gallons) capacity. as compared to that from drums and calculation of toxic loadings. Therefore, Although EPA did not have data to tank trucks. As several commenters the Agency is considering applying the calculate the loads associated with IBC noted, most IBCs are cleaned at facilities same editing criteria to pesticides and cleaning, EPA assumed that the loadings which have historically cleaned either herbicides as were established in the generated from IBC cleaning were not a drums or tank trucks, and IBC proposal for all other pollutants. significant portion of the loadings of the wastewater is therefore commingled In this case, EPA would only consider TEC industry. EPA based this with drums or tank truck cleaning those pollutants detected at more than assumption on several data wastewater. For this reason, EPA was one wastewater characterization sample comparisons. First, based on responses unable to obtain wastewater sampling and at an average concentration at least to the 1994 detailed questionnaire data which would be representative of five times the ML as a potential (section 6.3. DCN T09842 of the wastewater generated solely from pollutant effectively removed. Although proposed record), EPA estimated that cleaning IBCs. EPA has concluded that pollutants such 84,500 IBCs per year were cleaned by In terms of the amount of heel as azinphos ethyl and coumophos are the TEC industry. This accounted for contained in an IBC, one commenter indeed present in TEC wastewaters, only 3% of the units cleaned at TEC who supports coverage of IBCs said that EPA also believes that it may be facilities. Second, EPA assumed that IBCs typically contain between 0.5 to appropriate to utilize the same criteria wastewater generated from IBCs is two gallons of heel. In comparison, a for pesticide/herbicide pollutants as similar to that of the drum tank truck typically contains one to two were used in the proposal for all non- reconditioning industry. EPA reasoned gallons of heel, but may contain up to pesticide/herbicide parameters. that IBCs were being used as a five to 10 gallons of heel for more EPA has therefore re-evaluated its list replacement for 55 gallon drums, and viscous products. Another commenter of pollutants effectively removed for that the cargos being transported in IBCs who supports no regulation for IBCs each subcategory, applying the were similar to those being transported noted that IBCs that have carried applicable criteria to pesticides and in drums. Therefore, resulting IBC hazardous waste must contain less than herbicides. Under this approach, several wastewater would be expected to be one gallon of residue to be processed by pesticides and herbicides would be similar to that of drum reconditioning a reconditioner, less than one inch of deleted from the list of pollutants wastewater. EPA had conducted The heel (typically 1.6 gallons) for more effectively removed. This would in turn Preliminary Data Summary for the Drum viscous products for containers less significantly decreased the toxic pound Reconditioning Industry (EPA 440/1– than 110 gallons, or less than 0.3% equivalents attributed to raw and treated 89/101 September 1989), and EPA residue for containers greater than 110 TEC wastewaters. concluded at that time that the industry gallons (approximately 0.83 gallons for In section VIII of the proposal, EPA did not merit national regulation. Drum a 275-gallon IBC) to be considered also discussed analytical results for reconditioning facilities were therefore RCRA empty. dioxins and furans in raw wastewater not considered within the scope of the The 1994 questionnaire for the TEC for the TEC industry. EPA did not TEC guideline, and EPA concluded that industry gave similar results, with tank include dioxins and furans in the IBCs should also be excluded from the trucks containing <1 to 9 gallons of heel loadings calculations because EPA scope of this guideline. for non-food grade products, and IBCs assumed that these were isolated, site- EPA has received comments which containing <1 to 2 gallons of heel. EPA specific instances. EPA received several have both agreed and disagreed with the has not received any comments on comments disagreeing with the Agency’s proposal to exclude IBCs from whether or not the cargos transported in Agency’s assumption. In response to the scope of the TEC regulation. The IBCs are similar or dissimilar to those this, EPA re-evaluated the presence of most significant comments received on transported by drum or tank truck. dioxins and furans in wastewater based the IBC issue have described the Based on site visits and conversations with the National Tank Truck Carriers on the standard editing criteria changes in the industry since EPA’s data Association, EPA believes that all truck described above. EPA found that several collection efforts. In 1989, the facilities which clean IBCs treat IBC and pollutants met the editing criteria to be Preliminary Data Summary for the Drum tank washwater in the same wastewater considered a pollutant effectively Reconditioning Industry did not collect treatment system, indicating that IBC removed, and EPA has therefore any data on IBCs because so few IBCs and tank washwater contain similar included several dioxin and furan were being used by the industry. By constituents in terms of treatability. removals in the loadings calculations. 1994, according to responses to the Personnel at these sites also indicated The revised removals of toxic pound detailed questionnaire for the TEC that they see no significant difference in equivalents by each technology option industry, over 84,000 IBCs were being the types of cargos transported in IBCs are presented in section IX of this cleaned at TEC facilities. Data submitted or tank trucks. EPA believes that all document. EPA solicits comment on the by commenters have shown that IBC cleanings have increased dramatically drum reconditioning facilities that clean revised methodology for calculating in each year since EPA’s survey. Based IBCs also treat IBC and drum washwater pollutant removals. on data provided in comments, EPA in the same wastewater treatment VII. Discussion of Applicability Issues now believes that there are up to several system. million IBCs being cleaning annually. Based on the increase in IBC cleaning A. Coverage of IBCs In the preamble, EPA solicited and on the heel generation rate from In the proposal, EPA indicated that it comment on the loads associated with IBCs, EPA no longer believes that did not intend to regulate wastewater IBC cleaning, and on the assumption wastewater generated from IBC generated from Intermediate Bulk that IBC wastewater was similar to drum cleanings represents an insignificant Containers (IBCs) for several reasons reconditioning wastewater. Although no amount of pollutant loadings. discussed in the preamble and in the commenters provided data on the raw The Association of Container report prepared by the Small Business wastewater characteristics of IBC Reconditioners argued that IBCs should Advocacy Review Panel. IBCs were cleaning wastewater, several be considered industrial packaging units defined in the proposal as portable commenters did provide information on and should be regulated similarly to containers with 450 liters (119 gallons) the amount of heel associated with IBCs drums because IBCs are closer in nature

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.061 pfrm07 PsN: 20JYP1 38868 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules to drums than to tank trucks. The reconditioning industry, there may be equipment and monitoring requirements commenter argued that IBCs (typically an interim period where wastewater to treat IBC wastewater would increase 275 gallons) are closer in volume to from IBC cleaning at tank truck facilities by a maximum of $1.10 per cleaning, drums (55 gallons) than tank trucks may incur additional costs while representing less than 2% cost increase (typically 3,000 gallons), and that IBCs wastewater from IBC cleaning at drum for the most conservative assumption. are replacing drums, not tank trucks, in reconditioning facilities would not Based on this analysis, EPA believes the industry because of their increased incur this cost. This may have an impact that the cost increase to clean IBCs will efficiency and ability to be re-used. The on the market for IBC cleaning if the not have a significant impact on the commenter further stated that this costs are significant. competitive ability of tank truck carriers designation is consistent with policies EPA conducted a market analysis to compete for the IBC cleaning market. developed by the Department of based on the TEC cost model, data EPA solicits comment on the Transportation, which includes IBCs submitted in comments, and data assumptions, methodology, and with drums as industrial packaging gathered by EPA since the proposal. The conclusions of the market analysis units. complete analysis can be found in conducted by EPA on the effect of not EPA agrees that IBCs are more similar section 20 of the regulatory record in including IBCs within the scope of the to drums than transportation support of this document. EPA does not TEC regulation. EPA solicits any equipment, and continues to believe have sufficient data to compare the information on the price of IBC that wastewater generated from IBC number of IBC cleanings conducted by cleaning, the volume of wastewater cleaning is outside the scope of this TEC affected tank truck facilities to the generated from IBCs, the economic guideline. However, EPA does agree number of IBC cleanings conducted at importance of IBC cleaning to affected with commenters that IBC wastewater facilities unaffected by the guideline. facilities, and the relative market shares may represent more loadings than was Therefore, EPA relied on an analysis of of different types of facilities engaged in originally considered at proposal. Due the incremental compliance cost of IBC IBC cleaning. to this, EPA is conducting a preliminary cleaning that would result from this B. Overlap With Other Guidelines evaluation of the industrial repackaging rule, and compared that to the potential industry, which includes cleaning market effects that this increase would EPA has received numerous drums and IBCs, to determine if this have on TEC facilities. comments from industrial facilities that industry merits development of national In order to determine the incremental are concerned that they may be affected categorical wastewater regulation at a cost per gallon of wastewater treated as by the TEC guideline. In the proposal, later date. Wastewater generated from a result of the TEC regulation, EPA EPA noted that there may be instances IBC cleaning will remain subject to divided the facility-specific annualized when the TEC guideline may overlap limitations and standards established on compliance costs by the facility’s annual with other categorical effluent a case by case basis using best baseline wastewater flow. The guidelines. professional judgement by the incremental cost for IBC cleaning was In the proposal, EPA explained that it permitting authority. determined by assuming that 100 does not intend to cover manufacturing One issue that was raised in gallons of wastewater generated per IBC facilities which clean their own comments by the National Tank Truck cleaning would be treated at the transportation equipment and treat the Carriers Association (NTTC) as a result facility’s treatment system. EPA wastewater in their treatment system. of EPA proposing to exclude IBCs was estimated 100 gallons per cleaning EPA has outlined its rationale for the the issue of market competition. NTTC based on facility site visits, comments exclusion of manufacturing facilities in argues that tank truck cleaners would received on the proposal, and the 308 the proposal. This rationale includes: (1) suffer a competitive disadvantage from Detailed Questionnaire. The That wastewater generated from tank the IBC cleaning business if tank trucks incremental costs are a result of the cleaning operations at manufacturing were required to comply with the additional operation and maintenance facilities is typically a very small regulation but IBCs were not covered by costs associated with this wastewater percentage of the total flow, (2) that tank the regulation. The commenter argued flow. This is consistent with an cleaning wastewater is typically that a tank truck facility would be assumption that the primary business of included in the coverage of the subject to effluent guidelines and that TEC facilities is cleaning tank trucks, applicable categorical standard, and (3) IBC wastewater generated at the facility and that capital equipment for that the characteristics of the tank would therefore also be subject to the wastewater pollutant control is installed cleaning wastewater are similar in guidelines, thereby increasing the cost for, and effluent monitoring is treatability to the wastewater generated of IBC cleaning at tank truck facilities as performed for, tank truck cleaning. at the rest of the facility. compared to the cost at drum Based on this analysis, EPA estimates EPA has proposed to define the reconditioning facilities. EPA agrees that the average cost increase incurred exclusion for manufacturing facilities by that most tank truck facilities by tank truck facilities to clean an IBC excluding those facilities covered, or commingle wastewater generated from as a result of this regulation would be proposed to be covered, under other IBC and tank cleaning for treatment, and $0.38 per IBC. This represents a cost Clean Water Act categorical standards. that IBC wastewater would therefore be increase of less than 1% for IBC This has excluded most manufacturing subjected to guidelines established for cleaning at TEC facilities, assuming an facilities in operation, including the TEC industry. NTTC further argues average cost per cleaning of $65 to $100. facilities covered under Organic that a facility not subject to the TEC For a sensitivity analysis, EPA also Chemicals, Plastics and Synthetic Fibers guideline, such as a drum looked at the total post-tax annualized (OCPSF) (40 CFR part 414); Centralized reconditioning facility, is not subject to compliance costs (including annualized Waste Treatment (CWT) (proposed 40 national effluent guidelines and capital and monitoring costs in addition CFR part 437, 60 FR 5464, January therefore may not incur a similar cost to operating and maintenance costs) to 27,1995; supplemental proposal 64 FR increase for IBC cleaning. EPA realizes determine an upper bound estimate of 8, January 13, 1999); Dairy Products that, even if the Agency decides to incremental IBC cleaning costs. For this Processing Point Source Category (40 establish effluent limitations, guidelines analysis, EPA found that the full CFR part 405); Inorganic Chemicals and standards for the container compliance costs of installing capital Manufacturing Point Source Category

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(40 CFR part 415); and Petroleum production activities on behalf of the accepts off site cargos for cleaning Refining Point Source Category (40 CFR first company. Toll manufacturers often should be excluded because the part 415). perform one step in a customer’s multi- wastewater generated from these cargos Based on the data collected in step process, such as production of an may not be compatible with the preliminary studies for certain intermediate, and are often an integral treatment system in place and may not industries (e.g., Chemical Formulators, part of the supply chain for the be compatible with the existing Packagers, and Repackagers, Paint customer’s final product. Raw materials discharge limitations established for Formulators), EPA determined that used by toll manufacturers are often that facility. Additionally, this blanket development of effluent guidelines was provided by the primary manufacturer exclusion could allow a manufacturing not necessary. TEC wastewaters and the toller returns the intermediate facility to become a for-profit tank generated by these facilities in these along with any by-products and waste cleaner without comparable industries are excluded from the materials. environmental controls. applicability of this rule. Commenters also provided input on Although EPA is not providing a In addition, EPA further qualified the manufacturing agreements that are part blanket exclusion for manufacturing exclusion by stating that the exclusion of divestitures, partnerships, or joint- facilities, EPA will consider a low flow applies only to facilities which clean ventures. Commenters felt that exclusion of 100,000 gallons per year for ‘‘tanks containing cargos or manufacturing complexes that have TEC wastewaters as discussed in section commodities generated or used on-site, individual operating units or have V. EPA believes the exclusion would or by a facility under the same corporate created joint venture partnerships under provide some flexibility to structure.’’ EPA used this qualifier to separate legal ownership should still be manufacturing facilities which clean ensure that a manufacturing facility considered ‘‘on-site’’ for the purposes of small numbers of tanks which may not does not become a commercial TEC the TEC rulemaking, provided: The fit into the strict definition given for the operation without being subject to this facilities continue to manufacture the exclusion of tank cleaning operations at rulemaking, and that the excluded same products and generate the same manufacturing facilities. facility only cleans those cargos which wastewater destined for the same on-site EPA is considering the following are compatible with the existing treatment system, including TEC language to exclude these wastewater treatment system. wastewater. Any infrastructure manufacturing facilities: ‘‘The final TEC Based on comments received on the operations such as waste treatment and limitations do not apply to wastewaters proposed rule, EPA believes that it TEC operations continue to be provided associated with tank cleanings operated should consider making the exclusion to the new company per an agreement in conjunction with other industrial or somewhat broader in order to established at the time of divestiture or commercial operations so long as the encompass TEC activities which fall formation of the joint venture facility only cleans tanks that have within EPA’s rationale for exclusion, yet partnership. contained raw materials, by-products which may fall outside the definition of In each of these cases, commenters and finished products that are ‘‘on-site’’ or ‘‘same corporate structure.’’ believe that the wastewaters generated associated with the facility’s on-site Commenters have identified several from performing TEC activities is very processes.’’ On-site means the areas which EPA intends to address in similar to that generated by the primary contiguous and non-contiguous this exclusion: product stewardship manufacturing facility. If TEC property within the established activities, tolling or contract wastewaters are returned to the primary boundary of a facility. manufacturing operations, and manufacturing facility, or TEC With regard to the overlap with the manufacturing agreements that are part wastewaters are generated from cleaning Metal Products and Machinery (MP&M) of divestitures, partnerships, or joint- tanks containing materials returned to guideline, EPA has also received ventures. the primary manufacturer, these numerous comments, many of them Several commenters to the proposed facilities should be considered under asking the Agency to more clearly rule indicated that product stewardship the control of the primary manufacturer distinguish an MP&M facility from a activities are intended to promote and excluded from the TEC regulation. TEC facility. recycling and reuse of products, and to EPA believes that these activities In the proposal, EPA stated that reduce the environmental impact of satisfy the proposed exclusion rationale facilities which are predominately chemical products. Product stewardship because: (1) TEC wastewater comprises engaged in MP&M operations and clean activities may include taking back: a very small percentage of flow, (2) TEC barges, railcars, or tank trucks as part of spent, used, or unused products; wastewater is typically included in the those activities are proposed to be containers (i.e., those used for shipping) coverage of the applicable categorical regulated by the MP&M guideline and with product residues; off-specification standard, and (3) TEC wastewater are excluded from this guideline. EPA products; and waste materials from use characteristics are similar in treatability has received numerous comments of products. Where possible, these to wastewater generated by other facility asking EPA to more clearly define what materials are recovered and reused in operations. Therefore, EPA will is meant by ‘‘predominantly engaged.’’ chemical processes at the manufacturing consider excluding TEC wastewater One commenter suggested that EPA plants. Returned materials that are not generated at manufacturing facilities use flow as a basis for the reusable, or residues that remain after which have resulted from product determination; facilities should be reuse, are usually treated or disposed in stewardship activities, tolling or covered under the guideline that the existing on-site wastewater contract manufacturing operations, and generates the largest flow volume. treatment system, incinerator, or placed manufacturing agreements that are part Although this would be a relatively in an appropriately regulated landfill. of divestitures, partnerships, or joint- straightforward definition, EPA does not Tolling or contract manufacturing ventures. believe that flow volume represents the operations are described by commenters However, EPA is rejecting the best method for determining TEC or as an arrangement used in the chemical comment that all manufacturing MP&M applicability. EPA believes that industry to enable a company to facilities simply be excluded from the the activities performed at the site (both contract with a second company (i.e., a TEC guideline. EPA does not believe tank cleaning and maintenance and ‘‘toller’’) to engage in specified that a manufacturing facility which repair), and the objective of those

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.064 pfrm07 PsN: 20JYP1 38870 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules activities, have a more significant VIII. Modification to Pollutants Tetradecane. EPA has primarily made impact on the total final effluent loads Selected for Regulation this determination based on the similar and wastewater characteristics than the In the proposal, EPA solicited, and chemical structure of these parameters actual flow volume generated. has received, numerous comments from which indicate that they will behave However, EPA does agree with stakeholders on the pollutants selected similarly in a treatment system. EPA commenters that the Agency needs to for regulation in each subcategory. EPA believes that HEM and SGT–HEM are further clarify when a facility is to be is considering several changes based on the best indicators for demonstrating subject to the TEC guidelines or the the comments received. The tables in treatment effectiveness for this range of pollutants with similar chemical MP&M guidelines. Therefore, EPA has section X present limitations and characteristics. attempted to further define wastewaters standards for the revised set of EPA has reviewed the treatment subject to the TEC guideline, according pollutants EPA will consider for to the following: effectiveness data collected in support regulation. EPA solicits comment on the of this regulation, and has found that Wastewater generated from cleaning list of analytes being considered for the treatment effectiveness of these tank interiors for the purposes of regulation in all subcategories. parameters is strongly correlated to the maintenance and repair on the tank is A. Oil and Grease and Non-Polar treatment effectiveness of HEM and considered MP&M process wastewater Material as Indicator Parameters SGT–HEM. In cases where HEM and and is subject to the MP&M guideline. SGT–HEM were effectively controlled, EPA has revised the name of ‘‘total Facilities which clean tank interiors all of the previously discussed petroleum hydrocarbons’’ in Method solely for the purposes of repair and pollutants were treated to very low 1664 to ‘‘non-polar material’’ to indicate maintenance would be solely regulated levels, often at the detection limit. For that the new test method is different under the MP&M guideline. example, PSES/PSNS Option II in the from previous versions. (64 FR 26315, Wastewater generated from cleaning Rail/Chemical & Petroleum Subcategory, May 14, 1999). Non-polar materials are tank interiors for purposes of shipping consisting of oil/water separation and products (i.e., cleaned for purposes measured by Silica-gel Treated n- dissolved air flotation. This system other than maintenance and repair) is Hexane Extractable Material (SGT- achieved a 98% removal for HEM and considered TEC process wastewater and HEM). Oil and Grease continues to be 97% removal for SGT–HEM. Treatment is subject to the TEC guideline. If EPA synonymous with the Method 1664 for effectiveness for the straight chain promulgates a 100,000 gallons per year n-Hexane Extractable Material (HEM). hydrocarbons listed above averaged low flow exclusion, only facilities EPA received numerous comments 98% across the same system and were which discharge more than 100,000 from POTWs, industry trade all treated to non-detect levels. gallons per year of TEC process associations, and affected facilities Treatment effectiveness in the Barge/ wastewater would be subject to the TEC suggesting that EPA use oil and grease Chemical & Petroleum Subcategory guideline. (measured as HEM) and total petroleum demonstrated similar results. hydrocarbons (now referred to as ‘‘non- It is possible that a facility may be Additionally, EPA reviewed data polar materials’’ measured as SGT– collected for the Effluent Limitations subject to both the TEC regulations and HEM) as indicator pollutants for straight the MP&M regulations. If a facility Guidelines and Pretreatment Standards chain hydrocarbons proposed for for the Industrial Laundries Point generates wastewater from MP&M regulation. In the proposal, EPA activities which are subject to the Source Category (62 FR 242, December proposed to regulate HEM for direct 17, 1997, proposed 40 CFR part 441), MP&M guideline and also discharges discharging facilities, and SGT–HEM for wastewater from cleaning tanks for which conducted a characterization indirect discharging facilities. As study of the HEM and SGT–HEM test purposes other than repair and discussed in section XIII.G of the maintenance of those tanks, then that methods. This study was performed to proposal, EPA recognizes the distinction determine what individual constituents facility may be subject to both between edible oils (such as animal fats guidelines. are measured by the analytical methods, and vegetable oils) included in the HEM and is available for review in section 16 At the time of proposal, EPA included analysis, and petroleum based oils as of the regulatory record for the all facilities which would potentially be measured by the SGT–HEM analysis. As Industrial Laundries Effluent Guideline. covered by the MP&M guideline in the discussed in section VIII.B of this This data demonstrates that the analysis of costs and impacts due to the document, EPA has deemed SGT–HEM previously mentioned pollutants were uncertainty of the classification of these to pass through a POTW due to the found to be measured by the HEM and facilities. Based on the new definition, prevalence of petroleum based SGT–HEM test methods, thus which EPA believes more clearly compounds. supporting EPA’s conclusion that HEM defines an MP&M facility, EPA has Many commenters argued that straight and SGT–HEM are good indicators of collected additional data on those chain hydrocarbons are components of these pollutants. facilities which indicated in the 308 HEM and SGT–HEM, and that their survey that they perform a predominant regulation would be redundant and B. Pass Through of SGT–HEM amount of MP&M activities. Based on would impose additional, unnecessary EPA received one comment which this data, EPA determined that several costs on the industry. EPA agrees with disagreed with the Agency’s pass facilities proposed to be covered by the the commenters that HEM and SGT– through conclusion for SGT–HEM. The TEC rule would now not be affected by HEM are good indicator parameters for commenter stated that SGT–HEM is the TEC rule. These facilities have been a number of pollutants proposed for adequately treated by POTWs or does excluded from EPA’s analyses, the regulation. EPA believes that the not pass through and thus should not be results of which are described in section following pollutants would be regulated. IX of this document. adequately controlled through the In the proposal, EPA did not have EPA solicits comment on the revised regulation of HEM and SGT–HEM: n- actual data for removals of SGT–HEM in applicability language of the rule, Hexadecane, n-Tetradecane, n-Decane, a POTW. Instead, EPA relied on the including the definition ‘‘MP&M n-Docosane, n-Dodecane, n-Eicosane, n- methodology developed in the generated wastewaters.’’ Octadecane, n-Tetracosane, and n- Industrial Laundries proposal, which

VerDate 18-JUN-99 16:26 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\20JYP1.XXX pfrm02 PsN: 20JYP1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules 38871 calculated a removal rate based on SGT– data clearly demonstrates a correlation use of less expensive analytical HEM constituents. One commenter, the between oil and grease and the methods. County Sanitation Districts of Los pollutants listed in section VIII.B. 1. BPT, BCT, BAT and NSPS for the Angeles County, disagreed with this Therefore, EPA believes that SGT–HEM Truck/Chemical & Petroleum approach and submitted five days of does pass through a POTW, and Subcategory influent and effluent SGT–HEM using furthermore that HEM and SGT–HEM Method 1664. This information was also can be used as effective indicator In the proposal, EPA evaluated the submitted and evaluated for the parameters. following treatment options: Proposed Effluent Limitations, Option I: Flow Reduction, Equalization, IX. Technology Options Guidelines, and Standards for the Oil/Water Separation, Chemical Industrial Laundries Point Source In the proposal, EPA considered Oxidation, Neutralization, Category (62 FR 242, December 17, establishing 11 sets of effluent Coagulation, Clarification, Biological 1997). limitations, pretreatment standards or Treatment, and Sludge Dewatering. Of the five days of data, only three of new source performance standards for Option II: Flow Reduction, Equalization, the days contained usable paired data six subcategories. EPA received many Oil/Water Separation, Chemical for calculating SGT–HEM removals. comments suggesting that EPA simplify Oxidation, Neutralization, Two of the five days of data could not the proposal in order to ease the Coagulation, Clarification, Biological be used because one day had an effluent implementation burden of the rule. In Treatment, Activated Carbon value greater than the influent value, this document, EPA has described Adsorption, and Sludge Dewatering. and the other day did not have a several regulatory alternatives, EPA proposed to establish BPT limits reported influent concentration. A including the use of concentration- based on Option II, and to establish limitation of the three remaining paired based limits, a low flow exclusion, BCT, BAT, and NSPS equivalent to BPT. data sets that were used to calculate the combining the chemical and petroleum In the proposal, EPA stated that all percent removal for SGT–HEM was that subcategories and combining the Truck/ model facilities have equalization, the sets did not result in a precise Food, Rail/Food, and Barge/Food coagulation/clarification, biological estimate, but only a lower bound Subcategories, which EPA believes will treatment, and activated carbon in estimate. Because the effluent simplify the TEC rule. EPA has also place. Two of the three facilities in the concentrations were below the method considered the effects of clarification of cost model have sufficient treatment in detection level, a percent removal could scope in evaluating costs and loadings place and only costs for additional only be calculated as ‘‘greater than’’ and in evaluating the proposed monitoring are attributed to these technology options. some value. The greater than values facilities. The third facility was costed ranged from 37.5 percent to 73.7 A. Truck/Chemical & Petroleum for flow reduction, sludge dewatering, percent. For the purpose of this Subcategory and monitoring. Flow reduction and document, EPA used the daily data with sludge dewatering generates net cost the highest influent concentration, As mentioned previously, EPA will consider combining the proposed savings for the facility’s entire treatment resulting in a percent removal estimate train. In addition, these net cost savings of 74 percent for the revised pass- Truck/Chemical and Truck/Petroleum Subcategories. EPA will also consider a are larger than the monitoring costs through evaluation. incurred by the other two facilities. The percent removal for SGT–HEM low flow exclusion of 100,000 gallons per year. The results presented in this EPA is not considering any changes to using one day of data from LA County the option selected for this subcategory. (the day with the highest influent section reflect these potential changes. The revised concentration-based limits concentration) is 74 percent, compared EPA is re-evaluating the proposed for Option II are presented in section X to 65 percent POTW removal used in options in this subcategory in response of this document. the proposed rule. This value is still to comments received on the proposal. significantly lower than the 99% The major changes that have affected 2. PSES and PSNS for the Truck/ removal achieved by preferred BPT this analysis include revising the list of Chemical & Petroleum Subcategory pollutants effectively removed and treatment technologies evaluated in the In the proposal, EPA evaluated two adjusting the cost model. Revisions to Rail/Chemical & Petroleum and Barge/ treatment options, consisting of: Chemical & Petroleum Subcategories. the cost model were made based on EPA believes SGT–HEM has been comments received and based on a Option I: Flow Reduction, Equalization, demonstrated to pass through, and that thorough review of the model by EPA. Oil/Water Separation, Chemical SGT–HEM is a good indicator parameter The complete list of revisions to the cost Oxidation, Neutralization, for a number of toxic and model can be found in section 19.1 of Coagulation, Clarification, and Sludge nonconventional pollutants as the regulatory record. In summary, EPA Dewatering. Option II: Flow Reduction, Equalization, discussed in section VIII.B. In addition, increased several cost factors, increased Oil/Water Separation, Chemical the use of a relatively inexpensive capital and annual costs for activated Oxidation, Neutralization, monitoring method for SGT–HEM carbon, increased the size (and Coagulation, Clarification, Activated justifies regulating SGT–HEM rather associated costs) of equalization tanks, Carbon Adsorption, and Sludge than individually regulating the host of corrected several cost model Dewatering. pollutants controlled by such a inaccuracies identified in the proposal limitation. rulemaking record, revised the In response to comment, EPA is Additionally, several commenters methodology to credit treatment in presenting the following additional from industry as well as POTW place, and removed flow reduction for option in this notice: representatives have requested that EPA some facilities. EPA also significantly Option A: Flow Reduction, use oil and grease and SGT–HEM as reduced the monitoring costs associated Equalization, Oil/Water Separation. indicator parameters for a number of with compliance due to the selection of Option A was determined to have a other pollutants. As discussed above, indicator parameters (further discussed post tax annualized cost of $5.5 million EPA has reviewed the data from in section VIII.B) to replace specific ($8.6 million pre-tax) for 286 affected sampling episodes, and believes that the pollutants proposed for regulation, and facilities. Option I cost $9.1 million

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($14.3 million pre-tax) and Option II per year. The results presented in this All parameters proposed for cost $19.9 million ($31.2 million pre- section reflect these potential changes. regulation, with the exception of oil and tax) annualized. EPA is re-evaluating the proposed grease and N-Dodecane, were treated to EPA projects that there will be no options in this subcategory in response the same level at Options I, II and III. adverse economic impacts for any to comments received on the proposal. As discussed in section VIII.B., EPA is option when a positive cost pass The major changes that have affected no longer considering regulating N- through assumption is made. However, this analysis include revising the list of Dodecane. For oil and grease, EPA EPA has also looked at the conservative pollutants effectively removed and would transfer effluent limitations from assumption of no cost pass through, adjusting the cost model. Revisions to BPT biological treatment operated in the which resulted in seven closures at the cost model were made based on Barge/Chemical & Petroleum Option II and no closures at Option I. comments received and based on a Subcategory because EPA does not have Option A is projected to remove 1,700 thorough review of the model by EPA. treatment data for a biological system toxic pound-equivalents, while Option I The complete list of revisions to the cost operated in the Rail/Chemical & removes 26,000 and Option II removes model can be found in section 19.1 of Petroleum Subcategory. Therefore, the 42,000 toxic pound-equivalents. the regulatory record. In summary, EPA effluent limitation established for oil EPA does not believe that the lower increased several cost factors, corrected and grease would be based on biological cost Option A demonstrated significant several cost model inaccuracies treatment which has been demonstrated removals of toxics to justify its selection identified in the proposal rulemaking to achieve significant removals. Effluent as a regulatory option. Option A was record, revised the methodology to limitations for oil and grease based on considerably less cost effective than credit treatment in place, and removed Options II or III would not be Option I. Additionally, EPA received flow reduction for some facilities. EPA significantly different than those comments from pretreatment also significantly reduced the established for Option I, and EPA authorities, including the Association of monitoring costs associated with therefore projects no additional benefits Metropolitan Sewerage Agencies compliance due to the selection of for Option III incremental to Option I. (AMSA), which argued that oil/water indicator parameters (further discussed EPA believes that there are few separation alone is not effective for in section VIII.B) to replace specific additional pollutant removals to be achieving concentration standards for pollutants proposed for regulation, and achieved by establishing NSPS based on the pollutants which may be discharged use of less expensive analytical Option III. EPA will therefore consider by tank cleaning operations. methods. establishing NSPS equivalent to BPT, BCT, and BAT at Option I. Option II was not demonstrated to 1. BPT, BCT, BAT and NSPS for the EPA solicits comment on establishing achieve significant reductions Rail/Chemical & Petroleum Subcategory incremental to Option I for any NSPS equivalent to BAT for the Rail/ pollutant proposed for regulation. The In the proposal, EPA evaluated three Chemical & Petroleum Subcategory. The majority of the additional pound- treatment options, consisting of: revised concentration-based limits for equivalent removals achieved at Option Option I: Flow Reduction, Oil/Water Option I are presented in section X of II were due to the removal of a pesticide Separation, Equalization, Biological this document. not proposed for regulation and not Treatment, and Sludge Dewatering. 2. PSES and PSNS for the Rail/Chemical contributing to the monetized benefits. Option II: Flow Reduction, Oil/Water & Petroleum Subcategory EPA estimates that implementation of Separation, Equalization, Dissolved Option I will result in monetized Air Flotation (with Flocculation and In the proposal, EPA considered three benefits of $2.7 million to $9.4 million pH Adjustment), Biological Treatment options for PSES and PSNS: (1994 dollars) annually. EPA estimates and Sludge Dewatering. Option I—Flow Reduction, Oil/Water that Option II will not result in any Option III: Flow Reduction, Oil/Water Separation. significant additional benefits Separation, Equalization, Dissolved Option II—Flow Reduction, Oil/Water incremental to Option I. Air Flotation (with Flocculation and Separation, Equalization, Dissolved EPA proposed to establish PSES and pH Adjustment), Biological Air Flotation (with Flocculation and PSNS on Option II. Due to the high costs Treatment, Organo-Clay/Activated pH Adjustment), and Sludge and potential economic impacts Carbon Adsorption, and Sludge Dewatering. associated with Option II, and due to Dewatering. Option III—Flow Reduction, Oil/Water the significant removals of regulated EPA proposed Option I for BPT, and Separation, Equalization, Dissolved parameters achieved by Option I, EPA proposed to establish BCT and BAT Air Flotation (with Flocculation and will consider establishing PSES and equivalent to BPT. EPA proposed to pH Adjustment), Organo-Clay/ PSNS based on Option I. establish Option III for NSPS. Activated Carbon Adsorption, and The pretreatment standards that As discussed in section VIII.B.1.c of Sludge Dewatering. would result based on Option I the proposal, EPA evaluated the costs, EPA proposed Option I for PSES and technology are presented in section X of loads, and impacts of one model direct Option III for PSNS. As discussed in this document. EPA solicits comment discharging facility which currently has section VIII.B.5.d of the preamble, the on the revised costs, benefits, and equalization, pH adjustment, biological economic impacts to the industry economic impacts associated with these treatment and a filter press in place. played a large role in EPA’s selection of options. Because EPA is considering adopting Option I for pretreatment standards. concentration based standards, the EPA noted that its preliminary B. Rail/Chemical & Petroleum model facility no longer incurs costs for conclusion was that the Rail/Chemical Subcategory flow reduction. EPA estimates that the facilities would not be able to absorb the As mentioned previously, EPA will cost of implementing Option I is for cost of installing Option II levels of consider combining the proposed Rail/ monitoring costs only, totaling treatment without incurring significant Chemical and Rail/Petroleum approximately $7,000 annually; and that economic impacts. Subcategories. EPA will also consider a Option II costs $57,000 annualized, and EPA received several comments on low flow exclusion of 100,000 gallons Option III costs $85,000 annualized. the pollutant control technologies

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At the time of proposal, EPA many commenters have expressed preamble to the proposal describes noted that there was only one identified concern about the discrepancy in EPA’s cost effectiveness analysis in facility discharging to a POTW. Since treatment technology proposed for the section X. EPA uses cost effectiveness to the proposal, several model facilities rail and truck facilities. Several evaluate the relative efficiency of each that previously discharged to surface commenters have argued that the option in removing toxic pollutants. waters have begun discharging or plan wastewater characteristics are similar Option I is projected to remove 6,500 to discharge wastewater to a POTW. for truck and rail facilities, and that the pound-equivalents, Option II will EPA is also considering several changes treatment options should therefore be remove 7,100 pound-equivalents, and in response to comment that include similar for facilities which potentially Option III will remove 7,600 pound- revising the list of pollutants effectively compete with each other. equivalents. The average cost removed and adjusting the cost model. In the proposal, EPA also noted this effectiveness of Option I is $83 (1981 As discussed in section II of this notice, discrepancy, and noted that there were dollars) per pound-equivalent removed. EPA has also collected data from two many similarities between the truck and The incremental cost effectiveness of additional facilities operating BAT rail subcategory wastewaters, and that moving from Option I to Option II is the most significant reason for treatment. EPA has used this data, $533 per pound-equivalent removed, which represents each facilities proposing dissimilar technology options and the incremental cost effectiveness of in the truck and rail subcategories was performance over a one year period, to moving from Option II to Option III is develop Long Term Averages (LTAs) due to economic considerations. EPA’s $1,282 per pound-equivalent removed. analysis showed that several rail and variability factors for BOD and TSS. EPA will consider establishing PSES Revisions to the cost model were facilities were unable to incur the costs and PSNS based on Option II. Option II made based on comments received and of a more stringent regulatory option achieves a significant reduction in toxic based on a thorough review of the without sustaining significant economic loadings and results in no facility impacts. However, many of the rail model by EPA. Additionally, the cost closures. Furthermore, EPA believes it is model has been adjusted to reflect the facilities included in this analysis will appropriate to establish similar levels of qualify for the low flow exclusion for changes in long term averages for BOD control for the Rail/Chemical & TEC wastewater. Many of these facilities and TSS. The complete list of revisions Petroleum Subcategory and the Truck/ which discharge low volumes of TEC to the cost model can be found in Chemical & Petroleum Subcategory, and wastewater would not be affected by the section 19.1 of the regulatory record. In will therefore consider establishing TEC rule if EPA adopts a low flow summary, EPA increased several cost PSES and PSNS at Option II, which is exclusion. EPA has therefore removed factors, corrected several cost model analogous to Option I in the Truck/ these facilities from its analysis, which inaccuracies identified in the proposal Chemical & Petroleum Subcategory. has in turn affected the total costs, rulemaking record, revised the loads, and economic impacts of the In addition, EPA notes that the total methodology to credit treatment in technology options. costs for Option II presented today are place, and removed flow reduction. EPA EPA estimates that Option I will have roughly equivalent to the costs also significantly reduced the an annualized cost of $0.54 million estimated for Option I at proposal. This monitoring costs associated with ($0.82 million pre-tax), Option II will is primarily due to EPA reducing the compliance due to the selection of cost $0.93 million ($1.4 million pre-tax), burden of the regulation through indicator parameters (further discussed and Option III will cost $1.5 million reduced monitoring requirements and in section VIII.B) to replace specific ($2.3 million pre-tax). EPA projects that the consideration of a low flow pollutants proposed for regulation, and Option I and Option II will result in exclusion. use of less expensive analytical annual benefits of $51,000 to $270,000. EPA notes that the cost of Option II methods. For Options I, II, and III, EPA presented in today’s notice is nearly 1. BPT, BCT, BAT and NSPS for the anticipates no closures at even the most 70% higher than the costs for Option I Barge/Chemical & Petroleum conservative assumption of no cost pass presented today, and the corresponding Subcategory through, and anticipates no revenue or increase in pound-equivalents removed The Agency’s engineering assessment employment impacts when a positive is approximately 10%. Option II is also of BPT consisted of the following cost pass-through is assumed for associated with some additional options: Options I or II. For the most economic impacts not incurred at Option I: Flow Reduction, Oil/Water conservative zero cost pass through Option I. Notwithstanding the reasons Separation, Dissolved Air Flotation, assumption, EPA calculates that Option described above supporting Option II, Filter Press, Biological Treatment, and II would result in 18 facilities EPA will also consider establishing Sludge Dewatering. experiencing revenue impacts of 1% PSES and PSNS based on Option I. Option II: Flow Reduction, Oil/Water and six facilities experiencing impacts EPA solicits comment on the revised Separation, Dissolved Air Flotation, of 3%. The less costly Option I would costs, benefits, and economic impacts Filter Press, Biological Treatment, result in 15 facilities experiencing associated with this subcategory and on Reverse Osmosis, and Sludge revenue impacts of 1% and no facilities the appropriate technology basis for Dewatering. experiencing impacts of 3%. At both pretreatment standards for new and EPA proposed Option I for BPT, and options, six of the facilities experiencing existing sources. The revised proposed to establish BCT, BAT and 1% revenue impacts are small concentration-based limits for Option II NSPS equivalent to BPT. EPA estimates businesses. Option III would result in 22 are presented in section X of this the revised annualized costs for Option facilities experiencing revenue impacts document. I at $82,000 ($134,000 pre-tax) and

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Option II at $316,000 ($494,000 pre-tax). achieved by the model indirect BPT, BCT, BAT and NSPS for the The costs to the industry have decreased discharging Barge/Chemical & Truck/Food, Rail/Food, and Barge/Food significantly for several reasons. One, Petroleum facilities. EPA was able to Subcategories EPA is no longer costing flow reduction evaluate effluent discharge EPA considered the following BPT as a required component of the concentrations of BOD, TSS, and Oil & options for the food subcategories: regulation because EPA may not Grease from each of these model Option I—Flow Reduction and Oil/ establish mass based limits. Two, facilities. EPA did not have the data to Water Separation. several model facilities which did not evaluate the discharge concentrations of Option II—Flow Reduction, Oil/Water employ biological treatment at proposal other parameters. Based on the Separation, Equalization, Biological have switched discharge status; and discharge concentrations of these Treatment and Sludge Dewatering. three, EPA has reduced the monitoring conventionals, EPA believes that all The revised costs, loads, economic burden of the rule due to the use of model indirect discharging facilities are impacts, cost reasonableness, and indicator parameters. EPA determined meeting the levels of control that would environmental benefits for BPT, BCT, that neither Option will result in any be established under PSNS. Although and BAT have not changed significantly closures, revenue, or employment EPA does not generally establish since the proposal, and EPA is therefore losses. technology based pretreatment EPA estimates that both Option I and not considering any changes to the standards for conventionals, EPA options selected for the food Option II removes 19,000 pounds of believes that these parameters BOD and TSS. Based on the treatment subcategories. demonstrate a level of control similar to The revised concentration-based technologies in place at the model the systems being proposed for NSPS at limits for Option II are presented in facilities, EPA believes at this time that Option II, and that the effluent section X of this document. the regulation will not result in concentrations of other pollutants of significant incremental removals of X. Presentation of Concentration-Based interest would also be controlled toxic pollutants. EPA predicts that Limitations similarly. Option II would not result in any The following tables present the Therefore, EPA estimates that the cost additional removal of toxic pounds numerical standards that would be of implementing PSES standards because most pollutants are already adopted based on the revisions treated to very low levels, often equivalent to PSNS would be solely for described in this section and throughout approaching or at non-detect levels, by increased monitoring costs, totaling this document. The data and the technology utilized by Option I. EPA approximately $60,000 annually. EPA methodology is located in section 21 of therefore continues to believe that BPT, believes that all indirectly discharging the regulatory record. The data and BCT, BAT, and NSPS should be based facilities have sufficient treatment in methodology is the same as proposed on Option I levels of control. The place to prevent pass through or with several exceptions. One, EPA has revised concentration-based limits for interference and are predicted to be calculated concentration instead of Option I are presented in section X of meeting standards that would be mass-based limits. Two, EPA has used this document. established under PSES. EPA predicts data from two additional Barge/ 2. PSES and PSNS for the Barge/ that there would be no incremental Chemical & Petroleum facilities in the Chemical & Petroleum Subcategory removals or benefits associated with calculation of BOD and TSS limits, as The Agency’s engineering assessment establishing PSES standards. EPA discussed in section II of this document. of PSNS consisted of the following therefore believes that it will continue Third, EPA has used the pollutant- options: to establish PSNS standards based on specific variability factor where Option I—Flow Reduction, Oil/Water Option II, and that it will continue not available, and then calculated fraction Separation, Dissolved Air Flotation, to establish PSES standards. and group level variability factors by and In-Line Filter Press. EPA solicits comment on the taking a median of all pollutants Option II—Flow Reduction, Oil/Water conclusion that all indirect discharging effectively removed in a chemical class, Separation, Dissolved Air Flotation, Barge/Chemical & Petroleum facilities rather than using the median of only In-Line Filter Press, Biological have treatment in place sufficient to those pollutants selected for regulation Treatment, and Sludge Dewatering. prevent pass through or interference at in a chemical class. EPA believes this Option III—Flow Reduction, Oil/Water a POTW. revised methodology is appropriate Separation, Dissolved Air Flotation, because the Agency believes that all In-Line Filter Press, Biological D. Food Subcategory pollutants in a chemical class will Treatment, Reverse Osmosis, and behave similarly, regardless of whether Sludge Dewatering. EPA proposed to establish separate or not it is selected for regulation. EPA EPA proposed Option II for PSNS. subcategories for the Barge/Food, Truck/ requests comment on this conclusion EPA did not propose PSES standards for Food, and Rail/Food subcategories due and on the revision to its methodology. the Barge/Chemical & Petroleum to the differences in water generated per Fourth, EPA has used technology Subcategory because EPA identified cleaning by truck, rail, and barge transfer to establish PSES standards for only one facility discharging to a POTW. facilities. The different volumes of SGT–HEM in the Truck/Chemical & However, since the proposal, EPA has wastewater were used to establish Petroleum Subcategory. As in the identified four facilities which distinct mass-based limits in each of the proposal, EPA has continued to use previously discharged directly to subcategories. However, EPA will technology transfer to establish BPT surface waters and have since either consider establishing concentration- limits for conventional pollutants BOD, switched or plan to switch discharge based instead of mass-based limits, and TSS, and oil and grease in the Truck/ status. EPA now estimates that there are EPA will therefore consider establishing Chemical & Petroleum and Rail/ five facilities in EPA’s model which one set of concentration limits for all Chemical & Petroleum Subcategories. discharge wastewater to a POTW. food grade facilities. EPA is continuing EPA does not have sampling data EPA evaluated the treatment in place to consider Option II as BPT, BCT, BAT, from a facility operating BPT biological and levels of control currently being and NSPS. treatment in either the Truck/Chemical

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& Petroleum or Rail/Chemical & and grease than EPA considered in the The proposed mass-based standards Petroleum Subcategories. Therefore, proposed limitations. Therefore, EPA were published in the Federal Register EPA will consider transferring effluent will consider transferring standards for Notice of Proposed Rulemaking (63 FR limitations for BOD, TSS, and oil and SGT–HEM from similar treatment 34685) and the associated grease from a biological system in the technologies operated in the Rail/ concentration-based standards were Barge/Chemical & Petroleum Chemical & Petroleum Subcategory. As presented in appendix E.1 through E.7 Subcategory. mentioned previously, this system of the Statistical Support Document of EPA proposed pretreatment standards consisted of oil water separation Proposed Effluent Limitations for SGT–HEM in the Truck/Chemical followed by DAF and achieved 98% Guidelines and Standards for the Subcategory based on the data from two removal of HEM for wastewater that had Transportation Equipment Cleaning Truck/Chemical facilities. However, an influent concentration of 1,994 mg/ Industry. Concentration based limits are EPA feels that the SGT–HEM standards L. EPA believes that technology transfer again presented in the tables below for developed for this subcategory may not the purposes of review and comment. In of SGT–HEM would establish be achievable because the raw sections XV and XVI of the proposal, limitations that would be achievable for wastewater concentrations at these EPA outlined its requirements for facilities were 65 mg/L and 61 mg/L, all facilities in the Truck/Chemical & submission of additional monitoring whereas the average raw wastewater Petroleum Subcategory. As discussed in data which may be used in support of concentration for this subcategory was section VIII, EPA will consider using this guideline. EPA will continue to measured to be 1,600 mg/L. EPA is HEM (for direct dischargers) and SGT– analyze monitoring data, statistical aware that some facilities in the Truck/ HEM (for indirect dischargers) as methodologies, and pass-through Chemical & Petroleum Subcategory may indicator pollutants for several other analysis for regulated pollutants prior to be generating wastewater with constituents in the Truck/Chemical & the final promulgation of effluent significantly higher concentrations of oil Petroleum Subcategory. limitations and pretreatment standards.

TABLE 1-TRUCK/CHEMICAL & PETROLEUM SUBCATEGORY: BPT, BCT, BAT, AND NSPS CONCENTRATION-BASED LIMITATIONS FOR DISCHARGES TO SURFACE WATERS

[mg/L] Pollutant or pollutant property Maximum for any one day Monthly average

BOD5 ...... 61 22 TSS ...... 58 26 Oil and Grease (HEM) ...... 36 16 pH ...... Shall be in the range of 6.0 to 9.0 pH units Chromium ...... 0.055 N/A Copper ...... 0.14 N/A Zinc ...... 0.037 N/A Bis (2-ethylhexyl) phthalate ...... 0.032 N/A

TABLE 2ÐTRUCK/CHEMICAL & PETROLEUM SUBCATEGORY: PSES AND PSNS CONCENTRATION-BASED LIMITATIONS FOR DISCHARGES TO POTWS

[mg/L] Pollutant or pollutant property Maximum for any one day

Non-polar Material (SGT-HEM) ...... 26. pH ...... Shall be in the range of 6.0 to 9.0 pH units. Chromium ...... 0.055. Copper ...... 0.143. Zinc ...... 0.037 Bis (2-ethylhexyl) phthalate ...... 0.032.

TABLE 3ÐRAIL/CHEMICAL & PETROLEUM SUBCATEGORY: BPT, BCT, BAT AND NSPS CONCENTRATION-BASED LIMITATIONS FOR DISCHARGES TO SURFACE WATERS

[mg/L] Pollutant or pollutant property Maximum for any one day Monthly average

BOD5 ...... 61 22 TSS ...... 58 26 Oil and Grease (HEM) ...... 36 16 pH ...... Shall be in the range of 6.0 to 9.0 pH units Fluoranthene ...... 0.076 N/A Phenanthrene ...... 0.341 N/A

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TABLE 4.ÐRAIL/CHEMICAL & PETROLEUM SUBCATEGORY: PSES AND PSNS CONCENTRATION-BASED LIMITATIONS FOR DISCHARGES TO POTWS

[mg/L] Pollutant or pollutant property Maximum for any one day

Non-polar Material (SGT±HEM) ...... 26. pH ...... Shall be in the range of 6.0 to 9.0 pH units. Fluoranthene ...... 0.076.

TABLE 5.ÐBARGE/CHEMICAL & PETROLEUM SUBCATEGORY: BPT, BCT, BAT, AND NSPS CONCENTRATION-BASED LIMITATIONS FOR DISCHARGES TO SURFACE WATERS

[mg/L] Pollutant or pollutant property Maximum for any one day Monthly average

BOD5 ...... 61 22 TSS ...... 58 26 Oil and Grease (HEM) ...... 36 16 pH ...... Shall be in the range of 6.0 to 9.0 pH units Cadmium ...... 0.014 N/A Chromium ...... 0.42 N/A Copper ...... 0.10 N/A Lead ...... 0.11 N/A Nickel ...... 0.58 N/A Zinc8.3 ...... N/A 1-Methylphenanthrene ...... 0.11 N/A Bis (2-ethylhexyl) phthalate ...... 0.071 N/A

TABLE 6.ÐBARGE/CHEMICAL & PETROLEUM SUBCATEGORY: PSNS CONCENTRATION-BASED LIMITATIONS FOR DISCHARGES TO POTWS

[mg/L] Pollutant or pollutant property Maximum for any one day

Non-polar Material (SGT-HEM) ...... 22. pH ...... Shall be in the range of 6.0 to 9.0 pH units. Cadmium ...... 0.014. Chromium ...... 0.42. Copper ...... 0.10. Lead ...... 0.11. Nickel ...... 0.58. Zinc ...... 8.3. 1-Methylphenanthrene ...... 0.11. Bis (2-ethylhexyl) phthalate ...... 0.071.

TABLE 7.ÐFOOD SUBCATEGORY: BPT, BCT AND NSPS CONCENTRATION-BASED LIMITATIONS FOR DISCHARGES TO SURFACE WATERS

[mg/L] Pollutant or pollutant property Maximum for any one day Monthly average

BOD5 ...... 56 24 TSS ...... 225 86 Oil and Grease (HEM) ...... 20 8.8 pH ...... Shall be in the range of 6.0 to 9.0 pH units.

XI. Solicitation of Comments petroleum subcategories for rail and range of 100,000 to 500,000 gallons per 1. EPA solicits comment on setting truck cleaning facilities. (Section IV). year. (Section V). concentration-based limitations. 3. EPA requests comment on the low 4. EPA solicits comment on the (Section III). flow exclusion from the TEC regulation revised methodology for calculating 2. EPA solicits comments on the of 100,000 gallons per year and on pollutant removals. (Section VI). alternative subcategorization approach alternative low flow exclusions in the 5. EPA solicits comment on the that combines the chemical and assumptions, methodology, and

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.072 pfrm07 PsN: 20JYP1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules 38877 conclusions of the market analysis propose to refine the method for time of occupancy on any channel will conducted by EPA on the effect of not measuring the processing gain of direct not be greater than 0.4 second within a including IBCs within the scope of the sequence systems. This action is taken 30 second period. HRFWG’s proposal TEC regulation. EPA solicits any to facilitate the continued development will allow systems using 5 MHz information on the price of IBC and deployment of spread spectrum channels to operate with output power cleaning, the volume of wastewater technology, particularly for high data no more than 23 dBm and channel generated from IBCs, the economic rate wireless applications. occupancy time no greater than 0.02 importance of IBC cleaning to affected DATES: Comments must be filed on or second per hop. Each of the 75 hopping facilities, and the relative market shares before October 4, 1999, and reply channels will be used at least once of different types of facilities engaged in comments must be filed on or before during a 1.5 second period. Again, the IBC cleaning. (Section VII.A). November 2, 1999. average occupancy time on any channel 6. EPA solicits comment on the ADDRESSES: Address all comments will remain 0.4 second or less per 30 revised applicability language of the concerning this proposed rule to the second period. rule, including the definition ‘‘MP&M Commission’s Secretary, Magalie Roman 3. We do not believe these proposed rule changes will result in any generated wastewaters’’. (Section VII.B). Salas, Office of the Secretary, Federal significant increase in interference to 7. EPA solicits comment on the Communications Commission, 445 12th direct sequence spread spectrum revised costs, benefits, and economic Street SW, Washington, DC 20554. impacts associated with establishing systems. We recognize that spectrum FOR FURTHER INFORMATION CONTACT: Neal occupancy of frequency hopping PSES and PSNS at Option I for the McNeil, Office of Engineering and Truck/Chemical & Petroleum systems in the 2.4 GHz band will Technology, (202) 418–2408, TTY (202) increase as a result of the proposed Subcategory. (Section IX.A.2). 418–2989, e-mail: [email protected]. 8. EPA solicits comment on changes. The existing rules require a SUPPLEMENTARY INFORMATION: This is a establishing NSPS equivalent to BAT for minimum of 75 hopping channels each summary of the Commission’s Notice of the Rail/Chemical & Petroleum with a bandwidth of no more than 1 Proposed Rule Making, ET Docket 99– Subcategory. (Section IX.B.1). MHz. Given the 83.5 MHz of spectrum 231, FCC 99–149, adopted June 21, 9. EPA solicits comment on available in the 2.4 GHz band, no 1999, and released June 24, 1999. The establishing PSES and PSNS at Option frequency is used more than once in the full text of this document is available for II, or alternatively at Option I, for the hop sequence. However, if the channel inspection and copying during regular Rail/Chemical & Petroleum Subcategory. bandwidth is increased to 3 MHz or 5 business hours in the FCC Reference (Section IX.B.2). MHz, overlapping channels will be Center, (Room TW–A306) 445 12th 10. EPA solicits comment on the needed to accommodate 75 hops. Street SW, Washington, DC. The conclusion that all indirect discharging Accordingly, the average time of complete text of this document also may Barge/Chemical & Petroleum facilities occupancy on any one frequency will be purchased from the Commission’s have treatment in place sufficient to increase. However, it appears that the duplication contractor, International prevent pass through or interference at proposed reduction in output power Transcription Service, Inc., (202) 857– a POTW. (Section IX.C.2). and time of occupancy would offset any 3800, 1231 20th Street, NW, 11. EPA solicits comment on using potential increase in interference. Washington, DC 20036. HEM and SGT-HEM as indicator Further, we observe that manufacturers parameters and on the pass-through of Summary of Notice of Proposed of direct sequence systems that are SGT-HEM. (Section VIII.B and VIII.C). Rulemaking concerned about interference can improve the robustness of their systems 12. EPA solicits comment on the list 1. Frequency Hopping Systems. of analytes being considered for by increasing processing gain. Section 15.247 of the Commission’s 4. Direct Sequence Processing Gain. regulation in all subcategories. (Section rules, permits frequency hopping spread Under section 15.247(e) of the VIII). spectrum systems to operate in the 2.4 Commission’s rules, direct sequence Dated: July 12, 1999. GHz band with a maximum output systems are required to exhibit a J. Charles Fox, power of 30 dBm (1 watt). The rules processing gain of at least 10 dB. The 10 Assistant Administrator for Water. specify that frequency hopping systems dB minimum was established to ensure [FR Doc. 99–18478 Filed 7–19–99; 8:45 am] operating in this spectrum must use a that a system is, in fact, spread spectrum BILLING CODE 6560±50±P minimum of 75 hopping channels with in nature. Generally, systems employing each channel having a 20 dB bandwidth a spreading rate of at least 10 chips/ not exceeding 1 MHz. The average time symbol meet the 10 dB processing gain FEDERAL COMMUNICATIONS of occupancy on any frequency must not requirement. The number of chips per COMMISSION be greater than 0.4 second within a 30 symbol refers to the ratio of spreading second period. imposed by the direct sequence high 47 CFR Part 15 2. The Home RF Working Group speed spreading code. (‘‘HRFWG’’) filed a request that the 5. The Commission allows processing [ET Docket 99±231; FCC 99±149] Commission interpret section 15.247 to gain to be determined by either of two Spread Spectrum Devices allow frequency hopping systems in the methods. The first is a direct 2.4 GHz band to operate with 3 MHz measurement taken from the AGENCY: Federal Communications and 5 MHz bandwidths. HRFWG demodulated output of the receiver. The Commission. proposes to allow systems with processing gain is calculated as the ACTION: Proposed rule. bandwidths of up to 3 MHz to operate ratio, in dB, of the signal-to-noise ratio with output power no more than 25 with the system spreading code turned SUMMARY: This document proposes to dBm and channel occupancy time no off to the signal-to-noise ratio with the revise the rules for frequency hopping greater than 0.05 second per hop. Each system spreading code turned on. systems operating in the 2.4 GHz band of the 75 channels will be used at least Alternatively, in cases where the design (2400–2483.5 MHz) to allow for wider once during a 3.75 sec period. Like of the system does not permit de- operational bandwidths. We also existing 1 MHz systems, the average activation of the spreading code, an

VerDate 18-JUN-99 08:43 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\A20JY2.074 pfrm07 PsN: 20JYP1 38878 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Proposed Rules indirect measurement of processing comments on the NPRM. The E. Significant Alternatives to Proposed gain, based on receiver jamming margin Commission shall send a copy of this Rules Which Minimize Significant (the ‘‘CW jamming margin method’’), is NPRM, including the IRFA, to the Chief Economic Impact on Small Entities and permitted. See 15 CFR 15.247(e)(2). The Counsel for Advocacy of the Small Accomplish Stated Objectives receiver jamming margin is Business Administration in accordance 13. None. representative of the ability of the with paragraph 603(a) of the Regulatory receiver to reject other radio signals Flexibility Act. F. Federal Rules That May Duplicate, appearing on the same frequency. The Overlap, or Conflict With the Proposed test is generally viewed as an accurate A. Reason for Action Rule measure of processing gain for systems 9. This rule making proceeding is 14. None. employing spreading rates of at least 10 initiated to obtain comment regarding chips/symbol. However, in cases where List of Subjects in 47 CFR Part 15 proposed changes to the regulations for the spreading rate is less, the results of Communications equipment. non-licensed transmitters. the test are questionable. Federal Communications Commission. 6. The jamming margin test is based B. Legal Basis on use of a CW signal as an interference Magalie Roman Salas, source. Some spread spectrum device 10. The proposed action is taken Secretary. manufacturers have suggested that the pursuant to Sections 4(i), 301, 302, [FR Doc. 99–18428 Filed 7–19–99; 8:45 am] use of a Guassian noise interferer, 303(e), 303(f), and 303(r) of the BILLING CODE 6712±01±P instead of a CW interferer, would be Communications Act of 1934, as more suitable for the jamming margin amended, 47 U.S.C. 154(i), 301, 302, test. After reviewing the various 303(e), 303(f), and 303(r). DEPARTMENT OF DEFENSE submissions, we tentatively conclude that a Guassian interferer is likely to C. Description and Estimate of the 48 CFR Parts 208, 212, 213, 214, 215, give a more accurate measure of Number of Small Entities to Which the 232, and 252 Proposed Rules Will Apply processing gain because it is more [DFARS Case 98±D026] closely related to the noise a system 11. For the purposes of this NPRM, would encounter in a real-world Defense Federal Acquisition the RFA defines a ‘‘small business’’ to environment. Therefore, we propose to Regulation Supplement; Streamlined be the same as a ‘‘small business permit the use of a Guassian interferer Payment Practices for determining receiver jamming concern’’ under the Small Business Act, margin. 15 U.S.C. 632, unless the Commission AGENCY: Department of Defense (DoD). 7. The Commission has also received has developed one or more definitions ACTION: Proposed rule with request for comments from manufacturers asserting that are appropriate to its activities. See comments. that the current jamming margin test, 5 U.S.C. 601(3). Under the Small SUMMARY: along with a mathematical calculation Business Act, a ‘‘small business The Director of Defense of processing gain, should be required to concern’’ is one that: (1) is Procurement is proposing to amend the demonstrate that systems using fewer independently owned and operated; (2) Defense Federal Acquisition Regulation than 10 chips per symbol are in is not dominant in its field of operation; Supplement (DFARS) to require use of compliance with the rules. The and (3) meets any additional criteria the Governmentwide commercial mathematical calculation would take established by the Small Business purchase card as the method of into account the ‘‘coding gain’’ achieved Administration (SBA). See 15 U.S.C. purchase and/or method of payment for by modulating and spreading of the 632. SBA has defined a small business purchases valued at or below the micro- purchase threshold, unless an exception baseband signal. We believe that this for Standard Industrial Classification is authorized. Use of the purchase card approach will provide greater assurance (SIC) category 4812 (Radiotelephone streamlines purchasing and payment that the systems are in compliance. Communications) to be small entities procedures and, therefore, increases Accordingly, we propose to amend the when they have fewer than 1500 operational efficiency. rules to require manufacturers of direct employees. See 13 CFR 121.201. Given DATES: sequence spread spectrum systems that this definition, nearly all such Comments on the proposed rule use a spreading rate less than 10 chips companies are considered small. should be submitted in writing to the per symbol to submit the results of the address specified below on or before jamming margin test as well as a D. Description of Projected Reporting, September 20, 1999, to be considered in calculation of processing gain to verify Recordkeeping and Other Compliance the formation of the final rule. compliance. Omnidirectional antenna Requirements ADDRESSES: Interested parties should operating at 250 mV/m. submit written comments to: Defense 12. Part 15 transmitters are already Acquisition Regulations Council, Attn: Initial Regulatory Flexibility Analysis required to be authorized under the Ms. Susan L. Schneider, PDUSD (A&T) 8. As required by Section 603 of the Commission’s certification procedure as DP (DAR), IMD 3D139, 3062 Defense Regulatory Flexibility Act, 5 U.S.C. 603, a prerequisite to marketing and Pentagon, Washington, DC 20301–3062. the Commission has prepared an Initial importation. See 47 CFR 15.101, 15.201, Telefax (703) 602–0350. Please cite Regulatory Flexibility Analysis (IRFA) 15.305, and 15.405. The changes DFARS Case 98–D026. of the expected significant economic proposed in this proceeding would not E-mail comments submitted over the impact on small entities by the policies change any of the current reporting or Internet should be addressed to: and rules proposed in this Notice of recordkeeping requirements. Further, [email protected]. Proposed Rule Making (‘‘NPRM’’). the proposed regulations adds Please cite DFARS Case 98–D026 in Written public comments are requested permissible measurement techniques all correspondence related to this on the IRFA. Comments must be and methods of operation. The proposed rule. E-mail correspondence identified as responses to the IRFA and proposals would not require the should cite DFARS Case 98–D026 in the must be filed by the deadlines for modification of any existing products. subject line.

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FOR FURTHER INFORMATION CONTACT: Ms. 1. The authority citation for 48 CFR Subpart 213.2ÐActions at or Below the Susan L. Schneider, (703) 602–0131. Parts 208, 212, 213, 214, 215, 232, and Micro-Purchase Threshold Please cite DFARS Case 98–D026. 252 continues to read as follows: SUPPLEMENTARY INFORMATION: Sec. Authority: 41 U.S.C. 421 and 48 CFR 213.270 Use of the Governmentwide A. Background chapter 1. commercial purchase card. This rule proposes amendments to the PART 208ÐREQUIRED SOURCES OF 213.270 Use of the Governmentwide DFARS to require use of the SUPPLIES AND SERVICES commercial purchase card. Governmentwide commercial purchase Use the Governmentwide commercial card as the method of purchase and/or 2. Section 208.405–2 is amended by revising paragraph (4) to read as follows: purchase card as the method of method of payment for DoD purchases purchase and/or method of payment for valued at or below the micro-purchase 208.405±2 Order placement. purchases valued at or below the micro- threshold of $2,500, unless an exception * * * * * purchase threshold. This policy applies is authorized. The rule implements a (4) If permitted under the schedule to all types of contract actions policy memorandum issued by the contract, use of the Governmentwide authorized by the FAR unless— Principal Deputy Under Secretary of commercial purchase card— (1) The Deputy Secretary of Defense Defense (Acquisition and Technology) (i) Is mandatory for placement of has approved an exception for an on October 2, 1998, Subject: orders valued at or below the micro- electronic commerce/electronic data Streamlined Payment Practices for purchase threshold; and interchange system or operational Awards/Orders Valued at or below the (ii) Is optional for placement of orders requirement that results in a more cost- Micro-Purchase Threshold; and a policy valued above the micro-purchase effective payment process; memorandum issued by the Under threshold. (2)(i) A general or flag officer or a Secretary of Defense (Personnel and member of the Senior Executive Service Readiness) on September 25, 1998, PART 212ÐACQUISITION OF (SES) makes a written determination Subject: Use of Government-Wide COMMERCIAL ITEMS that— Purchase Cards. The memoranda are (A) The source or sources available for available via the Internet at http:// 3. Section 212.301 is amended by the supply or service do not accept the purchasecard.sarda.army.mil. adding paragraph (f)(vi) to read as purchase card; and follows: B. Regulatory Flexibility Act (B) The contracting office is seeking a 212.301 Solicitation provisions and source that accepts the purchase card. The proposed rule is not expected to (ii) To prevent mission delays, if an have a significant economic impact on contract clauses for the acquisition of commercial items. activity does not have a resident general a substantial number of small entities (f) * * * or flag officer or SES member, within the meaning of the Regulatory delegation of this authority to the level Flexibility Act, 5 U.S.C. 601, et seq., (vi) Use the clause at 252.232–7XXX, Mandatory Payment by of the senior local commander or because the Governmentwide director is permitted; or commercial purchase card is similar in Governmentwide Commercial Purchase Card, as prescribed in 232.1110. (3) The purchase or payment meets nature to commercial credit cards that one or more of the following criteria: are commonly used in the commercial 4. Section 212.303 is added to read as follows: (i) The place of performance is marketplace. Therefore, an initial entirely outside of any State, territory, regulatory flexibility analysis has not 212.303 Contract format. or possession of the United States, the been performed. Comments are invited Structure awards valued above the District of Columbia, and the from small businesses and other micro-purchase threshold (e.g., contract Commonwealth of Puerto Rico; interested parties. Comments from small line items, delivery schedule, and (ii) The purchase is a Standard Form entities concerning the affected DFARS invoice instructions) in a manner that 44 purchase for aviation fuel or oil; subparts also will be considered in will minimize the generation of invoices (iii) The purchase is an overseas accordance with 5 U.S.C. 610. Such valued at or below the micro-purchase transaction by a contracting officer in comments should be submitted threshold. support of a contingency operation as separately and should cite DFARS Case defined in 10 U.S.C. 101(a)(13) or a 98–D026 in correspondence. PART 213ÐSIMPLIFIED ACQUISITION humanitarian or peacekeeping operation C. Paperwork Reduction Act PROCEDURES as defined in 10 U.S.C. 2302(7); (iv) The purchase is a transaction in The Paperwork Reduction Act does 5. Subpart 213.1 is added to read as support of intelligence or other not apply because the proposed rule follows: specialized activities addressed by Part does not impose any information Subpart 213.1ÐProcedures 2.7 of Executive Order 12333; collection requirements that require the (v) The purchase is for training approval of the Office of Management exercises in preparation for overseas and Budget under 44 U.S.C. 3501, et Sec. 213.101 General. contingency, humanitarian, or seq. peacekeeping operations; 213.101 General. List of Subjects in 48 CFR Parts 208, (vi) The payment is made with an 212, 213, 214, 215, 232, and 252 Structure awards valued above the accommodation check; micro-purchase threshold (e.g., contract (vii) The payment is for a Government procurement. line items, delivery schedule, and transportation bill; Michele P. Peterson, invoice instructions) in a manner that (viii) The purchase is under a Federal Executive Director, Defense Acquisition will minimize the generation of invoices Supply Schedule contract that does not Regulations Council. valued at or below the micro-purchase permit use of the Governmentwide Therefore, 48 CFR Parts 208, 212, 213, threshold. commercial purchase card; 214, 215, 232, and 252 are proposed to 6. Subpart 213.2 is added to read as (ix) The purchase is for medical be amended as follows: follows: services and—

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(A) It involves a controlled substance 232.1108 Payment by Governmentwide management within the context of or narcotic; commercial purchase card. acquisition planning, selecting sources, (B) It requires the submission of a The Governmentwide commercial choosing contract type, structuring Health Care Summary Record to purchase card is the mandatory EFT award fee incentives, administering document the nature of the care payment method for purchases valued contracts, and conducting contractor purchased; at or below the micro-purchase surveillance. Additionally, this (C) The ultimate price of the medical threshold, except as provided in proposed rule would require offeror care is subject to an independent 213.270. proposals to include a risk management determination that changes the price plan whenever the value of the resulting 232.1110 Solicitation provisions and contract is expected to exceed paid based on application of a contract clauses. mandatory CHAMPUS Maximum $5,000,000, or whenever the contracting Use the clause at 252.232–7XXX, officer determines that it would be Allowable Charge determination that Mandatory Payment by reduces the Government liability below appropriate. Furthermore, this proposed Governmentwide Commercial Purchase rule would allow that contractors not be billed charges; Card, in solicitations, contracts, and (D) The Government already has paid award fee for any evaluation period agreements when— in which there is a major breach of entered into a contract to pay for the (1) Placement of orders or calls valued safety or security. services without the use of a purchase at or below the micro-purchase DATES: card; threshold is anticipated; and Comments should be submitted (E) The purchaser is a beneficiary (2) Payment by Governmentwide on or before September 20, 1999. seeking medical care; or commercial purchase card is required ADDRESSES: Interested parties should (F) The cardholder determines that for orders or calls valued at or below the submit written comments to Kenneth A. use of the purchase card is not micro-purchase threshold under the Sateriale, NASA Headquarters Office of appropriate or cost-effective. The contract or agreement. Procurement, Contract Management Medical Prime Vendor Program and the Division (Code HK), Washington, DC DoD Medical Electronic Catalog PART 252ÐSOLICITATION 20546. Comments may also be Program are two examples where use of PROVISIONS AND CONTRACT submitted by e-mail to the purchase card may not be cost- CLAUSES [email protected] effective. 10. Section 252.232–7XXX is added to FOR FURTHER INFORMATION CONTACT: Kenneth A. Sateriale, (202) 358–0491. PART 214ÐSEALED BIDDING read as follows: SUPPLEMENTARY INFORMATION: 7. Section 214.201–1 is added to read 252.232±7XXX Mandatory Payment by Governmentwide Commercial Purchase A. Background as follows: Card. The NASA Administrator, in a 214.201±1 Uniform contract format. As prescribed in 232.1110, use the January 11, 1999 message, called upon Structure awards valued above the following clause: NASA to become an agency of informed micro-purchase threshold (e.g., contract MANDATORY PAYMENT BY risk takers. Furthermore, he emphasized line items, delivery schedule, and GOVERNMENTWIDE COMMERCIAL that it is critically important for NASA invoice instructions) in a manner that PURCHASE CARD (XXX 1999) to achieve mission success without will minimize the generation of invoices The Contractor agrees to accept the compromising safety. On February 26, valued at or below the micro-purchase Governmentwide commercial purchase card 1999, the Administrator emphasized the threshold. as the method of payment for orders or calls need for NASA contractors, both on-site valued at or below $2,500 under this contract and others, to be supportive of, and PART 215ÐCONTRACTING BY or agreement. accountable for safety. Safety, in this NEGOTIATION (End of clause) context, is freedom from those [FR Doc. 99–18218 Filed 7–19–99; 8:45 am] conditions that can cause death, injury, 8. Section 215.204–1 is added to read BILLING CODE 5000±04±M occupational illness, damage to or loss as follows: of equipment or property (including 215.204±1 Uniform contract format. intellectual property), or damage to the NATIONAL AERONAUTICS AND environment. However, given the fact Structure awards valued above the SPACE ADMINISTRATION that many of NASA’s activities involve micro-purchase threshold (e.g., contract advanced research, aeronautics, and line items, delivery schedule, and 48 CFR Parts 1807, 1811, 1812, 1815, space flight, NASA cannot completely invoice instructions) in a manner that 1816, 1823, 1842, 1846, and 1852 avoid risk. Therefore, risk must be will minimize the generation of invoices managed, i.e., comprehensively valued at or below the micro-purchase Risk Management identified, analyzed, planned, tracked, threshold. AGENCY: National Aeronautics and and controlled. While risk management PART 232ÐCONTRACT FINANCING Space Administration (NASA). is not a new acquisition concept, NASA ACTION: Proposed rule. has initiated a risk-based acquisition 9. Subpart 232.11 is added to read as management initiative to re-focus on follows: SUMMARY: This proposed rule would risk as a core acquisition concern. That change the NASA FAR Supplement initiative will be implemented through Subpart 232.11ÐElectronic Funds (NFS) to emphasize considerations of training as well as through revisions to Transfer risk management, including safety, several of NASA’s internal processes Sec. security (including information and guidelines. This proposed rule only 232.1108 Payment by Governmentwide technology security), health, export implements that part of the initiative commercial purchase card. control, and damage to the environment, pertaining directly to the procurement 232.1110 Solicitation provisions and within the acquisition process. The process. Since NASA’s activities often contract clauses. proposed rule addresses risk include contractor efforts, NASA’s focus

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Paperwork Reduction Act fee/profit negotiation objective.) personnel, information technology, and Sections 1816.405–274(c) and The Paperwork Reduction Act does property; the NASA Export Control 1852.223–76(a)(1) in this proposed rule not apply because the changes to the Program and risks of unauthorized reference definitions in NASA NFS do not impose recordkeeping or technology transfer; damage to the Procedures and Guidelines (NPG) information collection requirements, or environment; program test conduct and 8621.1, NASA Procedures and collections of information from offerors, schedules; performance incentives and Guidelines for Mishap Reporting, contractors, or members of the public contract management concerns; and the Investigating, and Recordkeeping. NPG which require the approval of the Office necessary level of NASA personnel 8621.1 is currently in draft and will of Management and Budget under 41 resources required to manage the soon be published. Until such time, it U.S.C. 3501, et seq. project/program, including whether will not be easy for the public to obtain List of Subjects in 48 CFR Parts 1807, current staffing limitations require a access to the definitions. Therefore, special plan for surveillance. This draft definitions are provided below: 1811, 1812, 1815, 1816, 1823, 1842, 1846, and 1852 discussion should also identify those Mishap—Any unplanned occurrence areas that have safety risk, and how or event resulting from any NASA Government procurement. safety will be addressed in contract operation or equipment anomaly, Tom Luedtke, requirements and evaluated in the involving injury to or death of any Associate Administrator for Procurement. source selection, and how safety will be persons (including the general public, managed and incentivized, where astronauts and pilots, and NASA Accordingly, 48 CFR Parts 1807, 1811, 1812, 1815, 1816, 1823, 1842, 1846, and appropriate. Appropriate planning, i.e., employees and contractors), damage to decisions to research, accept, watch, or or loss of property or equipment, or 1852 are proposed to be amended as follows: mitigate, shall be identified for each mission failure. risk. Type A Mishap—A mishap causing 1. The authority citation for 48 CFR death and/or damage to equipment or Parts 1807, 1811, 1812, 1815, 1816, * * * * * property equal to or greater than $1 1823, 1842, 1846, and 1852 continues to read as follows: PART 1811ÐDESCRIBING AGENCY million. Mishaps resulting in damage to NEEDS aircraft, space hardware, or ground Authority: 42 U.S.C. 2473(c)(1). support equipment that meet these 4. Section 1811.101(b) is added to criteria are included, as are test failures PART 1807ÐACQUISITION PLANNING read as follows: in which the damage was unexpected or 2. Section 1807.104 is added to read 1811.101 Order of precedence for unanticipated. as follows: Type B Mishap—A mishap resulting requirements documents. (NASA supplements paragraph (b)) in permanent disability to one or more 1807.104 General procedures. (NASA persons, hospitalization (within a 30- supplements paragraph (a)) (b) When establishing product day period from the same mishap) of (a) Safety is NASA’s highest core descriptions in either a solicitation or three or more persons, and/or damage to value. The acquisition planning team contract, contracting officers shall equipment, or property equal to or shall include representatives from the include safeguards, as applicable, to greater than $250,000, but less than $1 center offices responsible for matters of ensure safety and security, and preclude million. Mishaps resulting in damage to safety and mission assurance, environmental damage. aircraft, space hardware, or ground occupational health, environmental PART 1812ÐACQUISITION OF support equipment that meet these protection, information technology, COMMERCIAL ITEMS criteria are included, as are test failures export control, and security. Their in which the damage was unexpected or presence on the team shall help to 5. Section 1812.301, paragraph (f)(i) is unanticipated. ensure that all NASA acquisitions are revised to read as follows: Mission Failure—A mishap of structured in accordance with NASA whatever intrinsic severity that, in the safety, occupational health, 1812.301 Solicitation provisions and judgment of the Enterprise Associate contract clauses for the acquisition of environmental, export control, and commercial items. Administrator/Institutional Program security policy. As part of this process, Officer, in coordination with the the team shall recommend any (f)(i) The following clauses are Associate Administrator for Safety and appropriate solicitation or contract authorized for use in acquisitions of Mission Assurance, prevents the requirements for implementation of commercial items when required by the achievement of primary NASA mission safety, occupational health, clause prescription: objectives as described in the Mission environmental, information technology, (A) 1852.214–71, Grouping for Operations Report or equivalent export control, and security concerns. Aggregate Award. document. (See NPG 8705.X, Risk Management (B) 1852.214–72, Full Quantities. (C) 1852.215–84, Ombudsman. B. Regulatory Flexibility Act Procedures and Guidelines.) 3. In section 1807.105, paragraph (D) 1852.219–75, Small Business NASA certifies that this regulation (a)(7) is added to read as follows: Subcontracting Reporting. will not have a significant economic (E) 1852.219–76, NASA Small impact on a substantial number of small 1807.105 Contents of written acquisition Disadvantaged Business Goal. business entities under the Regulatory plans. (F) 1852.223–71, Frequency Flexibility Act (5 U.S.C. 601 et seq.) (a)* * * Authorization. because few small businesses are (7) Discuss project/program risks (see (G) 1852.223–75, Risk Management awarded contracts valued in excess of NPG 7120.5, NASA Program and Project Plan.

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(H) 1852.228–72, Cross-Waiver of 8705.X, Risk Management Procedures new paragraph (c) is added to read as Liability for Space Shuttle Services. and Guidelines.) follows: (I) 1852.228–76, Cross-Waiver of * * * * * Liability for Space Station Activities. 1816.405±274 Award fee evaluation (d) * * * factors. (J) 1852.228–78, Cross-Waiver of (4) The contracting officer shall Liability for NASA Expendable Launch evaluate the offeror’s past performance * * * * * Vehicles. in occupational health, security, (c) The technical factor, if used, must (K) 1852.232–70, NASA Progress environmental protection, and safety include consideration of risk Payment Rates. and mission success (e.g., mishap rates management (including safety, security, (L) 1852.246–72, Material Inspection and problems in delivered hardware health, export control, and damage to and Receiving Report. and software that resulted in mishaps or the environment, as appropriate) unless failures) when these areas are germane waived at a level above the contracting PART 1815ÐCONTRACTING BY to the requirement. officer, with the concurrence of the NEGOTIATION 8. In section 1815.305, paragraph project manager. The rationale for any 6. In section 1815.201, paragraph (a)(vi) is revised to read as follows: waiver shall be documented in the (c)(6)(A) is revised to read as follows: 1815.305 Proposal evaluation. contract file. When safety, export control, or security is considered under 1815.201 Exchanges with industry before (a) * * * the technical factor, the award fee plan receipt of proposals. (vi) Any programmatic risk, e.g., shall allow the following fee (c)(6)(A) Except for acquisitions technical, schedule, cost, safety, determinations, regardless of contractor described in 1815.300–70(b), occupational health, security, export performance in other evaluation factors, contracting officers shall issue draft control, environmental. Risks may result when there is a major breach of safety requests for proposals (DRFPs) for all from the offeror’s technical approach, or security. A major breach of safety competitive negotiated acquisitions manufacturing plan, selection of consists of either any Type A or Type expected to exceed $1,000,000 materials, processes, equipment, or as a B mishap, or Mission Failure, as defined (including all options or later phases of result of the cost, schedule, and in NPG 8621.1, NASA Procedures and the same project). DRFPs shall invite performance impacts associated with its Guidelines for Mishap Reporting, comments from potential offerors on all approach. Risk evaluations must Investigating, and Recordkeeping, or aspects of the draft solicitation, consider the probability of success, the any violation cited by the Occupational including the requirements, schedules, impact of failure, and the alternatives Safety and Health Administration that proposal instructions, and evaluation available to meet the requirements. Risk results in either a final order of the approaches. Potential offerors should be assessments shall be considered in Review Commission assessing a civil specifically requested to identify determining Mission Suitability penalty, or a criminal conviction. unnecessary or inefficient requirements, strengths, weaknesses, deficiencies, and Security is the condition of safeguarding and whether the requirements of any numerical/adjectival ratings. Identified against espionage, sabotage, crime Government-unique standards may be risks and the potential for cost impact (including computer crime), or attack. A satisfied by voluntary consensus shall be considered in the cost or price major breach of security results in standards or industry standards. evaluation. The offeror’s Risk damage or loss greater than $250,000 to Comments should also be requested on Management Plan, if required, shall be the Government. A major breach of any perceived safety, occupational used to support this evaluation. security may arise from any of the health, security (including information * * * * * following: compromise of classified technology security), environmental, 9. In section 1815.406–170, information; illegal technology transfer; export control, and/or other paragraphs (c)(5) and (c)(6) are revised workplace violence resulting in criminal programmatic risk issues associated and paragraph (c)(7) is added to read as conviction; sabotage; compromise or with performance of the work. When follows: denial of information technology considered appropriate, the statement of 1815.406±170 Content of the services; or theft. work or the specifications may be issued prenegotiation position memorandum. (1) For evaluation of service contracts in advance of other solicitation sections. * * * * * under 1816.405–273(a), an overall fee * * * * * (c)* * * determination of zero for any evaluation 7. In section 1815.304–70, paragraphs (5) Contractor/Government period in which there is a major breach (b)(5) and (d)(4) are added to read as investment in facilities and equipment of safety or security; or follows: (and any modernization to be provided (2) For evaluation of end item 1815.304±70 NASA evaluation factors. by the contractor/Government); contracts under 1816.405–273(b), an (6) Any deviations, special clauses, or * * * * * overall fee determination of zero for any unusual conditions anticipated, for (b) * * * interim evaluation period in which example, unusual financing, warranties, (5) If the solicitation requires either there is a major breach of safety or EPA clauses and when approvals were security. To ensure that the final award the submission of a Safety and Health obtained, if required; and Plan (see 1823.7001(c)), or a Risk fee evaluation at contract completion (7) Any risk management issues, e.g., reflects any major breach of safety or Management Plan (see 1823.7001(d)), safety, occupational health, security. then the Mission Suitability factor shall security in an interim period, the overall include a subfactor for safety, * * * * * award fee pool shall be reduced by the amount of the fee available for the occupational health, and mission PART 1816ÐTYPES OF CONTRACTS success. Otherwise use of that subfactor period in which the major breach is optional. (For discussion of risk 10. In section 1816.405–274, occurred if a zero fee determination was management, see NPG 7120.5, NASA paragraphs (c), (d), (e), (f), (g), and (h) made because of a major breach of safety Program and Project Management are redesignated as paragraphs (d), (e), or security. Processes and Requirements, and NPG (f), (g), (h), and (i), respectively; and * * * * *

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PART 1823ÐENVIRONMENT, more, unless waived at a level above the reflects the Government’s surveillance CONSERVATION, OCCUPATIONAL contracting officer with the concurrence approach relative to the perceived SAFETY, AND DRUG-FREE of the project/program office and the programmatic risk, and is written at a WORKPLACE center safety and occupational health general rather than specific level official(s). For other solicitations, use of because the risks will not be completely 11. 1823.7001 is revised to read as the provision is optional. After receiving identified at that time. After contract follows: the concurrence of the project/program award, contracting officers shall ensure 1823.7001 NASA solicitation provisions office and the center safety and that the QASP is revised to reflect the and contract clauses. occupational health official(s), the risks associated with the successful (a) Except as provided in paragraph contracting officer shall include the proposal. This final QASP shall not be (b) of this section, the clause at plan in any resulting contract. included in the contract, but should be 1852.223–70, Safety and Health, shall be (e) The contracting officer shall insert periodically reviewed to ensure its included in all solicitations and the clause at 1852.223–76, Major Breach currency. of Safety or Security, in all solicitations contracts for— PART 1852ÐSOLICITATION (1) Negotiated acquisitions of and contracts with estimated values of $500,000 or more, unless waived at a PROVISIONS AND CONTRACT $1,000,000 or more; CLAUSES (2) Construction, repair, or alteration level above the contracting officer with in excess of the simplified acquisition the concurrence of the project manager 15. Section 1852.223–70 is revised to threshold; and the installation official(s) read as follows: (3) Acquisitions having, within their responsible for matters of security, total requirement, construction, repair, export control, safety and occupational 1852.223±70 Safety and Health. or alteration tasks in excess of the health. For other contracts, use of the As prescribed in 1823.7004(c), insert simplified acquisition threshold; and clause is optional. the following clause: (4) Acquisitions regardless of dollar Safety and Health PART 1842ÐCONTRACT amount when— ADMINISTRATION AND AUDIT (Date) (i) Any deliverable contract end item SERVICES is of a hazardous nature; or (a) The Contractor shall take all reasonable safety and occupational health measures in (ii) It can reasonably be expected that 12. In section 1842.503, paragraph performing this contract. The Contractor hazards will be generated and (1)(iv) is revised to read as follows: shall comply with all Federal, State, and controlled within the operational local laws applicable to safety and environment during the life of the 1842.503 Postaward conferences. occupational health and with the safety and contract and the contracting officer (1) * * * occupational health standards, specifications, determines that they warrant inclusion (iv) Complex contract management reporting requirements, and any other of the clause. issues are expected, e.g., safety, security, relevant requirements of this contract. (b) The clause prescribed in paragraph occupational health, environmental (b) The Contractor shall take, or cause to (a) of this section may be excluded— protection, export control, and/or risk be taken, any other safety and occupational management. health measures the Contracting Officer may (1) From any contract subject to the reasonably direct. To the extent that the Walsh-Healey Public Contracts Act (see * * * * * Contractor may be entitled to an equitable FAR subpart 22.6) or the Service adjustment for those measures under the Contract Act of 1965 (see FAR subpart PART 1846ÐQUALITY ASSURANCE terms and conditions of this contract, the 22.10) in which the application of either equitable adjustment shall be determined 13. Section 1846.000 is added to read act and its implementing regulations pursuant to the procedures of the changes as follows: constitute adequate safety and clause of this contract; provided, that no occupational health protection; or 1846.000 Scope of part. adjustment shall be made under this Safety (2) When the contracting officer, with and Health clause for any change for which The Government has a duty to assure an equitable adjustment is expressly the concurrence of the installation that appropriated funds are spent provided under any other provision of the official(s) responsible for matters of wisely. That duty is fulfilled in part contract. safety and occupational health, makes a through surveillance. Surveillance may (c) The Contractor shall immediately notify written determination that the clause is be conducted through ‘‘insight’’ (i.e., and promptly report to the Contracting not necessary under the circumstances monitoring of selected metrics and/or Officer or a designee any accident, incident, of the acquisition. milestones) or ‘‘oversight’’ (i.e., or exposure resulting in fatality, lost-time (c) The contracting officer shall insert occupational injury, occupational disease, Government review and concurrence contamination of property beyond any stated the provision at 1852.223–73, Safety with contractor decisions). The decision and Health Plan, in solicitations acceptable limits set forth in the contract to use insight or oversight is based on Schedule, or property loss of $25,000 or more containing the clause at 1852.223–70, an assessment of the risk inherent in the arising out of work performed under this when a Safety and Health Plan is to be activity being surveilled. Surveillance contract. The Contractor is not required to submitted with the offeror’s proposal. must be conducted whether or not the include in any report an expression of This clause may be modified to identify contract effort has been structured as opinion as to the fault or negligence of any specific information that is to be performance-based. employee. included in the plan. After receiving the 14. Section 1846.401 is added to read (d) Service contractors (excluding construction contracts) shall provide concurrence of the center safety and as follows: occupational health official(s), the quarterly reports specifying lost-time contracting officer shall include the 1846.401 General. (NASA supplements frequency rate, number of lost-time injuries, paragraph (a)). exposure, and accident/incident dollar losses plan in any resulting contract. as specified in the contract Schedule. The (d) The contracting officer shall insert (a) The quality assurance surveillance Contractor shall investigate all work-related the provision at 1852.223–75, Risk plan (QASP) which the project office incidents or accidents to the extent necessary Management Plan, in all solicitations for prepares in conjunction with the to determine their causes and furnish the negotiated acquisitions of $5,000,000 or statement of work is preliminary. It Contracting Officer a report, in such form as

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The Major Breach of Safety or Security corrective action. offeror shall submit a detailed safety and (Date) (2) If the Contractor fails or refuses to occupational health plan, as part of its (a) Safety is the freedom from those institute prompt corrective action in proposal. The plan must include a detailed discussion of the policies, procedures, and conditions that can cause death, injury, accordance with subparagraph (e)(1) of this occupational illness, damage to or loss of clause, the Contracting Officer may invoke techniques that will be used to ensure the safety and occupational health of contractor equipment or property, or damage to the the stop-work order clause in this contract or environment. Safety is essential to NASA and any other remedy available to the employees and to ensure the safety of all working conditions throughout the is a material part of this contract. A major Government in the event of such failure or performance of the contract. The plan must breach of safety may constitute a breach of refusal. similarly address safety and occupational contract that entitles the Government to (f) The Contractor (or subcontractor or health for subcontractor employees for any exercise any of its rights and remedies supplier) shall insert the substance of this proposed subcontract whose value is applicable to material parts of this contract, clause, including this paragraph (f) and any expected to exceed $500,000, including including termination for default. A major applicable Schedule provisions, with commercial services and services provided in breach of safety may occur on or off appropriate changes of designations of the support of a commercial item. Also, when Government installations, but must be related parties, in subcontracts of every tier that— applicable, the plan must address the directly to the work on the contract. A major (1) Amount to $1,000,000 or more (unless policies, procedures, and techniques that will breach of safety is an act or omission of the the Contracting Officer makes a written be used to ensure the safety and occupational contractor that results in either— determination that this is not required); health of NASA employees and the public. (1) Any Type A or Type B mishap, or (2) Require construction, repair, or This plan, as approved by the Contracting Mission Failure as defined in NPG 8621.1, alteration in excess of $25,000; or Officer, will be included in any resulting NASA Procedures and Guidelines for Mishap (3) Regardless of dollar amount, involve contract. (For additional detail on content for Reporting, Investigating, and Recordkeeping; the use of hazardous materials or operations. the Safety and Health Plan, see NPG 8715.1, or (g) Authorized Government representatives NASA Safety Manual Procedures and (2) Any violation cited by the Occupational of the Contracting Officer shall have access Guidelines, Appendix H.) Safety and Health Administration that results to and the right to examine the sites or areas (End of provision) in a final order of the Review Commission where work under this contract is being assessing a civil penalty, or a criminal performed in order to determine the 17. Section 1852.223–75 is added to conviction. adequacy of the Contractor’s safety and read as follows: (b) Security is the condition of occupational health measures under this safeguarding against espionage, sabotage, clause. 1852.223±75 Risk Management Plan. crime (including computer crime), or attack. (h) The contractor shall continually update As prescribed in 1823.7001(d), insert A major breach of security may constitute a the safety and health plan when necessary. the following provision: breach of contract that entitles the In particular, the Contractor shall furnish a Government to exercise any of its rights and Risk Management Plan list of all hazardous operations to be remedies applicable to material parts of this performed, and a list of other major or key (Date) contract, including termination for default. A operations required or planned in the The offeror shall submit a detailed Risk major breach of security may occur on or off performance of the contract, even though not Management Plan, as part of the offeror’s Government installations, but must be related deemed hazardous by the Contractor. NASA proposal. The plan must include a detailed directly to the work on the contract. A major and the Contractor shall jointly decide which description of the offeror’s plan to use risk breach of security results in damage or loss operations are to be considered hazardous, management techniques to manage greater than $250,000 to the Government. A with NASA as the final authority. Before programmatic risks (e.g., safety, technical, major breach of security may arise from any hazardous operations commence, the cost, schedule, security, export control, and of the following: compromise of classified Contractor shall submit for NASA damage to the environment) throughout the information; illegal technology transfer; concurrence— performance of the contract. The plan must workplace violence resulting in criminal (1) Written hazardous operating procedures conform to NASA’s guidance on risk as conviction; sabotage; compromise or denial for all hazardous operations; and/or described in NASA Procedures and of information technology services; or theft. (2) Qualification Standards for personnel Guidelines 8705.X, Risk Management (c) In the event of a major breach of safety involved in hazardous operations. Procedures and Guidelines. The plan must or security, the Contractor shall, if directed (End of clause) similarly address risk management for by the Contracting Officer, conduct its own subcontracted effort whose value is expected investigation and report the results to the 16. In section 1852.223–73, Alternate to exceed $500,000. Costs solely attributable Government, and the Contractor shall I is removed and the basic clause is to risk management must be clearly cooperate with the Government investigation, if conducted. revised to read as follows: identifiable in the offeror’s proposal. This plan, as approved by the Contracting Officer, (End of clause) 1852.223±73 Safety and health plan. will be included in any resulting contract. [FR Doc. 99–18414 Filed 7–19–99; 8:45 am] * * * * * (End of provision) BILLING CODE 7510±01±P

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Notices Federal Register Vol. 64, No. 138

Tuesday, July 20, 1999

This section of the FEDERAL REGISTER California is assisting APHIS in the countries are known to regulate in some contains documents other than rules or funding of the program costs. However, manner for the Medfly. proposed rules that are applicable to the APHIS resources are insufficient to meet In cooperation with the governments public. Notices of hearings and investigations, the estimated $8.7 million needed for of Mexico and Guatemala, the Animal committee meetings, agency decisions and the Federal share. In addition, some of and Plant Health Inspection Service rulings, delegations of authority, filing of (APHIS) conducts activities in Mexico petitions and applications and agency these resources may be needed to fund statements of organization and functions are other Mediterranean and Mexican fruit and Guatemala to maintain a sterile examples of documents appearing in this fly emergencies before the end of the Medfly barrier in western Guatemala to section. year. prevent the spread of Medfly through Therefore, in accordance with the Mexico and into the United States. This provisions of the Act of September 25, program is called the Moscamed DEPARTMENT OF AGRICULTURE 1981, 95 Stat. (7 U.S.C. 147b), I declare Program. that there is an emergency which During the summer and fall of 1998, Office of the Secretary threatens the citrus-and other fruit-and- APHIS and cooperators in Mexico detected 253 infestations of Medfly in [Docket No. 98±093±1] vegetable-growing industries in this country and hereby authorize the the States of Chiapas, Campeche, and Declaration of Emergency Because of transfer and use of such funds as may Tabasco, Mexico. Over 160 infestations the Mediterranean Fruit Fly and the be necessary from appropriations or are currently active in the State of Mexican Fruit Fly other funds available to the agencies or Chiapas. Mexico has initiated programs corporations of the United States to eradicate the infestations, but does Serious outbreaks of the Department of Agriculture for not have the resources to eradicate the Mediterranean fruit fly, Ceratitis Medfly and keep the Moscamed capitata (Wiedemann), and the Mexican conducting a program to detect and identify Mediterranean fruit fly and Program running without assistance fruit fly, Anastrepha ludens (Loew), are from the United States. occurring in California. Mexican fruit fly infested areas, to control and prevent the spread of the The establishment of Medfly in the The Mediterranean fruit fly is one of continental United States could severely the most destructive pests of over 200 Mediterranean fruit fly and the Mexican fruit fly to noninfested areas in the disrupt the fruit and vegetable industry species of fruits, nuts, and vegetables, due to crop damage and loss of export especially citrus and stone fruits. The United States, and to eradicate the Mediterranean fruit fly and the Mexican markets. An economic assessment pest can develop rapidly and spread completed in 1993 estimates that if easily, causing severe damage to entire fruit fly wherever they may be found in the continental United States. Medfly were established in the areas where citrus and other fruits and continental United States, losses vegetables are grown. EFFECTIVE DATE: This declaration of attributed to the Medfly would cost $1.5 The Mexican fruit fly is a destructive emergency shall become effective July 9, billion annually. Keeping Mexico free of pest of citrus and many other types of 1999. Medfly will greatly reduce the risk that fruits. The short life cycle of the Dan Glickman, this pest will be introduced into the Mexican fruit fly allows rapid Secretary of Agriculture. United States. Fruit fly experts predict development of serious outbreaks that [FR Doc. 99–18436 Filed 7–19–99; 8:45 am] that if the pest is allowed to continue to can cause severe economic losses in BILLING CODE 3410±34±P spread in Mexico, the Medfly will reach commercial citrus-producing areas. the U.S. border by the year 2005. As of July 1999, there is an infestation Therefore, in accordance with the of the Mediterranean fruit fly in DEPARTMENT OF AGRICULTURE provisions of the Act of September 25, portions of Orange and Riverside 1981, 95 Stat. 953 (7 U.S.C. 147b), I Counties, CA. Also, an infestation of the Office of the Secretary declare that there is an emergency that Mexican fruit fly has been found in a threatens the citrus and other fruit and portion of San Diego County, CA. The [Docket No. 99±004±1] vegetable industries of this country, and presence of these fruit flies in the I authorize the transfer and use of such continental United States could severely Declaration of Emergency Because of funds as may be necessary from disrupt the fruit and vegetable industry the Mediterranean Fruit Fly in Mexico appropriations or other funds available due to crop damages, additional to the United States Department of pesticide use, and quarantine A serious outbreak of the Agriculture to conduct a program to requirements. The permanent presence Mediterranean fruit fly, Ceratitis detect, control, and prevent the spread of these pests in California would result capitata (Wiedemann), is occurring in of the Medfly in Mexico, in order to in yearly losses of over $205 million. If Chiapas, Campeche, and Tabasco, prevent its introduction into the United allowed to spread throughout the Mexico. States. United States, the estimated annual The Mediterranean fruit fly (Medfly) EFFECTIVE DATE: losses are over $1.5 billion for the is one of the most destructive pests of This declaration of Mediterranean fruit fly alone. over 200 species of fruits, nuts, and emergency shall become effective July 9, In cooperation with the State of vegetables, especially citrus and stone 1999. California, the Animal and Plant Health fruits. Infestations can develop rapidly Dan Glickman, Inspection Service (APHIS) has initiated and spread easily, causing severe Secretary of Agriculture. a program to eradicate these fruit fly damage to entire citrus and other fruit [FR Doc. 99–18437 Filed 7–19–99; 8:45 am] infestations in California. The State of and vegetable growing areas. At least 43 BILLING CODE 3410±34±P

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DEPARTMENT OF AGRICULTURE Burden: 23,200 hours. DEPARTMENT OF COMMERCE Number of Respondents: Willamette Provincial Advisory Submission for OMB Review; Approximately 1,160 respondents. Committee (PAC) Comment Request Average Hours Per Response: 20. AGENCY: Forest Service, USDA Forest DOC has submitted to the Office of Needs and Uses: This information Service. Management and Budget (OMB) for collection is needed to monitor ACTION: Action of meeting. clearance the following proposal for construction projects for compliance collection of information under the SUMMARY: The Willamette Province with Federal and other program and provisions of the Paperwork Reduction Advisory Committee (PAC) will meet on administrative requirements as set forth Act (44 U.S.C. chapter 35). Thursday, August 12, 1999. The meeting in EDA’s authorizing legislation the Agency: U.S. Census Bureau. is scheduled to be a field trip and is Public Works and Economic Title: Annual Survey of State & Local scheduled to leave the Eugene BLM at Development Act of 1965, as amended, Government Finance. 8:30 a.m., and will conclude at including the comprehensive Form Number(s): F–5, F–5A, F–11, F– approximately 5:00 p.m. The field trip amendments by the Economic 12, F–13, F–21, F–22, F–25, F–28, F–29, will leave from the Eugene BLM Office, Development Reform Act of 1998, Pub. F–32, F–42. 2890 Chad Drive, Eugene, Oregon L. 105–393, (PWEDA), EDA’s Agency Approval Number: 0607– 97401, phone (541) 683–6000. implementing regulations at 13 CFR 0585. The PAC will visit various private, parts 305 and 308, and the Common Type of Request: Extension of a BLM, and Forest Service sites in the Rule as set forth at 15 CFR parts 14 and currently approved collection. McKenzie Watershed to review road 24. The information collected from grant Burden: 22,798 hours. management practices. The public is recipients is used by EDA to safeguard Number of Respondents: 7,459. welcome to attend, but will need to the public’s interest in the grant assets, Avg Hours Per Response: 3.1 hours. provide their own transportation. and to promote the effective use of grant Needs and Uses: The Census Bureau An agenda, including a list of the field conducts the Annual Survey of State funds accomplishing the purpose for trip stops, will be available for the and Local Government Finance to which they were granted. Additionally, public. There will be no formal public collect data on state government the information is used to monitor forum due to the nature of this meeting; finances and estimates of local however, written comments may be project progress in order to detect delays government revenue, expenditures, submitted prior to the August 12 and to offer assistance to resolve delays debt, and assets, nationally and within meeting by sending them to Designated when appropriate. EDA uses state areas. Data are collected for all Federal Official Neal Forrester at the information gathered to analyze and agencies, departments, and institutions address given below. report on program performance. of the fifty state governments and for a FOR FURTHER INFORMATION CONTACT: For Affected Public: State, local or tribal sample of all local governments more information regarding this government and not-for-profit (counties, municipalities, townships, meeting, contact Designated Federal organizations. and special districts). The forms and Official Neal Forrester, Willamette procedures are similar to those used in Frequency: On occasion, quarterly National Forest, 211 East Seventh previous annual surveys. Data for school and semiannually. Avenue, Eugene, Oregon 97401; (541) districts are collected under a separate 465–6924. Respondent’s Obligation: Required to survey. obtain or retain benefits. Dated: July 14, 1999. The Census Bureau incorporates the data collected in this survey into its Darrell L. Kenops, OMB Desk Officer: David Rostker, (202) 395–3897. government finance program which has Forest Supervisor. disseminated comprehensive and [FR Doc. 99–18406 Filed 7–19–99; 8:45 am] Copies of the above information comparable governmental statistics BILLING CODE 3410±11±M collection proposal can be obtained by since 1902. The Bureau of Economic calling or writing Linda Engelmeier, Analysis uses our government finance DoC Forms Clearance Officer, (202) data to develop the public sector DEPARTMENT OF COMMERCE 482–3272, U.S. Department of components of the National Income and Commerce, Room 5033, 14th and Product Accounts and to determine the Submission for OMB Review; Constitution Avenue, NW, Washington, gross domestic product. Other users Comment Request DC 20230 (or via the Internet at include state and local government The Department of Commerce (DoC) [email protected]). executives and legislators, policy has submitted to the Office of Written comments and makers, economists, researchers, the Management and Budget (OMB) for recommendations for the proposed media, and the general public. clearance the following proposal for information collection should be sent We are requesting no changes other collection of information under within 30 days of publication of this than to extend the current OMB provisions of the Paperwork Reduction notice to David Rostker, OMB Desk clearance for another three years. Act (44 U.S.C. Chapter 5). Officer, Room 10102, New Executive Affected Public: State, local or tribal government. Agency: Economic Development Office Building, Washington, DC 20503. Administration. Frequency: Annually. Title: Requirement for Approved Dated: July 15, 1999. Respondent’s Obligation: Voluntary. Construction Projects. Linda Engelmeier, Legal Authority: Title 13 USC, Section Agency Form Number: Not Departmental Forms Clearance Officer, Office 182. Applicable. of the Chief Information Officer. OMB Desk Officer: Linda Hutton, OMB Approval Number: 0610–0096. [FR Doc. 99–18453 Filed 7–19–99; 8:45 am] (202) 395–7858. Type of Request: Extension of a Copies of the above information BILLING CODE 3510±34±P currently approved collection. collection proposal can be obtained by

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices 38887 calling or writing Linda Engelmeier, Signed at Washington, DC, this 9th day of Quassic Creek, South Water Street and DOC Forms Clearance Officer, (202) July, 1999. South Williams Street. 482–3272, Department of Commerce, Bernard Carreau, 3. Based on the amended application, room 5033, 14th and Constitution Acting Assistant Secretary of Commerce for the Middletown/Wallkill and Port Jervis Avenue, NW, Washington, DC 20230 (or Import Administration, Alternate Chairman, CRAFT sites are not included in this via the Internet at [email protected]). Foreign-Trade Zones Board. action. Written comments and ATTEST: 4. Each site, except the amended recommendations for the proposed Dennis Puccinelli, Stewart Airport site, is subject to a information collection should be sent Acting Executive Secretary. sunset provision that terminates FTZ within 30 days of publication of this [FR Doc. 99–18463 Filed 7–19–99; 8:45 am] status on December 31, 2004 unless the notice to Linda Hutton, OMB Desk BILLING CODE 3510±DS±P site is activated pursuant to 19 CFR part Officer, room 10201, New Executive 146 of the U.S. Customs Service Office Building, Washington, DC 20503. Regulations. Dated: July 15, 1999. DEPARTMENT OF COMMERCE 5. The zone project is subject to the Linda Engelmeier, Board’s standard 2,000 acre activation Foreign-Trade Zones Board Departmental Forms Clearance Officer, Office limit. of the Chief Information Officer. [Order No. 1044] 6. All foreign steel mill products must [FR Doc. 99–18454 Filed 7–19–99; 8:45 am] be entered for consumption prior to BILLING CODE 3510±07±P Expansion of Foreign-Trade Zone 37, admission to the Port of Newburgh site. Orange County, New York Signed at Washington, DC, this 9th day of July 1999. DEPARTMENT OF COMMERCE Pursuant to its authority under the Foreign- Trade Zones Act of June 18, 1934, as Bernard Carreau, Acting Assistant Secretary of Commerce for Foreign-Trade Zones Board amended (19 U.S.C. 81a–81u), the Foreign- Trade Zones Board (the Board) adopts the Import Administration, Alternate Chairman, [Order No. 1043] following Order: Foreign-Trade Zones Board. Whereas, Orange County, New York, Attest: Expansion of Foreign-Trade Zone 202, grantee of Foreign-Trade Zone 37, Dennis Puccinelli, Los Angeles, California submitted an application to the Board Acting Executive Secretary. Pursuant to its authority under the Foreign- for authority to expand FTZ 37 to [FR Doc. 99–18464 Filed 7–19–99; 8:45 am] Trade Zones Act of June 18, 1934, as include five new sites, located at BILLING CODE 3510±DS±P amended (19 U.S.C. 81a–81u), the Foreign- Stewart International Airport/Northeast Trade Zones Board (the Board) adopts the Business Center (Site 3), the IBM following Order: Hudson Valley Research Park (Site 4), DEPARTMENT OF COMMERCE Whereas, the Board of Harbor the AT&T Rockland Export Center (Site International Trade Administration Commissioners of the City of Los 5), the Port of Newburgh (Site 6), and Angeles, grantee of Foreign-Trade Zone the Goshen/Westgate FTZ Industrial [A±301±602] 202, submitted an application to the Park (Site 7) in the Hudson Valley area, Board for authority to expand existing adjacent to the New York Seaport Area Certain Fresh Cut Flowers From Site 4, Dominguez Technology Center, Customs port of entry (FTZ Docket 6– Colombia: Final Results of Changed and to include three new sites at the 98; filed February 2, 1998, amended Circumstances Antidumping Duty Harbor Gateway Center (Site 9), the January 25, 1999); Administrative Review; Revocation of Watson Industrial Center South (Site 10) Whereas, notice inviting public Order comment was given in the Federal and the Watson Corporate Center (Site AGENCY: Import Administration, Register (63 FR 6890, February 11, 11) in the Los Angeles, California, area, International Trade Administration, 1998) and the application has been within the Los Angeles/Long Beach Department of Commerce. Customs port of entry (FTZ Docket 42– processed pursuant to the FTZ Act and ACTION: 98; filed August 28, 1998); the Board’s regulations; and, Notice of final results of Whereas, notice inviting public Whereas, the Board adopts the changed circumstances antidumping comment was given in the Federal findings and recommendations of the duty administrative review, and Register (63 FR 45998, September 10, examiner’s report, and finds that the revocation of antidumping duty order. requirements of the FTZ Act and the 1998) and the application has been SUMMARY: On June 8, 1999, the Board’s regulations are satisfied, and processed pursuant to the FTZ Act and Department of Commerce published a that the proposal would be in the public the Board’s regulations; and, notice of initiation of a changed interest, if approval is subject to the Whereas, the Board adopts the circumstances antidumping duty restrictions listed below; findings and recommendations of the administrative review and preliminary Now, therefore, the Board hereby examiner’s report, and finds that the results of review with intent to revoke orders: requirements of the FTZ Act and the the antidumping duty order on certain The amended application to expand Board’s regulations are satisfied, and fresh cut flowers from Colombia. We are FTZ 37 is approved, subject to the Act that the proposal is in the public now revoking this order, retroactive to and the Board’s regulations, including interest; March 1, 1997, based on the fact that Now, therefore, the Board hereby § 400.28, and further subject to the domestic parties no longer have an orders: conditions and restrictions listed below. The application to expand FTZ 202 is 1. The approval of FTZ status at interest in maintaining the antidumping approved, subject to the Act and the Stewart Airport includes only that area duty order. Board’s regulations, including Section east of Drury Lane. EFFECTIVE DATE: July 20, 1999. 400.28, and further subject to the 2. The approval of FTZ status of the FOR FURTHER INFORMATION CONTACT: Rosa Board’s standard 2,000 acre activation Port of Newburgh site includes only that Jeong or Marian Wells, Office of AD/ limit. area bounded by the Hudson River, CVD Enforcement, Import

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Administration, International Trade 0603.10.70.10, 0603.10.70.20, and In accordance with 19 CFR Administration, U.S. Department of 0603.10.70.30 of the Harmonized Tariff 351.222(g)(4), we will instruct the Commerce, 14th Street and Constitution Schedule of the United States (HTSUS). Customs Service to end the suspension Avenue, NW, Washington, DC 20230; Although the HTSUS item numbers are of liquidation and to refund any telephone (202) 482–3853 or (202) 482– provided for convenience and customs estimated antidumping duties collected 6309, respectively. purposes, the Department’s written for all unliquidated entries of certain SUPPLEMENTARY INFORMATION: description of the scope remains fresh cut flowers from Colombia on or dispositive. after March 1, 1997. We will also The Applicable Statute and Regulations This changed circumstances review instruct the Customs Service to pay Unless otherwise indicated, all covers all producers and exporters of interest on such refunds in accordance citations to the Tariff Act of 1930, as certain fresh cut flowers from Colombia. with section 778 of the Act. amended (the Act), are references to the This changed circumstances provisions effective January 1, 1995, the Final Results of Changed administrative review, revocation of the effective date of the amendments made Circumstances Antidumping Duty antidumping duty order and notice are to the Act by the Uruguay Round Administrative Review; Revocation of in accordance with sections 751(b), Agreements Act (URAA). In addition, Order 751(d) and 782(h) of the Act and 19 CFR unless otherwise indicated, all citations Pursuant to section 751(d)(1) of the 351.216 and 351.222. to the Department of Commerce’s (the Act, the Department may revoke, in Dated: July 13, 1999. Department’s) regulations are to the whole or in part, an antidumping duty Richard W. Moreland, regulations codified at 19 CFR Part 351 order based on a review under section Acting Assistant Secretary for Import (1998). 751(b) of the Act (i.e., a changed Administration. Background circumstances review). Section 751(b)(1) [FR Doc. 99–18462 Filed 7–19–99; 8:45 am] of the Act requires a changed On May 21, 1999, Timothy Haley, the BILLING CODE 3510±DS±P circumstances administrative review to president of Pikes Peak Greenhouses, a be conducted upon receipt of a request domestic wholesaler of the subject containing sufficient information DEPARTMENT OF COMMERCE merchandise; the Floral Trade Council; concerning changed circumstances. The and the FTC’s Committees on Standard Department’s regulations at 19 CFR International Trade Administration Carnations, Miniature Carnations, Standard Chrysanthemums, and 351.216(d) require the Department to [A±588±837] Pompom Chrysanthemums (collectively conduct a changed circumstances ‘‘the FTC and its Committees’’) administrative review in accordance Large Newspaper Printing Presses and requested that the Department of with 19 CFR 351.221 if it decides that Components Thereof, Whether Assembled or Unassembled, from Commerce conduct a changed changed circumstances sufficient to Japan: Notice of Initiation of Changed circumstances administrative review to warrant a review exist. Section 782(h) of Circumstances Review of the revoke the antidumping duty order on the Act and section 351.222(g)(1)(i) of Antidumping Duty Order certain fresh cut flowers from Colombia the Department’s regulations provide further that the Department may revoke retroactive to March 1, 1997. The FTC AGENCY: Import Administration, an order, in whole or in part, if it and its Committees stated that they no International Trade Administration, concludes that the order under review is longer have an interest in maintaining Department of Commerce. the antidumping duty order. The FTC is no longer of interest to domestic interested parties. ACTION: Notice of initiation of changed a domestic interested party and was the circumstances antidumping duty The FTC is a domestic interested petitioner in the less-than-fair-value review. (LTFV) investigation of this proceeding. party as defined by section 771(9)(E) of We preliminarily determined that the the Act and 19 CFR 351.102(b) and was SUMMARY: In accordance with 19 CFR affirmative statement of no interest by the petitioner in the LTFV investigation 351.216(b), Goss Graphic Systems, Inc., the domestic interested party of this proceeding. Based on the an interested party in this proceeding, constituted changed circumstances affirmative statement by the FTC and its requested a changed circumstances sufficient to warrant revocation of this Committees of no interest in the review. In response to this request, the order. Consequently, on June 8, 1999, continued application of the order and Department of Commerce is initiating a we published a notice of initiation of a the fact that no interested parties changed circumstances review on large changed circumstances antidumping objected to or otherwise commented on newspaper printing presses and duty administrative review and our preliminary results of this review, components thereof, whether assembled preliminary results of review with we determine that there are changed or unassembled, from Japan. intent to revoke order (64 FR 30487). We circumstances sufficient to warrant EFFECTIVE DATE: July 20, 1999. invited interested parties to comment on revocation of the order. Therefore, the FOR FURTHER INFORMATION CONTACT: the preliminary results of this changed Department is revoking the antidumping Dinah McDougall or David J. circumstances review. We received no duty order on certain fresh cut flowers Goldberger, Office 2, AD/CVD comments. from Colombia, retroactive to March 1, Enforcement Group I, Import 1997. Administration, International Trade Scope of Review As the result of the revocation, the Administration, U.S. Department of The products covered by this changed Department is terminating the Commerce, 14th Street and Constitution circumstances review are certain fresh administrative reviews covering the Avenue, NW, Washington, DC 20230; cut flowers from Colombia including following periods: March 1, 1997, telephone: (202) 482–3773 or (202) 482– standard carnations, miniature (spray) through February 28, 1998 (initiated on 4136, respectively. carnations, standard chrysanthemums, April 21, 1998 (63 FR 19709)); March 1, and pompon chrysanthemums. These 1998, through February 28, 1999 The Applicable Statute and Regulations products are currently classifiable under (initiated on April 30, 1999 (64 FR Unless otherwise indicated, all item numbers 0603.10.30.00, 23269)). citations to the Tariff Act of 1930, as

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices 38889 amended (the Act), are references to the a respondent in the underlying less- components into an existing press provisions effective January 1, 1995, the than-fair-value investigation and system. effective date of the amendments made administrative review covering the Because of their size, large newspaper to the Act by the Uruguay Round period September 1, 1997, through printing press systems, press additions, Agreements Act (URAA). In addition, August 31, 1998, submitted comments and press components are typically unless otherwise indicated, all citations on Goss’ changed circumstances shipped either partially assembled or to the Department of Commerce’s (the request. TKS requested that, if the unassembled, complete or incomplete, Department’s) regulations are to the changed circumstances review were and are assembled and/or completed regulations at 19 CFR Part 351 (1998). initiated, the Department determine and prior to and/or during the installation SUPPLEMENTARY INFORMATION: explain why it would be appropriate to process in the United States. Any of the exclude from the order the specific five components, or collection of Background merchandise identified by the components, the use of which is to On May 28, 1999, Goss Graphic petitioner, but not the broader category fulfill a contract for large newspaper Systems, Inc. (Goss), the petitioner in of color keyless inking equipment as a printing press systems, press additions, this proceeding, requested that the whole. TKS has also requested that the or press components, regardless of Department revoke in part the Department investigate the basis of degree of assembly and/or degree of antidumping duty order on large Goss’ request. combination with non-subject elements newspaper printing presses (LNPP) and before or after importation, is included components thereof, whether assembled Scope of Review in the scope of this antidumping duty or unassembled, from Japan. The products covered by this order. Also included in the scope are Specifically, Goss requested that the antidumping order are large newspaper elements of a LNPP system, addition or Department revoke the order with printing presses, including press component, which taken altogether, respect to imports of the elements and systems, press additions and press constitute at least 50 percent of the cost components of LNPP systems, and components, whether assembled or of manufacture of any of the five major additions thereto, imported to fulfill a unassembled, whether complete or LNPP components of which they are a contract for one or more complete LNPP incomplete, that are capable of printing part. systems which feature a 22 inch cut-off, or otherwise manipulating a roll of For purposes of this antidumping 50 inch web width and a rated speed no paper more than two pages across. A duty order, the following definitions greater than 75,000 copies per hour, page is defined as a newspaper apply irrespective of any different utilizing exclusively the type of printing broadsheet page in which the lines of definition that may be found in Customs unit and color keyless inking system type are printed perpendicular to the rulings, U.S. Customs law or the detailed in Goss’ request, in a tower running of the direction of the paper or HTSUS: (1) The term ‘‘unassembled’’ configuration coupled with folder, reel a newspaper tabloid page with lines of means fully or partially unassembled or tension paster, conveyance and access type parallel to the running of the disassembled; and (2) the term apparatus, and computerized control direction of the paper. ‘‘incomplete’’ means lacking one or system meeting all of the specifications In addition to press systems, the more elements with which the LNPP is described in Goss’ request. scope of this order includes the five intended to be equipped in order to Goss is a domestic producer of the press system components. They are: fulfill a contract for a LNPP system, subject merchandise and the petitioner (1) A printing unit, which is any addition or component. in the underlying sales at less-than-fair- component that prints in monocolor, This scope does not cover spare or value investigation. In its changed spot color and/or process (full) color; replacement parts. Spare or replacement circumstances request, Goss stated that (2) A reel tension paster, which is any parts imported pursuant to a LNPP it has no interest in maintaining the component that feeds a roll of paper contract, which are not integral to the antidumping duty order on LNPPs from more than two newspaper broadsheet original start-up and operation of the Japan with respect to the specific pages in width into a subject printing LNPP, and are separately identified and category of LNPP systems identified in unit; valued in a LNPP contract, whether or its request. (3) A folder, which is a module or not shipped in combination with In its May 28, 1999 letter, Goss also combination of modules capable of covered merchandise, are excluded from requested that the Department publish cutting, folding, and/or delivering the the scope of this order. Used presses are concurrently its notice of initiation and paper from a roll or rolls of newspaper also not subject to this scope. Used preliminary results of changed broadsheet paper more than two pages presses are those that have been circumstances review, pursuant to 19 in width into a newspaper format; previously sold in an arm’s length CFR 351.221(c)(3)(ii). Goss stated that it (4) Conveyance and access apparatus transaction to a purchaser that used accounts for substantially all of the capable of manipulating a roll of paper them to produce newspapers in the production of the domestic like product more than two newspaper broadsheet ordinary course of business. for which partial revocation is sought. pages across through the production Further, the scope of the antidumping Thus, since this portion of the order is process and which provides structural duty order covers all current and future no longer of interest to domestic parties, support and access; and printing technologies capable of Goss stated that expedited action is (5) A computerized control system, printing newspapers, including, but not warranted in this case. Goss requested which is any computer equipment and/ limited to, lithographic (offset or direct), that the effective date of this partial or software designed specifically to flexographic, and letterpress systems. revocation be September 4, 1996, the control, monitor, adjust, and coordinate The products covered by this order are publication date in the Federal Register the functions and operations of large imported into the United States under of the antidumping duty order and newspaper printing presses or press subheadings 8443.11.10, 8443.11.50, amended final determination of sales at components. 8443.30.00, 8443.59.50, 8443.60.00, and less-than-fair value. A press addition is comprised of a 8443.90.50 of the HTSUS. Large On June 15, 1999, Tokyo Kikai union of one or more of the press newspaper printing presses may also Seisakusho, Ltd., (TKS), a Japanese components defined above and the enter under HTSUS subheadings exporter of the subject merchandise and equipment necessary to integrate such 8443.21.00 and 8443.40.00. Large

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38890 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices newspaper printing press computerized line in the back-to-back configuration results of changed circumstances control systems may enter under (left and right hand load pairs). antidumping duty administrative HTSUS subheadings 8471.49.10, 4. Conveyance and Access Apparatus: review, in accordance with 19 CFR 8471.49.21, 8471.49.26, 8471.50.40, Conveyance and access apparatus 351.221(c)(3)(i), which will set forth the 8471.50.80, and 8537.10.90. capable of manipulating a roll of paper factual and legal conclusions upon The products covered by this changed more than two newspaper broadsheets which our preliminary results are based, circumstances review are elements and across through the production process, and a description of any action components of LNPP systems, and and a drive system which is of proposed based on those results. additions thereto, imported to fulfill a conventional shafted design. Interested parties may submit comments contract for one or more complete LNPP 5. Computerized Control System: A for consideration in the Department’s systems which feature a 22 inch cut-off, computerized control system, which is preliminary results not later than 20 50 inch web width and a rated speed no any computer equipment and/or days after publication of this notice. greater than 75,000 copies per hour. In software designed specifically to Responses to those comments may be addition to the specifications set out in control, monitor, adjust, and coordinate submitted not later than 10 days this paragraph, all of which must be met the functions and operations of large following submission of the comments. in order for the product to fall within newspaper printing presses or press All written comments must be this changed circumstances review, the components. submitted in accordance with 19 CFR product must also possess all of the The order with regard to imports of 351.303, and must be served on all specifications detailed in the five (5) other LNPPs is not affected by this interested parties on the Department’s numbered sections following this request. service list in accordance with 19 CFR paragraph and in any figures referenced Initiation of Changed Circumstances 351.303. The Department will also issue below. If one or more of these criteria Antidumping Duty Review its final results of review within 270 is not fulfilled, the product is not within Pursuant to section 751(d)(1) of the days after the date on which the the scope of this changed circumstances Act, the Department may partially changed circumstances review is review: revoke an antidumping or initiated, in accordance with 19 CFR 1. Printing Unit: A printing unit 351.216(c), and will publish these which is a color keyless blanket-to- countervailing duty order based on a review under section 751(b) of the Act results in the Federal Register. blanket tower unit with a fixed gain While the changed circumstances infeed and fixed gain outfeed, with a (i.e., a changed circumstances review). Section 751(b)(1) of the Act requires a administrative review is underway, the rated speed no greater than 75,000 current requirement for a cash deposit copies per hour, which includes the changed circumstances review to be conducted upon receipt of a request of estimated antidumping duties on all following features: subject merchandise, including the • which shows changed circumstances Each tower consisting of four levels, LNPP components and systems that are one or more of which must be sufficient to warrant a review. 19 CFR 351.222(g) provides that the Department the subject of this changed populated. circumstances review, will continue • Plate cylinders which contain slot will conduct a changed circumstances administrative review under 19 CFR unless and until it is modified pursuant lock-ups and blanket cylinders which to the final results of this changed contain reel rod lock-ups both of which 351.216, and may revoke an order (in whole or in part), if it determines that circumstances review. are of solid carbon steel with nickel This notice is in accordance with producers accounting for substantially plating and with bearers at both ends sections 751(b)(1) of the Act and 19 CFR all of the production of the domestic which are configured in-line with 351.216 and 351.222. bearers of other cylinders. like product to which the order (or the • Keyless inking system which part of the order to be revoked) pertains Dated: July 12, 1999. consists of a passive feed ink delivery have expressed a lack of interest in the Bernard Carreau, system, an eight roller ink train, and a relief provided by the order, in whole or Acting Assistant Secretary for Import non-anilox and non-porous metering in part. In addition, in the event that the Administration. roller. Department concludes that expedited [FR Doc. 99–18461 Filed 7–19–99; 8:45 am] • The dampener system which action is warranted, 19 CFR BILLING CODE 3510±DS±P consists of a two nozzle per page 351.221(c)(3)(ii) permits the Department spraybar and two roller dampener with to combine the notices of initiation and one chrome drum and one form roller. preliminary results. DEPARTMENT OF COMMERCE • The equipment contained in the The Department concludes that it color keyless ink delivery system is would be inappropriate to expedite this International Trade Administration designed to achieve a constant, uniform action pursuant to 19 CFR [A±580±825] feed of ink film across the cylinder 351.221(c)(3)(ii) by issuing a without ink keys. This system requires preliminary determination prior to Notice of Extension of Time Limit for use of keyless ink which accepts greater conducting an investigation in the Antidumping Duty Administrative water content. instant case. The Department may need Review of Oil Country Tubular Goods 2. Folder: A module which is a double additional information regarding the from Korea 3:2 rotary folder with 160 pages collect basis for Goss’ request and the ability of capability and double (over and under) the U.S. Customs Service to enforce the AGENCY: Import Administration, delivery, with a cut-off length of 22 antidumping duty order under the International Trade Administration, inches. The upper section consists of revised scope as proposed by Goss. Department of Commerce. three-high double formers (total of 6) Therefore, the Department is not issuing EFFECTIVE DATE: July 20, 1999. with six sets of nipping rollers. preliminary results of its changed SUMMARY: The Department of Commerce 3. RTP: A component which is of the circumstances antidumping duty (the Department) is extending the time two-arm design with core drives and administrative review at this time. limit for the preliminary results of the core brakes, designed for 50 inch The Department will publish in the antidumping duty administrative review diameter rolls; and arranged in the press Federal Register a notice of preliminary of the antidumping order on oil country

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L. 102–567 requires the final • The Binghamton forecast office has FOR FURTHER INFORMATION CONTACT: certifications be published in the FR. an agreement with the contractor at the Jonathan Lyons or Steve Bezirganian, This notice is intended to satisfy that Syracuse airport to provide hourly AD/CVD Enforcement Office 7, Import requirement. snowfall updates as needed. • Administration, International Trade EFFECTIVE DATE: July 20, 1999. 2 Cooperative observers are located within 20 miles and 4 cooperative Administration, U.S. Department of ADDRESSES: Requests for copies of the Commerce, 14th Street and Constitution final certification packages should be observers are within 30 miles of the Avenue, NW, Washington, DC 20230, sent to Tom Beaver, Room 11426, 1325 Syracuse airport to provide additional telephone: (202) 482–0374 or (202) 482– East-West Highway, Silver Spring, MD snowfall measurements. • 17 volunteer snow spotters are 0162, respectively. 20910–3283. located in Onondaga County including SUPPLEMENTARY INFORMATION: Under FOR FURTHER INFORMATION CONTACT: Tom 2 within the Syracuse city limits. section 751(a)(3)(A) of the Tariff Act, as Beaver at 301–713–0300 ext. 136. The NWS stated there has not been a amended (the Act), the Department may SUPPLEMENTARY INFORMATION: The WSO degradation of radar coverage or forecast extend the deadline for completion of Fresno, CA, automation and closure accuracy for lake effect snow events an administrative review if it certification was proposed in the July because: determines that it is not practicable to 14, 1997, Federal Register. The 60-day • The center of the Binghamton complete the review within the public comment period closed on WSR–88D beam is 6500 feet over statutory time limit of 245 days after the September 12, 1997. No public Syracuse and the center of the Montague last day of the anniversary month for the comments were received. At its WSR–88D beam is 6,000 feet over relevant order. In the instant case, the September 24, 1997, meeting, the Syracuse providing non-degraded radar Department has determined that it is not Modernization Transition Committee coverage of lake effect snow events. practicable to complete the review (MTC) endorsed the WSO Fresno WSO Syracuse did not have a local within the statutory time limit. See certifications as not resulting in a radar. Memorandum from Joseph A. Spetrini degradation of service. • The 1995—1997 NWS Lake Effect to Robert S. LaRussa. Therefore, in The automation and closure Snow Study demonstrated forecast accordance with section 751(a)(3)(A) of certifications for WSO Huntington, WV; accuracy for lake effect snow events in the Act, the Department is extending the and consolidation, automation, and the Syracuse area has improved. time limit for the preliminary results closure certifications for WSO At its June 18, 1998, meeting, the until August 31, 1999. This extension Chattanooga, TN, and WSO Syracuse, MTC endorsed the WSO Huntington, fully extends the statutory deadline to NY, were proposed in the April 9, 1998, Chattanooga, and Syracuse certifications 365 days after the last day of the Federal Register. The 60-day public as not resulting in a degradation of anniversary month for the relevant comment period closed on June 8, 1998. service. order. The Department previously Fourteen public comments were The consolidation, automation, and extended the time period for the received pertaining to WSO Syracuse. closure certifications for WSOs preliminary results from May 3, 1999 to No comments were received pertaining Charlotte, NC, Fort Wayne, IN, and August 13, 1999. 64 FR 7855 (February to WSOs Huntington and Chattanooga. South Bend, IN, were proposed in the 17, 1999). A synopsis of the public comments on July 17, 1998, FR. The 60-day comment Dated: July 14, 1999. WSO Syracuse and NWS response are period closed on September 15, 1998. One public comment was received Edward C. Yang, set forth here for reference. Comments on WSO Syracuse, New pertaining to WSO Fort Wayne. No Acting Deputy Assistant Secretary, public comments were received Enforcement Group III. York: Fourteen public comments were received raising two concerns: loss of pertaining to WSOs Charlotte and South [FR Doc. 99–18465 Filed 7–19–99; 8:45 am] the snowfall measurements at the Bend. The public comment on WSO BILLING CODE 3510±DS±P Syracuse airport, and a degradation of Fort Wayne and the NWS response are radar coverage and forecasting accuracy set forth here for reference. Comment on DEPARTMENT OF COMMERCE for lake effect snow events. One WSO Fort Wayne, Indiana: On July 23, comment came from Representative 1998, Mr. Ned A. Speiser, CEM, National Oceanic and Atmospheric James T. Walsh who stated, ‘‘I write to Director, Defiance County Emergency Administration you today to express my concerns management wrote, ‘‘The service regarding the removal of an accurate received has been poor to fair at best. [Docket No. 990709188±9188±01] snow measuring system and on-site Services I was use to receiving from the Cleveland Ohio NWS office are not National Weather Service (NWS) observation for Syracuse.’’ One of the offered by the North Webster Indian Modernization and Associated fourteen comments was in favor of office. Services such as a paging system Restructuring; Final Certification of No closing the Syracuse office. NWS Response: The NWS provided that warned of watches and warnings at Degradation of Service for the the following information to the no cost, a simple phone call from NWS Combined Consolidation and/or Modernization Transition Committee to relay emergency information or to get Automation and Closure of Seven (MTC) on June 18, 1998, in response to information from me during bad Weather Service Offices (WSO) the concerns raised in the public weather. We do not receive the NOAA AGENCY: NWS, NOAA, Commerce. comments. The NWS stated there will Radio transmission either. ACTION: Notice. not be a loss of snowfall measurement There have been several bad storm because: cells that have moved through the area SUMMARY: On July 7, 1999, the Under • Syracuse is a Service Level A that warranted at least a watch, but none Secretary of Commerce for Oceans and airport, and there is a Federal Aviation were received. Warnings have also not Atmosphere transmitted to Congress Administration contractor in place to been received when NWS says there notice of approval for five WSO provide snow depth on the ground and was one issued. They said it was due to

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38892 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices computer and technical communication At its September 20, 1998, meeting, The current limit for Category 870 is problems. This is not acceptable. the MTC endorsed the WSO Charlotte, being increased for swing. The North Webster Indiana NWS WSO Fort Wayne, and WSO South Bend A description of the textile and informed me that they had put a cut off certifications as not resulting in a apparel categories in terms of HTS date on providing severe weather degradation of service. numbers is available in the classes when I called to schedule a After consideration of public CORRELATION: Textile and Apparel class. There was never a cut off date comments received and the MTC Categories with the Harmonized Tariff before. The Cleveland Office was always endorsements, the Under Secretary of Schedule of the United States (see willing to work around my schedule as Commerce for Oceans and Atmosphere Federal Register notice 63 FR 71096, well as the people taking the class. approved these seven combined published on December 23, 1998). Also Last, but most important, is the consolidation and/or automation and see 63 FR 67046, published on attitude of the employees at the North closure certifications and transmitted December 4, 1998. notice of approval to Congress on July Webster Office. We, other NW OHIO Troy H. Cribb, EMA Directors, and myself have had to 7, 1999. Certification approval authority was delegated from the Secretary of Chairman, Committee for the Implementation call not one, but two emergency of Textile Agreements. meetings in the past four months to Commerce to the Under Secretary in discuss the above mentioned problems. June 1996. The NWS is now completing Committee for the Implementation of Textile Our complaints have fallen on deaf ears. the certification requirements of Pub. L. Agreements It seems that they do not want to assist 102–567 by publishing the final July 15, 1999. us in receiving the quality of service consolidation and/or automation and Commissioner of Customs, that we deserve and need to protect the closure certification notice in the Department of the Treasury, Washington, DC citizens in our counties. Federal Register. 20229. I would be happy to discuss this in Dated: July 14, 1999. Dear Commissioner: This directive amends, but does not cancel, the directive further detail if you wish by contacting John E. Jones, Jr. me at 419–782–1130. Thank you and I issued to you on November 30, 1998, by the Deputy Assistant Administrator for Weather Chairman, Committee for the Implementation appreciate any help you may be able to Services. of Textile Agreements. That directive offer.’’ NWS Response: Mr. Michael [FR Doc. 99–18455 Filed 7–19–99; 8:45 am] concerns imports of certain cotton, wool, Sabones, Meteorologist in Charge, BILLING CODE 3510±KE±M man-made fiber, silk blend and other Northern Indiana office worked with vegetable fiber textiles and textile products, Mr. Speiser to satisfy his concerns. First, produced or manufactured in China and NWS has agreed to continue the pager exported during the twelve-month period service for Mr. Speiser. Second, there COMMITTEE FOR THE which began on January 1, 1999 and extends are areas of the country not covered by IMPLEMENTATION OF TEXTILE through December 31, 1999. NOAA Weather Radio (NWR). The NWS AGREEMENTS Effective on July 21, 1999, you are directed is working with state and local to increase the limit for Category 870 to governments and private entities in a Adjustment of an Import Limit for 34,928,462 1 kilograms, as provided for under public/private partnership to increase Certain Silk Blend and Other Vegetable the terms of the current bilateral textile the NWR coverage. Third, outdated Fiber Textiles and Textile Products agreement between the Governments of the communications software has been Produced or Manufactured in the United States and the People’s Republic of People's Republic of China China. updated with more reliable software The Committee for the Implementation of which alleviated the technical and July 15, 1999. Textile Agreements has determined that this communications problems referred to by action falls within the foreign affairs AGENCY: Committee for the Mr. Speiser. Fourth, due to the exception to the rulemaking provisions of 5 Implementation of Textile Agreements upcoming severe weather season, the U.S.C. 553(a)(1). North Webster Indiana forecast office set (CITA). Sincerely, a goal to complete spotter training by ACTION: Issuing a directive to the Troy H. Cribb, April 15. This did not fit with Mr. Commissioner of Customs adjusting a Chairman, Committee for the Implementation Speiser’s schedule, and after clearing up limit. of Textile Agreements. the misunderstanding, a second training EFFECTIVE DATE: July 21, 1999. [FR Doc.99–18466 Filed 7–19–99; 8:45 am] session was scheduled after April 15 for BILLING CODE 3510±DR±F Defiance county spotters. On April 21, FOR FURTHER INFORMATION CONTACT: 1998, Mr. Speiser wrote, ‘‘Thank you for Janet Heinzen, International Trade providing the great informational Severe Specialist, Office of Textiles and COMMITTEE FOR THE Weather Spotter classes in the month of Apparel, U.S. Department of Commerce, IMPLEMENTATION OF TEXTILE April.’’ Finally, the perceived attitude of (202) 482–4212. For information on the AGREEMENTS the employees at the North Webster quota status of this limit, refer to the Indiana forecast office, related to the Quota Status Reports posted on the Adjustment of Import Limits for Certain pager problem, was resolved to Mr. bulletin boards of each Customs port, Cotton and Man-Made Fiber Textile Speiser’s satisfaction. Mr. Sabones met call (202) 927–5850, or refer to the U.S. Products Produced or Manufactured in with Mr. Speiser on September 15, Customs website at http:// Nepal 1998, at the Ohio Emergency www.customs.ustreas.gov. For Management Association meeting and information on embargoes and quota re- July 15, 1999. again on September 29, 1998, during a openings, call (202) 482–3715. AGENCY: Committee for the meeting to review flooding concerns in SUPPLEMENTARY INFORMATION: Implementation of Textile Agreements Defiance county. Mr. Speiser is satisfied Authority: Section 204 of the Agricultural (CITA). with the efforts of the North Webster Act of 1956, as amended (7 U.S.C. 1854); Indian forecast office to resolve his Executive Order 11651 of March 3, 1972, as 1 The limit has not been adjusted to account for concerns. amended. any imports exported after December 31, 1998.

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ACTION: Issuing a directive to the COMMODITY FUTURES TRADING Category Adjusted twelve-month Commissioner of Customs adjusting limit 1 COMMISSION limits. 342/642 ...... 275,067 dozen. Privacy Act of 1974: System of EFFECTIVE DATE: July 21, 1999. 347/348 ...... 904,593 dozen. Records FOR FURTHER INFORMATION CONTACT: 640 ...... 108,754 dozen. Janet Heinzen, International Trade 641 ...... 329,149 dozen. AGENCY: Commodity Futures Trading Specialist, Office of Textiles and 1 The limits have not been adjusted to ac- Commission. Apparel, U.S. Department of Commerce, count for any imports exported after December ACTION: Notice of new systems of (202) 482–4212. For information on the 31, 1998. records. quota status of these limits, refer to the The Committee for the Implementation of Quota Status Reports posted on the Textile Agreements has determined that SUMMARY: This notice adds three bulletin boards of each Customs port, these actions fall within the foreign affairs systems to the Commodity Futures call (202) 927–5850, or refer to the U.S. exception of the rulemaking provisions of 5 Trading Commission’s systems of Customs website at http:// U.S.C. 553(a)(1). records maintained under the Privacy www.customs.ustreas.gov. For Sincerely, Act: Freedom of Information Act information on embargoes and quota re- Troy H. Cribb, requests, Privacy Act requests, and openings, call (202) 482–3715. Chairman, Committee for the Implementation requests for confidential treatment. This of Textile Agreements. notice informs the public of the SUPPLEMENTARY INFORMATION: [FR Doc. 99–18467 Filed 7–19–99; 8:45 am] existence and character of these systems Authority: Section 204 of the Agricultural BILLING CODE 3510±DR±F and the routine uses which the Act of 1956, as amended (7 U.S.C. 1854); Commission may make of the Executive Order 11651 of March 3, 1972, as information contained in the systems. amended. COMMODITY FUTURES TRADING DATES: Comments on the establishment The current limits for certain COMMISSION of the new systems of records must be categories are being adjusted, variously, received no later than August 19, 1999. for swing, special shift, carryover, Sunshine Act Meeting The new systems of records will be carryforward and carryforward used. effective August 29, 1999 unless the A description of the textile and AGENCY HOLDING THE MEETING: Commission receives comments which apparel categories in terms of HTS Commodity Futures Trading would result in a contrary numbers is available in the Commission. determination. . CORRELATION: Textile and Apparel TIME AND DATE: 2:00 p.m., Tuesday, July ADDRESSES: Comments should be Categories with the Harmonized Tariff 20, 1999. Schedule of the United States (see addressed to Jean A. Webb, Secretary, PLACE: 1155 21st St., N.W., Washington, Commodity Futures Trading Federal Register notice 63 FR 71096, D.C., 9th Floor Conference Room. published on December 23, 1998). Also Commission, Three Lafayette Centre, STATUS: see 63 FR 64069, published on Closed. 1155 21st Street, NW, Washington, DC November 18, 1998. MATTERS TO BE CONSIDERED: Rule 20581. Comments may also be sent via electronic mail to [email protected]. Troy H. Cribb, Enforcement Review. Chairman, Committee for the Implementation CONTACT PERSON FOR MORE INFORMATION: FOR FURTHER INFORMATION CONTACT: of Textile Agreements. Jean A. Webb, 202–418–5100. Stacy Dean Yochum, Office of the Catherine D. Dixon, Executive Director, (202) 418–5157, or Committee for the Implementation of Textile Eileen Donovan, Office of the Agreements Assistant Secretary of the Commission. Secretariat, (202) 418–5096, Commodity [FR Doc. 99–18594 Filed 7–16–99; 2:40 pm] July 15, 1999. Futures Trading Commission, Three Commissioner of Customs, BILLING CODE 6351±01±M Lafayette Centre, 1155 21st Street, NW, Department of the Treasury, Washington, DC Washington, DC 20581. 20229. Dear Commissioner: This directive COMMODITY FUTURES TRADING SUPPLEMENTARY INFORMATION: In amends, but does not cancel, the directive COMMISSION accordance with the Privacy Act of issued to you on November 12, 1998, by the 1974, 5 U.S.C. 552a, and the Chairman, Committee for the Implementation Sunshine Act Meeting Commission’s implementing of Textile Agreements. That directive regulations, 17 CFR part 146, the AGENCY HOLDING THE MEETING: concerns imports of certain cotton and man- Commission is publishing a description made fiber textile products, produced or Commodity Futures Trading of three new systems of records. Each is manufactured in Nepal and exported during Commission. described in detail below. the twelve-month period which began on TIME AND DATE: 2:00 p.m., Thursday, July 1. Freedom of Information Act January 1, 1999 and extends through 29, 1999. December 31, 1999. Requests. The Commission established Effective on July 21, 1999, you are directed PLACE: 1155 21st St., N.W., Washington, this system of records to manage the to adjust the current limits for the following D.C., 9th Floor Conference Room. processing of requests received under categories, as provided for under the terms of STATUS: Closed. the Freedom of Information Act. the current bilateral textile agreement MATTERS TO BE CONSIDERED: Because this system allows retrieval of between the Governments of the United Enforcement Matters. information about an individual through States and Nepal: his or her name, the Privacy Act of CONTACT PERSON FOR MORE INFORMATION: 1974, as amended, requires a general Category Adjusted twelve-month Jean A. Webb, 202–418–5100. limit 1 notice of the existence of this system of Catherine D. Dixon, records to the public. 336/636 ...... 315,299 dozen. Assistant Secretary of the Commission. The Freedom of Information Act 340 ...... 471,102 dozen. [FR Doc. 99–18595 Filed 7–16–99; 2:40 pm] (FOIA) provides individuals with a right 341 ...... 1,056,370 dozen. BILLING CODE 6351±01±M of access to federal agency records,

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38894 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices except to the extent that such records Once the requester’s identity is Commission staff review the are protected from disclosure by one of confirmed, search forms are sent to the justification and determine whether nine exemptions. When the Commission Commission offices or divisions which confidential treatment should be receives a FOIA request, the request is maintain the records requested. Staff granted or denied. If it is denied, the assigned a control number for tracking members in the responding office or submitter may appeal that purposes and a letter is sent to the division complete the form and return it determination to the Commission’s requester acknowledging receipt of the to the Commission’s FOIA Compliance Office of the General Counsel. request. Office with any responsive material Information pertaining to the processing Search forms are sent to the located. When all completed search and disposition of each request is Commission offices or divisions which forms are returned, a response letter is compiled electronically in the petitions maintain the records requested. Staff prepared and sent to the requester with database. members in the responding office or any responsive material not exempt These new systems of records, as division complete the form and return it from disclosure. required by 5 U.S.C. 552a(r) of the to the Commission’s FOIA Compliance A file folder is maintained for each Privacy Act, have been submitted to the Office with any responsive material request received and each folder Committee on Government Oversight located. When all completed search contains the original request, copies of and Reform of the U.S. House of forms have been returned, a response the acknowledgement and response Representatives, the Committee on letter is prepared and sent to the letters, the requester’s proof of identity, Governmental Affairs of the U.S. Senate, requester with any responsive material the search forms, any memoranda or and the Office of Management and not exempt from disclosure. notes related to the processing of the Budget, pursuant to Appendix I to OMB A file folder is maintained for each request, a copy of the bill sent to the Circular A–130, ‘‘Federal Agency request received and each folder requester if fees were incurred, and a Responsibilities for Maintaining contains the original request, copies of copy or record of the material provided Records About Individuals,’’ dated the acknowledgment and response to the requester. The records are kept in February 8, 1996. Accordingly, the letters, the search forms, any locked file cabinets until destroyed in Commission is giving notice of the memoranda or notes related to the accordance with GRS–14. Once a establishment of the following systems processing of the request, a copy of the request is closed, the records are used of records: bill sent to the requester if fees were only to process appeals and to prepare incurred, and a copy or record of the the Commission’s biennial Privacy Act CFTC±39 material provided to the requester. The report to Congress, without reference to SYSTEM NAME: records are kept in locked file cabinets the individual who made the request. until destroyed in accordance with Information pertaining to the processing Freedom of Information Act Requests. National Archives and Records and disposition of each request is SYSTEM LOCATION: Administration (NARA) General compiled electronically in the FOIA FOI, Privacy and Sunshine Acts Records Schedule (GRS) 14. Once a Tracking System database and destroyed Compliance Office, Commodity Futures request is closed, the records are used in accordance with GRS–14. Trading Commission, Three Lafayette only to expedite the processing of 3. Requests for Confidential Centre, 1155 21st Street, NW, appeals and subsequent requests for the Treatment. Individuals submitting Washington, DC 20581. Copies of the same information and to prepare the information to the Commission may also requests and any related internal Commission’s annual report to the submit a written request for confidential administrative records may also be Department of Justice on FOIA activity treatment of that information. The maintained by other offices involved in for the fiscal year, without reference to Commission maintains these requests the processing of requests. the individual who made the request. for confidential treatment in a system of Information pertaining to the processing records so that if the Commission CATEGORIES OF INDIVIDUALS COVERED BY THE and disposition of each request is receives a FOIA request for the SYSTEM: compiled electronically in the FOIA information, the submitter can be Persons requesting information from Tracking System database and destroyed notified and given the opportunity to the Commission pursuant to provisions in accordance with GRS–14. justify withholding the information of the Freedom of Information Act, 5 2. Privacy Act Requests. The from the requester. Because this system U.S.C. 552, and persons who are the Commission established this system of allows retrieval of information about an subjects of Freedom of Information Act records to manage the processing of individual through his or her name, the requests. requests received under the Privacy Act. Privacy Act of 1974, as amended, Because this system allows retrieval of requires a general notice of the existence CATEGORIES OF RECORDS IN THE SYSTEM: information about an individual through of this system of records to the public. Requests, internal memoranda, his or her name, the Privacy Act of A submitter seeking confidential response letters, appeals of denials, 1974, as amended, requires a general treatment must request such treatment appeal determinations and electronic notice of the existence of this system of in writing and copies of the request tracking data. records to the public. must be sent to the Commission office AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The Privacy Act provides individuals or division receiving the information for 5 U.S.C. 552, 5 U.S.C. 301. with a right of access to records about which confidential treatment is sought themselves that are maintained in a and to the Commission’s FOIA ROUTINE USES OF RECORDS MAINTAINED IN THE federal agency’s system of records. Compliance Office. The request is SYSTEM, INCLUDING CATEGORIES OF USERS AND When the Commission receives a indexed and placed in a file folder in a THE PURPOSES OF SUCH USES: Privacy Act request, the request is locked cabinet until a FOIA request for The records are used by Commission assigned a control number for tracking the subject information is received. staff to process FOIA requests and purposes and a letter is sent to the If such a FOIA request is received, the appeals and to prepare an annual report requester acknowledging receipt of the submitter is notified and asked to to the Department of Justice on the request and asking for proof of the submit a detailed written justification of Commission’s FOIA activity. See also requester’s identity. the confidential treatment request. the Commission’s ‘‘General Statement of

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Routine Uses,’’ Nos. 1 and 2, Privacy CATEGORIES OF INDIVIDUALS COVERED BY THE this system of records, or contesting the Act Issuances, 1997 Comp. SYSTEM: content of records about themselves Persons filing requests for access to, contained in this system of records POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND correction of, or an accounting of should address written inquiry to the DISPOSING OF RECORDS IN THE SYSTEM: disclosures of personal information FOI, Privacy and Sunshine Acts contained in system of records Compliance Staff, Commodity Futures STORAGE: maintained by the Commission, Trading Commission, 1155 21st Street, Paper records in file folders, computer pursuant to the Privacy Act of 1974. 5 NW, Washington, DC 20581. memory, computer printouts, and U.S.C. 552a. microfiche. RECORD SOURCE CATEGORIES: CATEGORIES OF RECORDS IN THE SYSTEM: RETRIEVABILITY: Persons requesting information from Requests, internal memoranda, the Commission pursuant to the Privacy By assigned control number, by name response letters, appeals of denials, Act and employees processing the of requester, or by subject of request. appeal determinations and electronic requests. SAFEGUARDS: tracking data. CFTC±41 Paper records and microfiche are AUTHORITY FOR MAINTENANCE OF THE SYSTEM: maintained in lockable file cabinets on SYSTEM NAME: 5 U.S.C. 552a, 5 U.S.C. 301. secured premises. Information stored on Requests for Confidential Treatment. computers is protected by a password, ROUTINE USES OF RECORDS MAINTAINED IN THE with access limited to persons whose SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM LOCATION: official duties require access. THE PURPOSES OF SUCH USES: FOI, Privacy and Sunshine Acts RETENTION AND DISPOSAL: The records are used by Commission Compliance Office, Commodity Futures FOIA requests are retained in staff to process Privacy Act requests and Trading Commission, Three Lafayette accordance with General Records appeals and to prepare the Centre, 1155 21st Street, NW, Schedule 14 of the National Archives Commission’s Biennial Privacy Act Washington, DC 20581. A copy of the and Records Administration. report to Congress. See also the request may also be kept by the office Commission’s ‘‘General Statement of receiving the document for which SYSTEM MANAGERS AND ADDRESS: Routine Uses,’’ Nos. 1 and 2, Privacy confidential treatment is being Assistant Secretary to the Commission Act Issuances, 1997 Comp. requested. for FOIA Matters, Office of the Secretariat, Commodity Futures Trading POLICIES AND PRACTICES FOR STORING, CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Commission, Three Lafayette Centre, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: 1155 21st Street, NW, Washington, DC Persons requesting confidential 20581. STORAGE: treatment of, and persons who are the Paper records in file folders, computer subjects of, documents filed with the NOTIFICATION PROCEDURE: memory, computer printouts, and Commission. Individuals seeking to determine microfiche. whether this system of records contains CATEGORIES OF RECORDS IN THE SYSTEM: information about themselves, seeking RETRIEVABILITY: Requests for confidential treatment, access to records about themselves in By assigned control number or by the documents for which confidential this system of records or contesting the name of requester. treatment is requested and electronic content of records about themselves tracking data. contained in this system of records SAFEGUARDS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: should address written inquiry to the Paper records and microfiche are FOI, Privacy and Sunshine Acts maintained in lockable file cabinets on 5 U.S.C. 552, 5 U.S.C. 301. Compliance Staff, Commodity Futures secured premises. Information stored on ROUTINE USES OF RECORDS MAINTAINED IN THE Trading Commission, 1155 21st Street, computers is protected by a password, SYSTEM, INCLUDING CATEGORIES OF USERS AND NW, Washington, DC 20581. with access limited to persons whose THE PURPOSES OF SUCH USES. official duties require access. RECORD SOURCE CATEGORIES: The records are used by Commission Persons requesting information from RETENTION AND DISPOSAL: staff to determine whether to grant or the Commission pursuant to the Privacy Act requests are retained in deny confidential treatment of Freedom of Information Act and accordance with General Records information submitted to the employees processing the requests. Schedule 14 of the National Archives Commission for which a FOIA request and Records Administration. has been received and to process CFTC±40 appeals of determinations denying SYSTEM NAME: SYSTEM MANAGER(S) AND ADDRESS: confidential treatment for submitted Privacy Act Requests. Assistant Secretary to the Commission information. See also the Commission’s for FOIA Matters, Office of the ‘‘General Statement of Routine Uses,’’ SYSTEM LOCATION: Secretariat, Commodity Futures Trading Nos. 1 and 2, Privacy Act Issuances, FOI, Privacy and Sunshine Acts Commission, Three Lafayette Center, 1997 Comp. Compliance Office, Commodity Futures 1155 21st Street, NW, Washington, DC Trading Commission, Three Lafayette POLICIES AND PRACTICES FOR STORING, 20581. RETRIEVING, ACCESSING, RETAINING, AND Centre, 1155 21st Street, NW, DISPOSING OF RECORDS IN THE SYSTEM: Washington, DC 20581. Copies of the NOTIFICATION PROCEDURE: requests and any related internal Individuals seeking to determine STORAGE: administrative records may also be whether this system of records contains Paper records in file folders, computer maintained by other offices involved in information about themselves, seeking memory, computer printouts, and the processing of requests. access to records about themselves in microfiche.

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RETRIEVABILITY: FY 2001 Budget Request SUPPLEMENTARY INFORMATION: By name of requester or by subject of The Commission will consider issues A. Purpose request related to the Commission’s budget for fiscal year 2001. FAR Subpart 23.9 and its associate SAFEGUARDS: For a recorded message containing the solicitation provision and contract Paper records are maintained in latest agenda information, call (301) clause implement the requirements of lockable file cabinets on secured 504–0709. E.O. 12969 of August 8, 1995 (60 FR premises. Information stored on CONTACT PERSON FOR ADDITIONAL 40989, August 10, 1995), ‘‘Federal computers is protected by a password, INFORMATION: Sadye E. Dunn, Office of Acquisition and Community Right-to- with access limited to persons whose the Secretary, 4330 East-West Highway, Know,’’ and the Environmental official duties require access. Bethesda, MD 20207 (301) 504–0800. Protection Agency’s ‘‘Guidance Dated: July 15, 1999. Implementing E.O. 12969; Federal RETENTION AND DISPOSAL: Sadye E. Dunn, Acquisition Community Right-to-Know; Records are retained for 20 years, then Secretary. Toxic Chemical Release Reporting’’ (60 destroyed. FR 50738, September 29, 1995). The [FR Doc. 99–18648 Filed 7–16–99; 3:24 pm] FAR coverage requires offerors in BILLING CODE 6355±01±M SYSTEM MANAGER AND ADDRESS: competitive acquisitions over $100,000 Assistant Secretary to the Commission (including options) to certify that they for FOIA Matters, Office of the will comply with applicable toxic DEPARTMENT OF DEFENSE Secretariat, Commodity Futures Trading chemical release reporting requirements Commission, Three Lafayette Centre, GENERAL SERVICES of the Emergency Planning and 1155 21st Street, NW, Washington, DC ADMINISTRATION Community Right-to-Know Act of 1986 20581. (42 USC 11001–11050) and the NATIONAL AERONAUTICS AND Pollution Prevention Act of 1990 (42 NOTIFICATION PROCEDURE: SPACE ADMINISTRATION USC 13101–13109). Individuals seeking to determine [OMB Control No. 9000±0139] whether this system of records contains B. Annual Reporting Burden information about themselves, seeking Proposed Collection; Comment Public reporting burden for this access to records about themselves in Request Entitled Federal Acquisition collection of information is estimated to this system of records, or contesting the and Community Right-To-Know average 30 minutes per response, content of records about themselves including the time for reviewing contained in this system of records AGENCIES: Department of Defense (DOD), instructions, searching existing data should address written inquiry to the General Services Administration (GSA), sources, gathering and maintaining the FOI, Privacy and Sunshine Acts and National Aeronautics and Space data needed, and completing and Compliance Staff, Commodity Future Administration (NASA). reviewing the collection of information. Trading Commission, 1155 21st Street, ACTION: Notice of request for an NW, Washington, DC 20581. extension to an existing OMB clearance The annual reporting burden is (9000–0139). estimated as follows: Respondents, RECORD SOURCE CATEGORIES: 167,487; responses per respondent, 1; SUMMARY: Under the provisions of the Persons submitting documents to the total annual responses, 167,487, Paperwork Reduction Act of 1995 (44 Commission. preparation hours per response, 0.50; U.S.C. Chapter 35), the Federal and total response burden hours, Issued in Washington, DC this 14th day of Acquisition Regulation (FAR) 83,744. July, 1999 by the Commodity Futures Secretariat will be submitting to the Trading Commission. Office of Management and Budget Obtaining Copies of Proposals Catherine D. Dixon, (OMB) a request to review and approve Assistant Secretary to the Commission. an extension of a currently approved Requester may obtain a copy of the [FR Doc. 99–18393 Filed 7–20–99; 8:45 am] information collection requirement justification from the General Services Administration, FAR Secretariat BILLING CODE 6351±01±M concerning Federal Acquisition and Community Right-to-Know. The (MVRS), Room 4035, Washington, DC clearance currently expires on October 20405, telephone (202)208–7312. Please 31, 1999. cite OMB Control No. 9000–0139, Federal Acquisition and Community CONSUMER PRODUCT SAFETY DATES: Comments may be submitted on Right-to-Know, in all correspondence. COMMISSION or before September 20, 1999. ADDRESSES: Dated: July 14, 1999. Sunshine Meeting Notice Comments regarding this burden estimate or any other aspect of Edward C. Loeb, AGENCY: U.S. Consumer Product Safety the collection of information, including Director, Federal Acquisition Policy Division. Commission, Washington, DC 20207. suggestions for reducing this burden [FR Doc. 99–18397 Filed 7–19–99; 8:45 am] should be submitted to: FAR Desk TIME AND DATE: Tuesday, July 27, 1999, BILLING CODE 6820±34±P Officer, OMB, Room 10102, NEOB, 10:00 a.m. Washington, DC 20503, and a copy to LOCATION: Room 420, East West Towers, the General Services Administration, DEPARTMENT OF DEFENSE 4330 East-West Highway, Bethesda, FAR Secretariat (MVRS), 1800 F Street, Maryland. NW, Room 4035, Washington, DC Waiver of 10 U.S.C. 2534 for Certain STATUS 20405. Defense Items Produced in the United FOR FURTHER INFORMATION CONTACT: Paul Kingdom Matter to be Considered Linfield, Federal Acquisition Policy Open to the Public. Division, GSA (202) 501–1757. AGENCY: Department of Defense (DoD).

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ACTION: Notice of waiver of 10 U.S.C. defense items produced in the UK 9. Ball and roller bearings 2534 for certain defense items produced would impede the reciprocal Michele P. Peterson, in the United Kingdom. procurement of defense items under the Executive Editor, Defense Acquisition MOU. Regulations Council. SUMMARY: The Under Secretary of [FR Doc. 99–18217 Filed 7–19–99; 8:45 am] Defense (Acquisition and Technology) is Under the authority of 10 U.S.C. 2534, waiving the limitation of 10 U.S.C. 2534 the Under Secretary of Defense BILLING CODE 5000±04±M for certain defense items produced to (Acquisition and Technology) has determined that application of the the United Kingdom (UK). 10 U.S.C. DEPARTMENT OF DEFENSE 2534 limits DoD procurement of certain limitation of 10 U.S.C. 2534(a) to the items to sources in the national procurement of any defense item produced in the UK that is listed below U.S. Army Corps of Engineers, technology and industrial base. The Department of the Army waiver will permit procurement of items would impede the reciprocal enumerated from sources in the UK, procurement of defense items under the Intent To Prepare a Draft unless otherwise restricted by statute. MOU with the UK. Environmental Impact Statement EFFECTIVE DATE: This waiver is effective On the basis of the foregoing, the (DEIS) for Construction of a for one year, beginning August 4, 1999. Under Secretary of Defense (Acquisition Containerized Cargo and Cruise Ship and Technology) is waiving the FOR FURTHER INFORMATION CONTACT: Mr. Terminal, Along Port Road, East of Old limitation in 10 U.S.C. 2534(a) for Michael Mutty, OUSD (A&T), Director Highway 146, in the Extra-territorial procurements of any defense item listed of Defense Procurement, Foreign Jurisdiction of the City of Pasadena below that is produced in the UK. This Contracting, Room 3C762, 3060 Defense and the City of Seabrook, Harris waiver applies only to the limitations in Pentagon, Washington, DC 20301–3060, County, Texas 10 U.S.C. 2534(a). It does not apply to telephone (703) 697–9353. any other limitation, including sections AGENCY: U.S. Army Corps of Engineers, SUPPLEMENTARY INFORMATION: 8016 and 8067 of the DoD Galveston District, DoD. Subsection (a) of 10 U.S.C. 2534 Appropriations Act for Fiscal Year 1999 ACTION: Revised Notice of Intent: Date provides that the Secretary of Defense (Pub. L. 105–262). This waiver applies and Location Change for Public Scoping may procure the items listed in that to procurements under solicitations Meeting. subsection only if the manufacturer of issued during the period from August 4, SUMMARY: The U.S. Army Corps of the item is part of the national 1999, to August 3, 2000. A similar Engineers, Galveston District intends to technology and industrial base. waiver was granted for the period from prepare a DEIS to access the social, Subsection (i) of 10 U.S.C. 2534 August 4, 1998, to August 3, 1999 (63 economic and environmental effects of authorizes the Secretary of Defense to FR 38815, July 20, 1998). For contracts the proposed multi-year phased exercise the waiver authority in entered into prior to August 4, 1998, construction of a container terminal and subsection (d), on the basis of the this waiver applies to procurements of cruise ship facility. The DEIS will assess applicability of paragraph (2) or (3) of the defense items listed below under— that subsection, only if the waiver is potential impacts on a range of made for a particular item listed in (1) Subcontracts entered into during alternatives, including the preferred subsection (a) and for a particular the period from August 4, 1999, to alternative. foreign country. Subsection (d) August 3, 2000, provided the prime FOR FURTHER INFORMATION CONTACT: For authorizes a waiver if the Secretary contract is modified to provide the further information and/or questions determines that application of the Government adequate consideration about the proposed action and DEIS, limitation ‘‘would impede the reciprocal such as lower cost or improved please contact Mr. Mark King, Project procurement of defense items under a performance; and Manager, by letter at U.S. Army Corps memorandum of understanding (2) Options that are exercised during of Engineers, P.O. Box 1229, Galveston, providing for reciprocal procurement of the period from August 4, 1999, to Texas 77550, by telephone at (409) 766– defense items’’ and if he determines that August 3, 2000, if the option prices are 3991, or by electronic mail at ‘‘that country does not discriminate adjusted for any reason other than the [email protected]. against defense items produced in the application of the waiver, and if the SUPPLEMENTARY INFORMATION: The United States to a greater degree than contract is modified to provide the Galveston District intends to prepare a the United States discriminates against Government adequate consideration DEIS on the proposed container cargo defense items produced in that such as lower cost or improved and cruise ship terminal which would country.’’ The Secretary of Defense has performance. be located along Port Road, east of Old delegated the waiver authority of 10 List of Items to Which This Waiver Highway 146, in the Extra-territorial U.S.C. 2534(d) to the Under Secretary of Applies Jurisdiction of the City of Pasadena and Defense (Acquisition and Technology). the City of Seabrook, Harris County, DoD has a reciprocal procurement 1. Air circuit breakers Texas. The Port of Houston Authority Memorandum of Understanding (MOU) 2. Welded shipboard anchor and (PHA) proposes this project. with the UK that was signed on mooring chain with a diameter of four 1. Description of the Proposed Project December 13, 1994. inches or less The Under Secretary of Defense The PHA proposes to construct (Acquisition and Technology) finds that 3. Gyrocompasses containerized cargo loading areas, the UK does not discriminate against 4. Electronic navigation chart systems roadways, rail lines, an intermodal defense items produced in the United 5. Steering controls transit yard, and associated warehouses, States to a greater degree than the administration, and operations 6. Pumps United States discriminates against buildings. It is the PHA’s projection that defense items produced in the UK, and 7. Propulsion and machinery control initial construction would use also finds that application of the systems approximately 1,600 feet of waterfront limitation in 10 U.S.C. 2534 against 8. Totally enclosed lifeboats and 54 acres of land for a container

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38898 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices yard. Construction beyond this initial waste and materials; land use; Energy, U.S. Department of Energy, phase would occur in increments (50– aesthetics; public health and safety; 1000 Independence Avenue, SW, 100 acre yard expansions and associated navigation; flood plain values; shoreline Washington, DC 20585–0350 (FAX 202– waterfront construction). These erosion and accretion; and the needs 287–5736). additional phases of construction would and welfare of the people. FOR FURTHER INFORMATION CONTACT: occur based upon cargo demand. It is 5. Cooperating Agencies Xavier Puslowski (Program Office) 202– currently estimated that the ultimate 586–4708 or Michael Skinker (Program build-out of the container terminal to No other Federal agencies have been Attorney) 202–586–6667. seven berths and over 608 acres of identified having permitting, certifying, SUPPLEMENTARY INFORMATION: Exports of or other approval authority for the container yard and a 90 acre intermodal electricity from the United States to a transit facility (rail yard) could take 15 proposed project. However, the Federal foreign country are regulated and to 20 years. Cruise ship facilities beyond Highway Administration, the require authorization under section the initial single berth would be Environmental Protection Agency and 202(e) of the Federal Power Act (FPA) constructed based upon passenger Texas Natural Resources Conservation (16 U.S.C. 824a(e)). demand. Commission have agreed to cooperate in On July 2, 1999, the Office of Fossil the technical review of the DEIS. 2. Alternatives Energy (FE) of the Department of Energy The following alternatives will be 6. Additional Review and Consultation (DOE) received an application from examined to identify the reasonable Additional review and consultation SCEM to transmit electric energy from alternatives to be fully evaluated in the which will be incorporated into the the United States to Canada. SCEM, a DEIS: No Action; the modification of preparation of this DEIS will include: Delaware limited partnership, is a existing PHA facilities to meet the compliance with the Texas Coastal power marketer that does not own or purpose and need of and for the Management Program; protection of control any electric generation or proposed project; alternative locations cultural resources under Section 106 of transmission facilities nor does it have within the jurisdictional authority of the the Historic Preservation Act; protection any franchised service territory in the PHA where the proposed facilities of navigation under the Rivers and United States. might be developed; off-site alternatives Harbors Act of 1899; protection of water SCEM proposes to arrange for the such as Spillman Island, Shoal Point quality under Section 401 of the Clean delivery of electric energy to Canada (Texas City), and Galveston Harbor; Water Act; and protection of endangered over the international transmission modified on-site alternatives. The and threatened species under Section 7 facilities owned by Basin Electric Power applicant’s preferred alternative is the of the Endangered Species Act. Cooperative, Bonneville Power PHA owned property on the Bayport Administration, Citizens Utilities, Ship Channel (95°00′ longitude and 7. Availability of the DEIS Detroit Edison Company, Eastern Maine 29°36.7′ latitude). The Draft Environmental Impact Electric Cooperative, Joint Owners of Statement is projected to be available in the Highgate Project, Long Sault, Inc., 3. Scoping and Public Involvement March 2000. A Public Hearing will be Maine Electric Power Company, Maine Process conducted following the release of the Public Service Company, Minnesota A workshop and scoping meeting to DEIS. Power & Light, Inc., Minnkota Power Cooperative, New York Power gather information on the subjects to be Dated: July 2, 1999. studied in detail in the DEIS will be Authority, Niagara Mohawk Power Nicholas J. Buechler, conducted on August 17, 1999, at the Corporation, Northern States Power, and Pasadena Convention Center, 7902 Col, EN Commanding. Vermont Electric Transmission Fairmont Parkway, Pasadena, Texas. [FR Doc. 99–18391 Filed 7–19–99; 8:45 am] Company. BILLING CODE 3710±52±M The construction of each of the 4. Significant Issues international transmission facilities to Issues associated with the proposed be utilized by SCEM, as more fully facilities to be given significant analysis DEPARTMENT OF ENERGY described in the application, has in the DEIS are likely to include, but [Docket No. EA±214] previously been authorized by a may not be limited to, the potential Presidential permit issued pursuant to impacts of the proposed dredging, the Application To Export Electric Energy; Executive Order 10485, as amended. beneficial uses of dredged material, Southern Company Energy Marketing Procedural Matters placement of fill, construction and L.P. operation of the proposed facility and Any person desiring to become a surface transportation facilities, and of AGENCY: Office of Fossil Energy, DOE. party to this proceeding or to be heard induced developments on: wetland ACTION: Notice of application. by filing comments or protests to this resources; upland and aquatic biotic application should file a petition to communities; water quality; fish and SUMMARY: Southern Company Energy intervene, comment or protest at the wildlife values including threatened Marketing L.P. (SCEM) has applied for address provided above in accordance and endangered species; noise and light authority to transmit electric energy with §§ 385.211 or 385.214 of the levels in areas adjoining the proposed from the United States to Canada FERC’s Rules of Practice and Procedures facilities; air quality; land forms and pursuant to section 202(e) of the Federal (18 CFR 385.211, 385.214). Fifteen geologic resources; community Power Act. copies of each petition and protest cohesion; environmental justice; DATES: Comments, protests or requests should be filed with the DOE on or roadway traffic; socioeconomic to intervene must be submitted on or before the date listed above. environment; archaeological and before August 19, 1999. Comments on the SCEM application cultural resources; recreation and ADDRESS: Comments, protests or to export electric energy to Canada recreational resources; public requests to intervene should be should be clearly marked with Docket infrastructure and services; energy addressed as follows: Office of Coal & EA–214. Additional copies are to be supply and natural resources; hazardous Power Im/Ex (FE–27), Office of Fossil filed directly with JoAnn P. Russell,

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Esq., Glenn E. Camus, Esq., Southern contaminated groundwater until the increasing travel time, thereby Company Energy Marketing L.P., 900 final, more permanent corrective mitigating the discharge of tritium- Ashwood Parkway, Suite 490, Atlanta, measure is taken. In accordance with 10 contaminated water. In addition, a drip GA 30338 AND James C. Beh, Esq., CFR 1022, DOE will prepare a wetland irrigation system is being evaluated to Antoine P. Cobb, Esq., Troutman assessment and will perform this enhance the effectiveness of the interim Sanders LLP, Suite 500 East, 1300 I proposed action in a manner so as to measure. This feature would further Street, N.W., Washington, D.C. 20005– avoid or minimize potential harm to or minimize discharges to Fourmile 3314. within the affected wetland. Branch by pumping impounded water A final decision will be made on this DATES: Comments on the proposed behind the dam during peak flow application after the environmental action due on or before August 4, 1999. conditions to upstream locations. impacts have been evaluated pursuant ADDRESSES: For further information, The interim measure will also address to the National Environmental Policy including a site map and/or copy of the the remediation of volatile organic Act of 1969, and a determination is wetland assessment, or to submit compounds (VOCs) from ‘‘hotspot’’ made by the DOE that the proposed comments regarding this notice, contact regions associated with the southwest action will not adversely impact on the A. R. Grainger, National Environmental plume area. Airlift recirculation wells reliability of the U.S. electric power Policy Act (NEPA) Compliance Officer, will be installed in ‘‘hotspot’’ regions supply system. Savannah River Operations Office, where concentrations of VOCs have Copies of this application will be Building 742–A, Room 185, Aiken, routinely exceeded drinking water made available, upon request, for public South Carolina 29808. The fax/phone standards. Airlift recirculation wells inspection and copying at the address number is (800) 881–7292. The e-mail provide a means for removing VOCs provided above or by accessing the address is [email protected]. from contaminated groundwater, through a combination of in place air Fossil Energy Home Page at http:// FOR FURTHER INFORMATION ON GENERAL stripping and airlift pumping processes. www.fe.doe.gov. Upon reaching the FLOODPLAIN/WETLANDS ENVIRONMENTAL Fossil Energy Home page, select This interim measure is intended to REVIEW REQUIREMENTS, CONTACT: Ms. control the movement and discharge of ‘‘Regulatory Programs,’’ then Carol M. Borgstrom, Director, Office of ‘‘Electricity Regulation,’’ and then contaminated groundwater until the NEPA Policy and Assistance (EH–42), final, more permanent corrective ‘‘Pending Proceedings’’ from the options U.S. Department of Energy, 1000 menus. measure is taken. Independence Avenue, SW., Undertaking the proposed action will Issued in Washington, D.C., on July 13, Washington, DC 20585. Telephone (202) not affect DOE’s ability to fully evaluate 1999. 586–4600 or (800) 472–2756. reasonable alternatives for the final Anthony J. Como, SUPPLEMENTARY INFORMATION: A action. An Environmental Assessment Deputy Director, Electric Power Regulation, groundwater contaminant plume has (EA) will also evaluate several Office of Coal & Power Import/Export, Office been detected and is emanating from the alternatives to the proposed action. of Coal & Power Systems, Office of Fossil Old Radioactive Waste Burial Ground In accordance with DOE regulations Energy. (ORWBG) which is located at the for compliance with wetland [FR Doc. 99–18430 Filed 7–19–99; 8:45 am] southwest corner of the BGC at SRS. environmental review requirements (10 BILLING CODE 6450±01±P Tritium-contaminated water from this CFR 1022), DOE–SR will prepare a southwest plume is seeping to the wetland assessment for this proposed surface at areas along the Old F-Area DOE action. The assessment will be DEPARTMENT OF ENERGY Effluent Ditch (OFED). Currently, included in the EA (DOE/EA–1302) that Notice of Wetland Involvement for groundwater that emanates from this is being prepared for the proposed Interim Measures for the Mixed Waste seep combines with surface drainage action in accordance with the Management Facility (MWMF) from the immediate area to form a small requirements of NEPA. Groundwater at the Burial Ground stream in the southern portion of the Issued in Aiken, SC, on July 7, 1999. Complex (BGC), Savannah River Site, OFED. Eventually, this stream mixes Lowell E. Tripp, with F-Area discharge water which then Aiken, South Carolina Director, Engineering and Analysis Division, flows into Fourmile Branch, an onsite Savannah River Operations Office. AGENCY: Savannah River Operations stream. [FR Doc. 99–18432 Filed 7–19–99; 8:45 am] Office (SR), Department of Energy DOE–SR proposes to install a small (DOE). metal sheet pile wall dam BILLING CODE 6450±01±P ACTION: Notice of wetland involvement. [approximately 1.5 to 2.1 meters (5 to 7 feet) high and 100.6 meters (330 feet) DEPARTMENT OF ENERGY SUMMARY: DOE–SR proposes to install a long] which would be positioned to small metal sheet pile wall dam which impound about 0.49 hectares (1.2 acres) [DE±PS26±99FT40613] would be positioned to impound about of water around and over the BGC 0.49 hectares (1.2 acres) of water around southwest groundwater seepline. The Federal Energy Technology Center; and over the BGC southwest impounded 0.49 hectares (1.2 acres) has Notice of Intent To Issue a Program groundwater seepline. This action been determined to be jurisdictional Solicitation for Cooperative would be taken in cooperation with the wetlands. The proposed action is not Agreements South Carolina Department of Health within the 100-year or baseline AGENCY: Federal Energy Technology and Environmental Control (SCDHEC) floodplain. Center, DOE. to reduce the amount of tritium This action would be taken in ACTION: Notice. contaminated water seeping to the cooperation with SCDHEC to reduce the surface from the BGC southwest plume amount of tritium-contaminated water SUMMARY: Notice is hereby given of the and eventually discharging to Fourmile seeping to the surface and eventually intent to issue a Program Solicitation Branch, an onsite stream. This interim discharging to Fourmile Branch. The No. DE–PS26–99FT40613 entitled measure is intended to control the impoundment would retard surface ‘‘Research and Development of movement and discharge of water flow to Fourmile Branch by Technologies for the Management of

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Greenhouse Gases.’’ The Federal Energy • To achieve the long-term cost goal SUPPLEMENTARY INFORMATION: Title II of Technology Center invites any in the range of $10/ton of avoided net the Powerplant and Industrial Fuel Use university or other institution of higher costs for carbon sequestration. Act of 1978 (FUA), as amended (42 education, non-profit, not-for-profit or • To offset at least one-half the U.S.C. 8301 et seq.), provides that no for-profit organization, non Federal required reductions in global new baseload electric powerplant may agency, or other entity to submit greenhouse gases, measured as the be constructed or operated without the competitive applications for cooperative difference in a business-as-usual capability to use coal or another agreements for the conduct of research baseline and a strategy to stabilize alternate fuel a primary energy source. and development that addresses the atmospheric CO2 concentrations at 550 In order to meet the requirement of coal following six elements of the FETC ppm, beginning in the year 2025. capability, the owner or operator of such sequestration program. The latter goal represents the global facilities proposing to use natural gas or • Separation and Capture potential for these technology options if petroleum as its primary energy source • Sequestration of CO2 in Geological broadly applied by the United States shall certify, pursuant to FUA section Formations and other countries. 201(d), to the Secretary of Energy prior • Ocean Sequestration These research pathways stem to construction, or prior to operation as • Sequestration in Terrestrial directly from the Carbon Sequestration: a base load powerplant, that such Ecosystems State of the Science report, available powerplant has the capability to use • Advanced Concepts from the Office of Fossil Energy’s web coal or another alternate fuel. Such • Modeling and Assessments site at www.fe.doe.gov/sequestration. certification establishes compliance The program portfolio covers the entire with section 201(a) as of the date filed DATES: Applications may be submitted carbon sequestration ‘‘life cycle’’ of with the Department of Energy. The at any time after the issuance date of the capture, separation, transport, and Secretary is required to publish a notice solicitation up to and including 1 year storage or reuse. Also of interest is the in the Federal Register that a after the issue date. The issue date of the FETC Carbon Sequestration Program certification has been filed. The solicitation is expected to be August 1, Plan is available on the web site at following owner/operator of the 1999. Applications will be reviewed www.fetc.doe.gov/products/gcc. proposed new baseload powerplant has individually, or in groups which will be DOE anticipates multiple cooperative filed a self-certification in accordance assembled as often as practical agreement awards resulting from this with section 201(d). considering the number of applications solicitation and no fee or profit will be Owner: Kissimmee Utility Authority received and availability of competent paid to a recipient or subrecipient under and Florida Municipal Power Agency. reviewers. Applications must be the awards. Operator: Kissimmee Utility prepared and submitted in accordance Issued: July 9, 1999. Authority. with the instructions and forms in the Location: Near Intercession City in Program Solicitation. Prospective Randolph L. Kesling, Osceola County, FL. offerors should check the Internet Supervisory Contract Specialist, Acquisition Plant Configuration: Combined cycle. location frequently for any solicitation and Assistance Division. Capacity: 250 megawatts. amendments prior to submitting [FR Doc. 99–18431 Filed 7–19–99; 8:45 am] Fuel: Natural gas. applications. BILLING CODE 6450±01±P Purchasing Entities: Kissimmee ADDRESSES: The solicitation will be Utility Authority and the Florida available for viewing and downloading Municipal Power Agency systems. DEPARTMENT OF ENERGY In-Service Date: June 2001. from FETC’s Internet site at http:// www.fetc.doe.gov/business. Office of Fossil Energy Issued in Washington, D.C., July 14, 1999. Solicitations will not be distributed on Anthony J. Como, diskette or in paper form. Candidates [Docket No. FE C&E 99±15±Certification Deputy Director, Electric Power Regulations, may register through FETC’s Business NoticeÐ176] Office of Coal & Power Im/Ex, Office of Coal & Power Systems, Office of Fossil Energy. Alert Notification service on our Kissimmee Utility Authority; Notice of homepage. The category to register Filing of Coal Capability Powerplant [FR Doc. 99–18429 Filed 7–19–99; 8:45 am] under is Advanced Electric Power and Industrial Fuel Use Act BILLING CODE 6450±01±M Generation, Coal Conversion/Solid Fuels and Feedstocks, Oil and Gas, or AGENCY: Office of Fossil Energy, Environmental R&D for Fossil Fuels. In Department of Energy. DEPARTMENT OF ENERGY accordance with FAR 52.232–18, ACTION: Notice of filing. ‘‘Availability of Funds,’’ funds are not Federal Energy Regulatory presently available for this procurement. SUMMARY: On June 22, 1999, Kissimmee Commission The Government’s obligation under this Utility Authority submitted a coal [Docket No. IC99±520±001, FERC±520] award is contingent upon the capability self-certification pursuant to availability of appropriated funds from section 201 of the Powerplant and Information Collection Submitted for which payment for award purposes can Industrial Fuel Use Act of 1978, as Review and Request for Comments be made. amended. July 14, 1999. ADDRESSES: SUPPLEMENTARY INFORMATION: The Copies of self-certification AGENCY: Federal Energy Regulatory overall goals for the FETC Carbon filings are available for public Commission, Department of Energy. inspection, upon request, in the Office Sequestration Program are: ACTION: Notice of submission for review • of Coal & Power Im/Ex, Fossil Energy, To provide economically by the Office of Management and Room 4G-039, FE–27, Forrestal competitive and environmentally safe Budget (OMB) and request for Building, 1000 Independence Avenue, options to offset all projected growth in comments. baseline emissions of greenhouse gases S.W., Washington, D.C. 20583. by the U.S. after 2010, with offsets FOR FURTHER INFORMATION CONTACT: SUMMARY: The Federal Energy starting in 2015. Ellen Russell at (202) 586–9624. Regulatory Commission (Commission)

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices 38901 has submitted the energy information that the holding of certain defined file with the Commission and are collection listed in this notice to the interlocking corporate positions is available for public inspection. This Office of Management and Budget unlawful unless the FERC has filing may also be viewed on the (OMB) for review under the provisions authorized the interlocks to be held, and Internet at http://www.ferc.fed.us/ of Section 3507 of the Paperwork requires of the applicant a showing that online/rims.htm (call 202–208–2222 for Reduction Act of 1995 (Pub. L. No. 104– neither public nor private interests will assistance). 13). Any interested person may file be affected by the holding of such a David P. Boergers, comments on the collection of position. The Commission implements Secretary. information directly with OMB and these filing requirements in the Code of [FR Doc. 99–18445 Filed 7–19–99; 8:45 am] should address a copy of those Federal Regulations (CFR) under 18 CFR BILLING CODE 6717±01±M comments to the Commission as part 45. explained below. The Commission 5. Respondent Description: The received no comments in responses to respondent universe currently DEPARTMENT OF ENERGY an earlier Federal Register notice of comprises on average 28 entities subject May 29, 1999 (64 FR 14894) and has to the Commission’s jurisdiction. Federal Energy Regulatory made this notation in its submission to 6. Estimated Burden: 1,450 total Commission OMB. burden hours, 28 respondents, 1 DATES: Comments regarding this response annually, 51.8 hours per [Docket No. RP99±435±000] collection of information are best response. assured of having their full effect if 7. Estimated Cost Burden to Maritimes & Northeast Pipeline, L.L.C.; received within 30 days of this Respondents: 1,450 hours ÷ 2,080 hours Notice of Tariff Filing notification. per year × $109,889 per year = $76,605, July 14, 1999. ADDRESSES: Address comments to the average cost per respondent = $2,736. Office of Management and Budget, Statutory Authority: Section 305(b) of the Take notice that on July 9, 1999 Office of Information and Regulatory Federal Power Act, 16 U.S.C. 825(d). Maritimes & Northeast Pipleine, L.L.C. Affairs, Attention: Federal Energy David P. Boergers, (Maritimes) tendered for filing as part of Regulatory Commission, Desk Officer, Secretary. its FERC Gas Tariff, Original Volume No. 1, the following revised tariff sheets, 725 17th Street, NW, Washington, DC [FR Doc. 99–18444 Filed 7–19–99; 8:45 am] to become effective August 1, 1999: 20503. A copy of the comments should BILLING CODE 6717±01±M also be sent to the Federal Energy First Revised Sheet No. 230 Regulatory Commission, Office of the Second Revised Sheet No. 292 Chief Information Officer, Attention: DEPARTMENT OF ENERGY Maritimes states that the purpose of Michael Miller, 888 First Street NE, this filing is to comply with Order No. Washington, DC 20426. Federal Energy Regulatory Commission 587–k, Final Rule issued on April 2, FOR FURTHER INFORMATION CONTACT: 1999 in Docket No. RM96–1–011. The Michael Miller may be reached by [Docket No. ER99±1698±000] revised tariff sheets reflect certain telephone at (202) 208–1415, by fax at Version 1.3 standards promulgated by (202) 208–2425, and by e-mail at The Detroit Edison Company; Notice of the Gas Industry Standards Board which [email protected]. Filing. were adopted by the Commission and SUPPLEMENTARY INFORMATION: July 14, 1999. incorporated by reference in the Description Take notice that on June 30, 1999, The Commission’s Regulations. Maritimes states that copies of the The energy information collection Detroit Edison Company filed an filing were mailed to all affected submitted to OMB for review contains: amendment in response to the Federal 1. Collection of Information: FERC– Energy Regulatory Commission’s (FERC) customers of Maritimes and interested 520 ‘‘Application for Authority to Hold notification regarding the omission of state commissions. Interlocking Directorate Positions’’. the Specifications for Long-Term Firm Any person desiring to be heard or to 2. Sponsor: Federal Energy Regulatory Point-to-Point Transmission Service protest said filing should file a motion Commission. between the Detroit Edison Company to intervene or a protest with the 3. Control No.: OMB No. 1902–0083. and the Detroit Edison Company Federal Energy Regulatory Commission, The Commission is now requesting Merchant Operations. 888 First Street, NE, Washington, DC that OMB approve a three-year Any person desiring to be heard or to 20426, in accordance with Sections extension of the current expiration date, protest such filing should file a motion 385.214 or 385.211 of the Commission’s with no changes to the existing to intervene or protest with the Federal Rules and Regulations. All such motions collection of data. There is an increase Energy Regulatory Commission, 888 or protests must be filed in accordance in the reporting burden due to an First Street, NE, Washington, DC 20426, with Section 154.210 of the increase in the number of entities that in accordance with rules 211 and 214 of Commission’s Regulations. Protests will submit this collection of information. the Commission’s rules of practice and be considered by the Commission in This is a mandatory information procedure (18 CFR 385.211 and determining the appropriate action to be collection requirement. 385.214). All such motions and protests taken, but will not serve to make 4. Necessity of Collection of should be filed on or before July 23, protestants parties to the proceedings. Information: Submission of this 1999. Protests will be considered by the Any person wishing to become a party information is necessary to enable the Commission to determine the must file a motion to intervene. Copies Commission to carry out its appropriate action to be taken, but will of this filing are on file with the responsibilities in implementing the not serve to make protestants parties to Commission and are available for public statutory provisions of Section 305(b) of the proceedings. Any person wishing to inspection in the Public Reference the Federal Power Act (FPA), 16 U.S.C. become a party must file a motion to Room. This filing may be viewed on the Section 305(b). This section specifies intervene. Copies of this filing are on web at http://www.ferc.fed.us/online/

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38902 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices rims.htm (call 202–208–2222 for DEPARTMENT OF ENERGY 3. PanEnergy Lake Charles Generation, assistance). Inc. David P. Boegers, Federal Energy Regulatory Commission [Docket No. ER96–1335–013] Secretary. Take notice that on July 8, 1999, in [FR Doc. 99–18447 Filed 7–19–99; 8:45 am] [Docket No. EL95±71±004, et al.] compliance with the Commission’s May BILLING CODE 6717±01±M 17, 1996 Letter Order approving its Public Service Company of New market-based rate schedule, PanEnergy Hampshire v. New Hampshire Electric Lake Charles Generation, Inc. (Lake DEPARTMENT OF ENERGY Cooperative, Inc., et al., Electric Rate Charles) tendered for filing a and Corporate Regulation Filings Federal Energy Regulatory Notification of Change in Status relating to the ownership of Lakes Charles’ Commission July 13, 1999. stock. Take notice that the following filings [Docket No. RP99±333±001] have been made with the Commission: Comment date: July 28, 1999, in accordance with Standard Paragraph E Questar Pipeline Company; Tariff 1. Public Service Company of New at the end of this notice. Filing Hampshire v. New Hampshire Electric Cooperative, Inc. 4. Quark Power L.L.C. United American Energy Corp. July 14, 1999. [Docket No. EL95–71–004] Take notice that on July 9, 1999, Take notice that on July 8, 1999, [Docket Nos. ER97–2374–009 and ER96– 3092–012] Questar Pipeline Company (Questar) Public Service Company of New tendered for filing as part of its FERC Hampshire tendered for filing a Take notice that on July 9, 1999, the Gas Tariff, First Revised Volume No. 1, compliance filing in the above above-mentioned power marketers filed Substitute Seventh Revised Sheet No. captioned matter. On June 16, 1999, the quarterly reports with the Commission 46, to be effective July 9, 1999. Commission ordered Public Service in the above-mentioned proceedings for Company of New Hampshire (PSNH) to information only. These filings are On June 9, 1999, Questar filed tariff recalculate its billing for service to the available for public inspection and sheets to be effective July 9, 1999. The New Hampshire Electric Cooperative, copying in the Public Reference Room Commission issued a letter order in this Inc. (NHEC) since June 6, 1998, to or on the web at www.ferc.fed.us/ proceeding on June 30, 1999, indicating refund with interest certain charges it online/rims.htm for viewing and that the red-lined version of Seventh had made based upon those recalculated downloading (call 202–208–2222 for Revised Sheet NO. 46 was not bills, and to file a refund report with the assistance). consistent with the proposed tariff Commission. 87 FERC ¶61,294. PSNH sheet. This filing corrected this provided a refund with interest relating 5. New England Power Pool inconsistency as well as an incorrect to 0.45 megawatt of capacity from Bio [Docket No. ER98–3853–004] section reference. Energy, a Qualifying Facility, claimed Take notice that on July 7, 1999, the Questar states that a copy of this filing during the winter period under section 15.6 of the NEPOOL Agreement. New England Power Pool (NEPOOL) has been served upon its customers, the Participants Committee submitted Copies of this filing were served upon Public Service Commission of Utah and unmarked versions of those portions of the New Hampshire Electric the Public Service Commission of the Restated NEPOOL Open Access Cooperative, Inc., counsel for Bio Wyoming. Transmission Tariff that were changed Energy Corporation, and the Executive by the Thirty-Ninth Agreement Any person desiring to protest this Director and Secretary of the New Amending New England Power Pool filing should file a protest with the Hampshire Public Utilities Commission. Agreement in accordance with the Federal Energy Regulatory Commission, Comment date: August 9, 1999, in Commission’s order in New England 888 First Street, N.E., Washington, D.C. accordance with Standard Paragraph E Power Pool, 87 FERC ¶ 61,347 (1999). 20426, in accordance with Section at the end of this notice. 385.211 of the Commission’s Rules and Comment date: July 27, 1999, in Regulations. All such protests must be 2. Central Maine Power Company accordance with Standard Paragraph E filed as provided in Section 154.210 of [Docket No. EL99–76–000] at the end of this notice. the Commission’s Regulations. Protests Take notice that on July 7, 1999, 6. Grayling Generating Station L.P., will be considered by the Commission Central Maine Power Company (CMP) Direct Electric Inc., Central Hudson Gas in determining the appropriate action to tendered for filing, pursuant to Section & Electric Corporation be taken, but will not serve to make 385.207 of the Commission’s Rules of protestants parties to the proceedings. Practice and Procedure (18 CFR [Docket Nos. ER 99–791–001, ER94–1161– Copies of this filing are on file with the 385.207), and the Commission’s Order 019, and ER97–2872–003] Commission and are available for public No. 889 regarding a request for waiver Take notice that on July 8, 1999, the inspection in the Public Reference of separation of functions requirement above-mentioned power marketers filed Room. This filing may be viewed on the (18 CFR 37.4). quarterly reports with the Commission web at http://www.ferc.fed.us/online/ CMP requests that the waiver become in the above-mentioned proceedings for rims.htm (call 202–208–2222 for effective in 60 days. information only. These filings are assistance). CMP has served a copy of this filing available for public inspection and David P. Boergers, upon the Maine Public Utilities copying in the Public Reference Room Secretary. Commission. or on the web at www.ferc.fed.us/ Comment date: August 6, 1999, in online/rims.htm for viewing and [FR Doc. 99–18446 Filed 7–19–99; 8:45 am] accordance with Standard Paragraph E downloading (call 202–208–2222 for BILLING CODE 6717±01±M at the end of this notice. assistance).

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7. Duquesne Light Company 11. Ameren Services Company Abnormalities and an unexecuted letter [Docket No. ER99–1132–002] [Docket No. ER99–3505–000] agreement between the New York ISO and the Member Systems providing for Take notice that on July 7, 1999, Take notice that on July 7, 1999, a Cutover Plan. Ameren Services Company (ASC) Duquesne Light Company tendered for The New York ISO and Member tendered for filing Service Agreements filing its compliance filing to amend Systems request an effective date of for Non-Firm Point-to-Point Duquesne’s Open Access Transmission September 1, 1999 and waiver of the Transmission Services between ASC Tariff in compliance with the Commission’s notice requirements and and Allegheny Energy, British Columbia Commission’s Order of June 22, 1999 in of any applicable filing requirements Power Exchange Corporation, Duke Docket No. ER99–1132–001. not otherwise satisfied. Power, a division of Duke Energy A copy of this filing was served upon Comment date: July 27, 1999, in Corporation, Kansas Electric Power accordance with Standard Paragraph E Cooperative, Inc., Merrill Lynch Capital all persons on the Commission’s official at the end of this notice. Services, Inc., and Southern Indiana Gas service lists in Docket Nos. ER97–1523– 000, OA97–470–000 and ER97–4234– 8. SOWEGA Power LLC and Electric Company (the parties). ASC asserts that the purpose of the 000 (not consolidated), and the [Docket No. ER99–3427–000] Agreements is to permit ASC to provide respective electric utility regulatory agencies in New York, New Jersey and Take notice that on July 8, 1999, in transmission service to the parties pursuant to Ameren’s Open Access Pennsylvania. the above-referenced docket, SOWEGA Comment date: July 27, 1999, in Power LLC (SOWEGA) amended its Transmission Tariff filed in Docket No. ER96–677–004. accordance with Standard Paragraph E filing for authority to make sales at at the end of this notice. market-based rates. The original filing Comment date: July 27, 1999, in inadvertently omitted a copy of the accordance with Standard Paragraph E 14. Florida Power Corporation at the end of this notice. proposed SOWEGA FERC Rate schedule [Docket No. ER99–3509–000] No. 1, the market-based tariff for which 12. Ameren Services Company Take notice that on July 7, 1999, approval is being sought, and which [Docket No. ER99–3506–000] Florida Power Corporation (FPC) would provide the tariff authority for Take notice that on July 7, 1999, tendered for filing an unexecuted the two service agreements that were service agreement between El Paso filed on June 30, 1999. SOWEGA hereby Ameren Services Company (ASC) tendered for filing Service Agreements Power Services Company and FPC for amends its filing to include a copy of service under FPC’s Cost-Based the tariff. for Firm Point-to-Point Transmission Services between ASC and Allegheny Wholesale Power Sales Tariff (CR–1), Comment date: July 28, 1999, in Energy, British Columbia Power FERC Electric Tariff, Original Volume accordance with Standard Paragraph E Exchange Corporation, Duke Power, a Number 9. This Tariff was accepted for at the end of this notice. division of Duke Energy Corporation, filing by the Commission on April 20, 1998, effective as of October 29, 1997, 9. Tampa Electric Company Kansas Electric Power Cooperative, Inc., Merrill Lynch Capital Services, Inc., and in Docket No. ER98-374–000. [Docket No. ER99–3503–000] Southern Indiana Gas and Electric The service agreement is proposed to Take notice that on July 7, 1999, Company (the parties). ASC asserts that be effective June 8, 1999. Comment date: July 27, 1999, in Tampa Electric Company (Tampa the purpose of the Agreements is to accordance with Standard Paragraph E Electric) tendered for filing an umbrella permit ASC to provide transmission at the end of this notice. service agreement with Koch Energy service to the parties pursuant to Trading, Inc. (Koch) under Tampa Ameren’s Open Access Transmission 15. Public Service Company of Electric’s Market-Based Sales Tariff. Tariff filed in Docket No. ER96–677– Colorado Tampa Electric proposes that the service 004. [Docket No. ER99–3510–000] agreement be made effective on June 7, Comment date: July 27, 1999, in 1999. accordance with Standard Paragraph E Take notice that on July 7, 1999, at the end of this notice. Public Service Company of Colorado Copies of the filing have been served filed a Service Agreement with Basin on Koch and the Florida Public Service 13. New York Independent System Electric Power Cooperative for Commission. Operator, Inc., Central Hudson Gas & Coordination Power and Energy sales Comment date: July 27, 1999, in Electric Corporation, Consolidated under PS Colorado’s Electric accordance with Standard Paragraph E Edison Company of New York, Inc., Coordination Service Tariff. at the end of this notice. Long Island Lighting Company, New Comment date: July 27, 1999, in York State Electric & Gas Corporation, accordance with Standard Paragraph E 10. Cleco Corporation Niagara Mohawk Power Corporation, at the end of this notice. [Docket No. ER99–3504–000] Orange & Rockland Utilities, Inc., Rochester Gas & Electric Corp., Power 16. Western Resources, Inc. Take notice that on July 7, 1999, Cleco Authority of the State of New York, [Docket No. ER99–3511–000] Corporation, (Cleco) tendered for filing New York Power Pool a service agreement under which Cleco Take notice that on July 8, 1999, [Docket No. ER99–3508–000] will make market based power sales Western Resources, Inc., tendered for under its MR–1 tariff with the City of Take notice that on July 7, 1999, the filing an agreement between Western Ruston, Louisiana. New York Independent System Resources and Northern Indiana Public Operator, Inc. (New York ISO) and the Service Company. Western Resources Cleco states that a copy of the filing Member Systems of the New York states that the purpose of the agreement has been served on the City of Ruston. Power Pool (Member Systems) tendered is to permit the customer to take service Comment date: July 27, 1999, in for filing Temporary Extraordinary under Western Resources’ market-based accordance with Standard Paragraph E Procedures for Correcting Market Design power sales tariff on file with the at the end of this notice. Flaws and Addressing Transitional Commission.

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The agreement is proposed to become pursuant to its Open Access compliance with Commission Order effective June 9, 1999. Transmission Tariff to PP&L Energy dated May 28, 1997. CHG&E also has Copies of the filing were served upon Marketing Center (PP&L). requested waiver of the 60-day notice Northern Indiana Public Service Con Edison states that a copy of this provision pursuant to 18 C.F.R. Section Company and the Kansas Corporation filing has been served by mail upon 35.11. Commission. PP&L. CHG&E requests an effective date of Comment date: July 28, 1999, in Comment date: July 27, 1999, in May 20, 1999 for the Service accordance with Standard Paragraph E accordance with Standard Paragraph E Agreement. at the end of this notice. at the end of this notice. A copy of this filing has been served 17. Avista Corporation 20. Consolidated Edison Company of on the Public Service Commission of the New York, Inc. [Docket No. ER99–3512–000] State of New York. Take notice that on July 7, 1999, [Docket No. ER99–3515–000] Comment date: July 27, 1999, in Avista Corporation, tendered for filing Take notice that on July 7, 1999, accordance with Standard Paragraph E with the Federal Energy Regulatory Consolidated Edison Company of New at the end of this notice. Commission, pursuant to 18 CFR 35.13, York, Inc. (Con Edison) tendered for 23. Carolina Power & Light Company an Executed Service Agreement under filing a service agreement to provide Avista Corporation’s FERC Electric firm point-to-point transmission service [Docket No. ER99–3518–000] Tariff First Revised Volume No. 10, pursuant to its Open Access Take notice that on July 8, 1999, replacing a previously filed Unexecuted Transmission Tariff to Southern Carolina Power & Light Company Service Agreement No. 4 under Docket Company Energy Marketing, L.P. (CP&L) tendered for filing a Service No ER99–2826–000 with PacifiCorp, (Southern). Agreement for Non-Firm Point-to-Point effective April 4, 1999. Con Edison states that a copy of this Transmission Service with West Penn Avista Corporation requests waiver of filing has been served by mail upon Power Company d/b/a Allegheny the prior notice requirements and Southern. Energy. Service to this Eligible requests an effective date of April 4, Comment date: July 27, 1999, in Customer will be in accordance with the 1999. accordance with Standard Paragraph E terms and conditions of Carolina Power Avista Corporation has served a copy at the end of this notice. & Light Company’s Open Access of this filing to PacifiCorp. Transmission Tariff. 21. Avista Corporation Comment date: July 27, 1999, in CP&L is requesting an effective date of accordance with Standard Paragraph E [Docket No. ER99–3516–000] June 30, 1999 for each Agreement. at the end of this notice. Take notice that on July 8, 1999, Avista Corporation, tendered for filing Copies of the filing were served upon 18. Ohio Valley Electric Corporation, the North Carolina Utilities Commission Indiana-Kentucky Electric Corporation with the Federal Energy Regulatory Commission pursuant to 18 CFR Section and the South Carolina Public Service [Docket No. ER99–3513–000] 35.13, an Executed Service Agreement Commission. Take notice that on July 7, 1999, 1999, with Sovereign Power, Inc. under Avista Comment date: July 28, 1999, in Ohio Valley Electric Corporation Corporation’s FERC Electric Tariff First accordance with Standard Paragraph E (including its wholly-owned subsidiary, Revised Volume No. 10. at the end of this notice. Indiana-Kentucky Electric Corporation) Avista Corporation requests waiver of 24. Ohio Edison Company and (OVEC) tendered for filing a Service the prior notice requirements and Pennsylvania Power Company Agreement for Non-Firm Point-To-Point requests an effective date of July 1, Transmission Service, dated February 1, 1999. [Docket No. ER99–3519–000] 1999 between Avista Energy, Inc. Comment date: July 28, 1999, in Take notice that on July 8, 1999, Ohio (Avista) and OVEC. accordance with Standard Paragraph E Edison Company tendered for filing on OVEC proposes an effective date of at the end of this notice. behalf of itself and Pennsylvania Power June 16, 1999 and requests waiver of the Company, a Service Agreement with 22. Central Hudson Gas & Electric Commission’s notice requirement to ACN Energy, Inc. under Ohio Edison’s Corporation allow the requested effective date. Power Sales Tariff. This filing is made In its filing, OVEC states that the rates [Docket No. ER99–3517–000] pursuant to Section 205 of the Federal and charges included in the Service Take notice that on July 7, 1999, Power Act. Agreement are the rates and charges set Central Hudson Gas & Electric Ohio Edison requests that the service forth in OVEC’s Open Access Corporation (CHG&E) tendered for agreement become effective on July 1, Transmission Tariff. filing, pursuant to Section 35.12 of the 1999. A copy of this filing was served upon Federal Energy Regulatory Comment date: July 28, 1999, in Avista. Commission’s (Commission) accordance with Standard Paragraph E Comment date: July 27, 1999, in Regulations in 18 CFR, a Service at the end of this notice. accordance with Standard Paragraph E Agreement for Firm Point-to-Point 25. Florida Power Corporation at the end of this notice. Transmission Service between CHG&E [Docket No. ER99–3520–000] 19. Consolidated Edison Company of and The New York Power Authority. New York, Inc. The terms and conditions of service Take notice that on July 8, 1999, under this Agreement are made Florida Power Corporation (Florida [Docket No. ER99–3514–000] pursuant to CHG&E’s FERC Open Power) tendered for filing a service Take notice that on July 7, 1999, Access Schedule, Original Volume 1 agreement providing for non-firm point- Consolidated Edison Company of New (Transmission Tariff) filed in to-point transmission service and a York, Inc. (Con Edison) tendered for compliance with the Commission’s service agreement providing for short filing a service agreement to provide Order 888 in Docket No. RM95–8–000 term firm point-to-point transmission firm point-to-point transmission service and RM94–7–001 and amended in service by Florida Power to Enron

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Power Marketing, Inc. (Enron) pursuant (1) Supplement to Rate Schedule No. of these filings are on file with the to its open access transmission tariff. 77—Standstill Agreement with Commission and are available for public Florida Power requests that the Boylston Municipal Light Department inspection. This filing may also be Commission waive its notice of filing (2) Supplement to Rate Schedule No. viewed on the Internet at http:// requirements and allow the agreements 79—Standstill Agreement with www.ferc.fed.us/online/rims.htm (call to become effective on July 9, 1999. Holyoke Gas and Electric Department 202–208–2222 for assistance). Comment date: July 28, 1999, in (3) Supplement to Rate Schedule No. David P. Boergers, accordance with Standard Paragraph E 81—Standstill Agreement with Secretary. at the end of this notice. Westfield Gas and Electric Light [FR Doc. 99–18395 Filed 7–19–99; 8:45 am] Department BILLING CODE 6717±01±P 26. Florida Power and Light Company (4) Supplement to Rate Schedule No. FPL Energy Power Marketing, Inc. 83—Standstill Agreement with Hudson Light and Power Department [Docket No. ER99–3521–000] (5) Supplement to Rate Schedule No. ENVIRONMENTAL PROTECTION Take notice that on July 8, 1999, 85—Standstill Agreement with AGENCY Florida Power and Light Company (FPL) Littleton Electric Light and Water [FRL±6400±5] and FPL Energy Power Marketing, Inc. Department (FPL Power Marketing) filed a request (6) Supplement to Rate Schedule No. Agency Information Collection that Supplement No. 79 to Western 87—Standstill Agreement with Activities: Submission for OMB Systems Power Pool (WSPP) Rate Marblehead Municipal Light Review; Comment Request, NESHAP Schedule, FERC No. 1, be amended to Department National Emission Standard for reflect the transfer of FPL’s membership (7) Supplement to Rate Schedule No. Inorganic Arsenic Emissions From in the WSPP to its affiliate, FPL Power 89—Standstill Agreement with North Glass Manufacturing Plants Attleborough Electric Department Marketing. AGENCY: (8) Supplement to Rate Schedule No. Environmental Protection FPL and FPL Power Marketing state Agency (EPA). that copies of this filing were served on 91—Standstill Agreement with ACTION: Notice. other WSPP members and the general Peabody counsel of the WSPP. Municipal Light Plant SUMMARY: In compliance with the Comment date: July 28, 1999, in (9) Supplement to Rate Schedule No. Paperwork Reduction Act (44 U.S.C. accordance with Standard Paragraph E 93—Standstill Agreement with 3501 et seq.), this document announces at the end of this notice. Shrewsbury’s that the following Information Electric Light Plant Collection Request (ICR) has been 27. Boston Edison Company (10) Supplement to Rate Schedule No. forwarded to the Office of Management 95—Standstill Agreement with [Docket No. ER99–3522–000] and Budget (OMB) for review and Templeton approval: ICR for NESHAP Subpart N, Take notice that on July 8, 1999, Municipal Light Plant Boston Edison Company (Boston (11) Supplement to Rate Schedule No. National Emission Standard for Edison) tendered for filing a Standstill 97—Standstill Agreement with Inorganic Arsenic Emissions from Glass Agreement between itself and The Wakefield Manufacturing Plants, OMB Control Boylston Municipal Light Department, Municipal Light Department Number 2060–0043, expiration date July City of Holyoke Gas & Electric (12) Supplement to Rate Schedule No. 31, 1999. The ICR describes the nature Department, Hudson Light and Power 99—Standstill Agreement with West of the information collection and its Department, Littleton Electric Light & Boylston Municipal Lighting Plant expected burden and cost; where Water Departments, Marblehead (13) Supplement to Rate Schedule No. appropriate, it includes the actual data Municipal Light Department, 102—Standstill Agreement with collection instrument. Middleborough Gas and Electric Middle- borough Gas and Electric DATES: Comments must be submitted on Department, North Attleborough Department or before August 19, 1999. Electric Department, Peabody Municipal Comment date: July 28, 1999, in FOR FURTHER INFORMATION CONTACT: Light Plant, Shrewsbury’s Electric Light accordance with Standard Paragraph E Sandy Farmer at EPA by phone at (202) Plant, Templeton Municipal Light Plant, at the end of this notice. 260–2740, by E-Mail at Wakefield Municipal Light Department, [email protected] or West Boylston Municipal Lighting Standard Paragraphs download a copy of the ICR off the Plant, and Westfield Gas & Electric Light E. Any person desiring to be heard or Internet at http://www.epa.gov/icr and Department (Municipals). The Standstill to protest such filing should file a refer to EPA ICR No. 1081.06. Agreement extends the time in which motion to intervene or protest with the SUPPLEMENTARY INFORMATION: Title: ICR the Municipals may institute a legal Federal Energy Regulatory Commission, for NESHAP Subpart N, National challenge to the 1997 true-up bill under 888 First Street, N.E., Washington, D.C. Emission Standard for Inorganic Arsenic their respective contracts to purchase 20426, in accordance with Rules 211 Emissions from Glass Manufacturing power from Boston Edison’s Pilgrim and 214 of the Commission’s Rules of Plants, OMB Control Number 2060– Nuclear Station, to permit finalization of Practice and Procedure (18 CFR 385.211 0043, EPA ICR Number 1081.06, a settlement in Docket Nos. EC99–18, et and 385.214). All such motions or expiration date July 31, 1999. This is a al. protests should be filed on or before the request for extension of a currently Boston Edison requests waiver of the comment date. Protests will be approved collection. Commission’s notice requirement to considered by the Commission in Abstract: These standards apply to allow the Standstill Agreement to determining the appropriate action to be each glass melting furnace that uses become effective July 12, 1999. taken, but will not serve to make commercial arsenic as a raw material. The Standstill Agreement relates to protestants parties to the proceeding. This subpart does not apply to pot the following Boston Edison FERC Rate Any person wishing to become a party furnaces. Also, rebricking is not Schedules: must file a motion to intervene. Copies considered construction or modification

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38906 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices for the purposes of 40 CFR 61.05. This soliciting comments on this collection ENVIRONMENTAL PROTECTION information is being collected to assure of information was published on 01/05/ AGENCY compliance with 40 CFR part 61, 99 (64 FR 499); no comments were [FRLÐ6400±6] subpart N. The EPA is charged under received. section 112 of the Clean Air Act, as Burden Statement: The annual public Sun Laboratories Superfund Site/ amended, to establish standards of reporting and recordkeeping burden for Atlanta, Georgia; Notice of Proposed performance for each category or this collection of information is Settlement subcategory of major sources and area estimated to average 157 hours per sources of hazardous air pollutants. response. Burden means the total time, AGENCY: Environmental Protection These standards are applicable to new effort, or financial resources expended Agency. or existing sources of hazardous air by persons to generate, maintain, retain, ACTION: Notice of proposed settlement. pollutants and shall require the or disclose or provide information to or SUMMARY: Under section 122(h)(1) of the maximum degree of emission reduction. for a Federal agency. This includes the Comprehensive Environmental Owners or operators of the affected time needed to review instructions; Response, Compensation and Liability facilities described are subject to the develop, acquire, install, and utilize Act (CERCLA), the Environmental recordkeeping and reporting technology and systems for the purposes Protection Agency (EPA) has proposed requirements in the NESHAP general of collecting, validating, and verifying to settle claims for response costs at the provisions and the requirements of 40 information, processing and maintain Sun Laboratories Site (Site) located in CFR part 61, subpart N. The regulation information, and disclosing and Atlanta, Georgia, with Nasaro requires initial notifications including providing information; adjust the Incorporated. EPA will consider public construction, modifications, CMS existing ways to comply with any comments on the proposed settlement demonstration, and performance testing. previously applicable instructions and for thirty days. EPA may withdraw from Owners or operators are also required to requirements; train personnel to be able maintain records of the occurrence and or modify the proposed settlement to respond to a collection of duration of any startup, shutdown, or should such comments disclose facts or information; search data sources; malfunction in the operation of an considerations which indicate the complete and review the collection of affected facility, or any period during proposed settlement is inappropriate, information; and transmit or otherwise which the monitoring system is improper, or inadequate. Copies of the disclose the information. inoperative. Monitoring requirements proposed settlement are available from: specific to NESHAP subpart N, National Respondnets/Affected Entities: Ms. Paula V. Batchelor, U.S. Emission Standard for Inorganic Arsenic Owners and Operators of Glass Environmental Protection Agency, Emissions from Glass Manufacturing Manufacturing Plants. Region IV, Program Services Branch, Plants provide information on the Estimated Number of Respondents: Waste Management Division, 61 Forsyth operation of the missions control device 47. Street, S.W., Atlanta, Georgia 30303, and compliance with the emission limit. Frequency of Response: Initial and (404) 562–8887. Records and reports of approved control semiannual. Written comment may be submitted to device bypass are required. Arsenic Estimate Total Annual Hour Burden: Mr. Greg Armstrong at the above emission estimates and semiannual 6,769 hours. address within 30 days of the date of reports of uncontrolled Arsenic publication. Estimated Total Annualized Capital, emission rates are required. These Dated: July 6, 1999. notifications, reports, and records are O&M Cost Burden: $164,500. Franklin E. Hill, essential in determining compliance. Send comments on the Agency’s need All requirements are mandatory under for this information, the accuracy of the Chief, Program Services Branch. 40 CFR part 61, subpart N. Any owner provided burden estimates, and any [FR Doc. 99–18471 Filed 7–19–99; 8:45 am] or operator subject to the provisions of suggested methods for minimizing BILLING CODE 6560±50±M this part shall maintain a file of these respondent burden, including through measurements, and retain the file for at the use of automated collection least 2 years following the date of such techniques to the following addresses. ENVIRONMENTAL PROTECTION measurements, reports, and records. Please refer to EPA ICR No. 1081.06 and AGENCY Approximately 47 sources are OMB Control No. 2060–0043 in any [FRL±6400±7] currently subject to the standard. There correspondence. continues to be on growth in this Proposed Cost Recovery Settlement industry, and it is estimated that no new Ms. Sandy Farmer, U.S. Environmental Under Section 122(h)(1) of the sources will become subject to the Protection Agency, Office of Policy, Comprehensive Environmental standard in the next three years. All Regulatory Information Division Response, Compensation and Liability reports are sent to the delegated State or (2137), 401 M Street, SW, Act of 1980 (CERCLA), as Amended, 42 Local authority. In the event that there Washington, DC 20460; U.S.C. 9622(h)(1), Williams Gas is no such delegated authority, the and Pipelines Central, Inc. Compressor reports are sent directly to the EPA Office of Information and Regulatory Station Sites Regional Office. Affairs, Office of Management and AGENCY: Environmental Protection An agency may not conduct or Budget, Attention: Desk Officer for Agency (EPA). sponsor, and a person is not required to EPA, 725 17th Street, NW, respond to, a collection of information Washington, DC 20503. ACTION: Notice of proposed cost unless it displays a currently valid OMB recovery settlement under section control number. The OMB control Dated: July 14, 1999. 122(h)(1) of the Comprehensive numbers for EPA’s regulations are listed Joseph Retzer, Environmental Response, Compensation in 40 CFR part 9 and 48 CFR Chapter Director, Regulatory Information Division. and Liability Act of 1980 (CERCLA), as 15. The Federal Register document [FR Doc. 99–18479 Filed 7–19–99; 8:45 am] amended, 42 U.S.C. 9622(h)(1), required under 5 CFR 1320.8(d), BILLING CODE 6560±50±M Williams Gas Pipelines Central, Inc.

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Compressor Station Sites, Americus, refer to the matter name and the docket FEDERAL COMMUNICATIONS Corwin, Grabham, Matfield Green, numbers set forth above and enclose a COMMISSION Stafford, Tonganoxie and Welda, Kansas check in the amount of $3.50 (25 cents and Peculiar and Pierce City, Missouri. per page for reproduction costs), Notice of Public Information payable to the United States Collection(s) Being Reviewed by the SUMMARY: The United States Environmental Protection Agency. Federal Communications Commission Environmental Protection Agency (EPA) for Extension Under Delegated is proposing to enter into a cost recovery SUPPLEMENTARY INFORMATION: The Authority, Comments Requested administrative settlement to resolve proposed administrative settlement claims under the Comprehensive concerns the nine compressor station July 14 1999. Environmental Response, Compensation sites listed above. Williams Gas SUMMARY: The Federal Communications and Liability Act of 1980 (CERCLA), as Pipelines Central, Inc., formerly Commission, as part of its continuing amended, 42 U.S.C. 9622(h)(1). This Williams Natural Gas Company, effort to reduce paperwork burden settlement is intended to resolve the conducted removal actions at each of invites the general public and other liability of Williams Gas Pipelines these sites pursuant to CERCLA section Federal agencies to take this Central, Inc. (WGPC) for response costs 160 administrative consent orders opportunity to comment on the incurred by the EPA in connection with following information collection(s), as removal actions conducted by WGPC at issued by EPA Region VII. Each of these consent orders required WGPC to required by the Paperwork Reduction nine compressor stations located in Act of 1995, Public Law 104–13. An reimburse EPA’s oversight costs Kansas and Missouri. The compressor agency may not conduct or sponsor a beginning on the effective date of each stations addressed in the proposed collection of information unless it consent order, respectively. WGPC has settlement are (1) Americus Compressor displays a currently valid control Station, Americus, Lyon County, reimbursed EPA’s oversight costs as number. No person shall be subject to Kansas; (2) Corwin Compressor Station, provided in the orders. However, in any penalty for failing to comply with Corwin, Harper County, Kansas; (3) connection with each of the above a collection of information subject to the Grabham Compressor Station, Grabham, WGPC Compressor Stations, EPA Paperwork Reduction Act (PRA) that Montgomery County, Kansas; (4) incurred response costs prior to the does not display a valid control number. Matfield Green Compressor Station, effective data of the consent order Comments are requested concerning (a) Matfield Green, Chase County, Kansas; which have not been reimbursed by whether the proposed collection of (5) Peculiar Compressor Station, WGPC. EPA’s unreimbursed response information is necessary for the proper Peculiar, Cass County, Missouri; (6) costs for the each of these WGPC performance of the functions of the Pierce City Compressor Station, Compressor Station Sites is as follows: Commission, including whether the Lawrence County, Missouri; (7) Stafford (1) Americus Compressor Station, Site/ information shall have practical utility; Compressor Station, Stafford, Stafford Spill ID number 07GR, $39,537.27; (2) (b) the accuracy of the Commission’s County, Kansas; (8) Tonganoxie Corwin Compressor Station, Site/Spill burden estimate; (c) ways to enhance Compressor Station, Tonganoxie, ID number 07GZ, $4,006.24; (3) the quality, utility, and clarity of the Leavenworth County, Kansas; and (9) information collected; and (d) ways to Welda Compressor Station, Welda, Grabham Compressor Station, Site/Spill ID number 07GT, $9,126.45; (4) Matfield minimize the burden of the collection of Anderson County, Kansas. The information on the respondents, proposed settlement agreement was Green Compressor Station Site/Spill ID number 07GP, $14,383.28; (5) Peculiar including the use of automated signed by the Environmental Protection collection techniques or other forms of Agency (EPA) on May 20, 1999. Because Compressor Station Site/Spill ID information technology. EPA’s total response costs did not number 07TD, $1,670.60; (6) Pierce City exceed $500,000, the Attorney General’s Compressor Station Site/Spill ID DATES: Written comments should be concurrence is not required for this number 07NT, $2,375.44; (7) Stafford submitted on or before September 20, settlement. Compressor Station Site/Spill ID 1999. If you anticipate that you will be DATES: Written comments must be number 07GQ, $19,168.57; (8) submitting comments, but find it provided on or before August 19, 1999. Tonganoxie Compressor Station Site/ difficult to do so within the period of time allowed by this notice, you should ADDRESSES: Comments should be Spill ID number 07GS, $15,529.07; and addressed to Daniel J. Shiel, Office of (9) Welda Compressor Station Site/Spill advise the contact listed below as soon Regional Counsel, United States ID number 07NW, $1,039.15. The total as possible. Environmental Protection Agency, of these unreimbursed site costs is ADDRESSES: Direct all comments to Les Region VII, 726 Minnesota Avenue, $106,836.07. Smith, Federal Communications Commissions, Room 1 A–804, 445 Kansas City, Kansas 66101 and should In the proposed settlement agreement, Twelfth Street, S.W., Washington, DC refer to: In the matter of Williams Gas WGPC has agreed to reimburse EPA for Pipeline Central, Inc. Compressor 20554 or via the Internet to $106,836.07, which is the full amount of Station Sites, EPA Docket Nos. [email protected]. these costs. CERCLA–7–99–0018, CERCLA–7–99– FOR FURTHER INFORMATION CONTACT: For 0019, CERCLA–7–0020, CERCLA–7–99– Dated: June 9, 1999. additional information or copies of the 0021, CERCLA–7–99–0022, CERCLA–7– U. Gale Hutton, information collections contact Les 99–0023, CERCLA–7–99–0024, Acting Regional Administrator, Region 7. Smith at (202) 418–0217 or via the CERCLA–7–99–0025, and CERCLA–7– [FR Doc. 99–18480 Filed 7–19–99; 8:45 am] Internet at [email protected]. 99–0026. The proposed administrative BILLING CODE 6560±50±M SUPPLEMENTARY INFORMATION: settlement may be examined in person OMB Approval Number: 3060–0311. at the United States Environmental Title: Section 76.54 Significantly Protection Agency, Region VII, 726 viewed signals; method for special Minnesota Avenue, Kansas City, Kansas showing. 66101. To request a copy by mail please Form Number: None.

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Type of Review: Extension of a cablecast. The records and sponsorship views in writing to the Reserve Bank currently approved collection. announcements are used by the public indicated for that notice or to the offices Respondents: Business and other for- so that they may know by whom of the Board of Governors. Comments profit entities. origination cablecasts are sponsored. must be received not later than August Number of Respondents: 12. OMB Approval Number: 3060–0393. 3, 1999. Estimated Time Per Response: 15 Title: Section 73.54 Antenna A. Federal Reserve Bank of Atlanta hours. resistance and reactance measurements. (Lois Berthaume, Vice President) 104 Frequency of Response: On occasion Form Number: None. Marietta Street, N.W., Atlanta, Georgia third-party disclosure requirement. Type of Review: Extension of 30303-2713: Total Annual Burden: 180 hours. currently approved collection. 1. Alice Bernice Sale, Chattanooga, Total Annual Cost: $48. Respondents: Business or other for- Tennessee; Tracie Lynn Calfee, Needs and Uses: Section 76.54 profit. Chattanooga, Tennessee; and David requires that notice of an audience Number of Respondents: 200 AM Reynolds Housley, Muscatine, Iowa; all survey that is conducted by an Licensees. to acquire additional voting shares of organization for significantly viewed Estimated Time Per Response: 1.25 Rossville Bankshares, Inc., Rossville, signal purposes is to be served on all hours (0.25 hours consultation time; 1 Georgia, and thereby indirectly acquire licensees or permittees of television hour contract consulting engineer). additional voting shares of Rossville broadcast stations within whose Frequency of Response: Bank, Rossville, Georgia. predicted Grade B contour the cable Recordkeeping. B. Federal Reserve Bank of Dallas community or communities are located, Total Annual Burden: 50. (W. Arthur Tribble, Vice President) 2200 and all other system community units, Total Annual Cost: $30,000. North Pearl Street, Dallas, Texas 75201- franchisees and franchise applicants in Needs and Uses: Section 73.54(d) 2272: the cable community or communities, as requires that AM licensees file 1. Michael Weeks, and Linda Weeks, well as the franchise authority. This notification with the FCC when both of Premont, Texas; to acquire notification shall be made at least 30 determining power by the direct additional voting shares of Coastal Bend days prior to the initial survey period method. This notification requirement is Bancshares, Inc., Corpus Christi, Texas, and shall include the name of the accomplished through a formal and thereby indirectly acquire survey organization and a description of application process and has OMB additional voting shares of First the procedures to be used. The approval under FCC Form 302, (OMB Community Bank, NA, Alice, Texas. notifications are used by interested Control No. 3060–0029). In addition, Board of Governors of the Federal Reserve parties to give them an opportunity to Section 73.54(d) requires that System, July 14, 1999. file objections to the methodology of the background information regarding Robert deV. Frierson, survey. antenna resistance measurement data Associate Secretary of the Board. OMB Approval Number: 3060–0315. for AM stations must be kept on file at Title: Section 76.221 Sponsorship ID, [FR Doc. 99–18398 Filed 7–19–99; 8:45 am] the station. The background information BILLING CODE 6210±01±F list retention, related requirements. is used by FCC staff in field Form Number: None. investigations to ensure that Type of Review: Extension of a measurements are taken properly and by FEDERAL RESERVE SYSTEM currently approved collection. Respondents: Business and other for- station licensees to identify any problems that may occur. Formations of, Acquisitions by, and profit entities. Mergers of Bank Holding Companies Number of Respondents: 450. Federal Communications Commission. Estimated Time Per Response: 30 Magalie Roman Salas, The companies listed in this notice minutes. Secretary. have applied to the Board for approval, Frequency of Response: On occasion [FR Doc. 99–18427 Filed 7–19–99; 8:45 am] pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) notice and recordkeeping requirement. BILLING CODE 6712±01±P Total Annual Burden: 225 hours. (BHC Act), Regulation Y (12 CFR Part Total Annual Cost: $900. 225), and all other applicable statutes Needs and Uses: Section 76.221(a) and regulations to become a bank FEDERAL RESERVE SYSTEM and (c) state that when a cable operator holding company and/or to acquire the engaged in origination cablecasting Change in Bank Control Notices; assets or the ownership of, control of, or presents any matter for which valuable Acquisitions of Shares of Banks or the power to vote shares of a bank or consideration is paid, the operator must Bank Holding Companies bank holding company and all of the announce the sponsorship of such banks and nonbanking companies matter if the sponsor has not already The notificants listed below have owned by the bank holding company, done so. Section 76.221(f) states that applied under the Change in Bank including the companies listed below. sponsorship announcements are waived Control Act (12 U.S.C. 1817(j)) and § The applications listed below, as well with respect to the broadcast of ‘‘want 225.41 of the Board’s Regulation Y (12 as other related filings required by the ads’’ sponsored by an individual but the CFR 225.41) to acquire a bank or bank Board, are available for immediate licensee shall maintain a list to be made holding company. The factors that are inspection at the Federal Reserve Bank available for public inspection showing considered in acting on the notices are indicated. The application also will be the name, address and telephone set forth in paragraph 7 of the Act (12 available for inspection at the offices of number of each advertiser. Section U.S.C. 1817(j)(7)). the Board of Governors. Interested 76.221(d) states that when a cablecast is The notices are available for persons may express their views in of a political or controversial nature, the immediate inspection at the Federal writing on the standards enumerated in cable operator is required to retain a list Reserve Bank indicated. The notices the BHC Act (12 U.S.C. 1842(c)). If the of the executive officers, or board of also will be available for inspection at proposal also involves the acquisition of directors, or executive committee, etc. of the offices of the Board of Governors. a nonbanking company, the review also the organization sponsoring the Interested persons may express their includes whether the acquisition of the

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices 38909 nonbanking company complies with the A. Federal Reserve Bank of Chicago recommendations to the agency on standards in section 4 of the BHC Act (Philip Jackson, Applications Officer) FDA’s regulatory issues. (12 U.S.C. 1843). Unless otherwise 230 South LaSalle Street, Chicago, Date and Time: The meeting will be noted, nonbanking activities will be Illinois 60690-1413: held on July 29, 1999, 8 a.m. to 5 p.m. conducted throughout the United States. 1. Firstar Corporation, Milwaukee, Location: Corporate Bldg., conference Unless otherwise noted, comments Wisconsin (Firstar); to acquire all the room 020B, 9200 Corporate Blvd., regarding each of these applications nonbank subsidiaries of Mercantile Rockville, MD. must be received at the Reserve Bank Bancorporation, Inc., St. Louis, Missouri Contact Person: Mary J. Cornelius, indicated or the offices of the Board of (Mercantile), and to engage, directly or Center for Devices and Radiological Governors not later than August 13, indirectly through such nonbank Health (HFZ–470), Food and Drug 1999. subsidiaries, in a variety of nonbanking Administration, 9200 Corporate Blvd., A. Federal Reserve Bank of Boston activities that have previously been Rockville, MD 20850, 301–594–2194, (Richard Walker, Community Affairs determined to be permissible for bank ext. 118, or FDA Advisory Committee Officer) 600 Atlantic Avenue, Boston, holding companies. The nonbanking Information Hotline, 1–800–741–8138 Massachusetts 02106-2204: companies that Firstar proposes to (301–443–0572 in the Washington, DC 1. Westborough Bancorp, M.H.C., and acquire are listed in the notice filed area), code 12523. Please call the Westborough Financial Services, Inc., with the Board, and include FFG Trust, information Line for up-to-date both of Westborough, Massachusetts; to Inc., Springfield, Illinois, Mercantile information on this meeting. become bank holding companies by Trust Company National Association, Agenda: The committee will discuss, acquiring 100 percent of the voting St. Louis, Missouri, D.D. Development make recommendations, and vote on a shares of Westborough Savings Bank, of Sterling, Sterling, Illinois, Mercantile premarket approval application for a Westborough, Massachusetts. Consumer Loan Company, Rock Island, urethral bulking and coaptation device Illinois, and Mississippi Valley Life for the treatment of stress urinary Board of Governors of the Federal Reserve incontinence due to intrinsic sphincter System, July 14, 1999. Insurance Company, St. Louis, Missouri. insufficiency. The committee will also Robert deV. Frierson, The nonbanking activities of the companies to be acquired also are listed discuss possible revisions to the Associate Secretary of the Board. document entitled ‘‘Draft Guidance For in the notice and include engaging in [FR Doc. 99–18400 Filed 7–19–99; 8:45 am] Preparation of PMA Applications for trust company functions, pursuant to § BILLING CODE 6210±01±F Testicular Prostheses,’’ issued March 16, 225.28(b)(5) of Regulation Y; 1993. Single copies of the draft guidance community development financing and are available to the public by calling 1– investment activities, pursuant to § FEDERAL RESERVE SYSTEM 800–899–0381 or 301–827–0111, and 225.28(b)(12)(i) of Regulation Y; making requesting Facts-On-Demand document Notice of Proposals to Engage in and servicing loans, pursuant to § number 809, or on the Internet at ‘‘http:/ Permissible Nonbanking Activities or 225.28(b)(1) of Regulation Y; and credit /www.fda.gov/cdrh/ode/ to Acquire Companies that are insurance activities, pursuant to § oderp809.html’’. Engaged in Permissible Nonbanking 225.28(b)(11)(i) of Regulation Y; and in Activities Procedure: On July 29, 1999, from engaging all activities that Mercantile 8:30 a.m. to 5 p.m., the meeting is open The companies listed in this notice currently is authorized to conduct. to the public. Interested persons may have given notice under section 4 of the Board of Governors of the Federal Reserve present data, information, or views, Bank Holding Company Act (12 U.S.C. System, July 14, 1999. orally or in writing, on issues pending 1843) (BHC Act) and Regulation Y (12 Robert deV. Frierson, before the committee. Written CFR Part 225), to engage de novo, or to Associate Secretary of the Board. submissions may be made to the contact acquire or control voting securities or [FR Doc. 99–18399 Filed 7–19–99; 8:45 am] person by July 23, 1999. Oral assets of a company, including the BILLING CODE 6210±01±F presentations from the public will be companies listed below, that engages scheduled between approximately 9 either directly or through a subsidiary or a.m. and 9:30 a.m., and between other company, in a nonbanking activity DEPARTMENT OF HEALTH AND approximately 3 p.m. and 3:30 p.m. that is listed in § 225.28 of Regulation HUMAN SERVICES Time allotted for each presentation may Y (12 CFR 225.28) or that the Board has be limited. Those desiring to make determined by Order to be closely Food and Drug Administration formal oral presentations should notify related to banking and permissible for the contact person before July 23, 1999, bank holding companies. Unless Gastroenterology and Urology Devices and submit a brief statement of the otherwise noted, these activities will be Panel of the Medical Devices Advisory general nature of the evidence or conducted throughout the United States. Committee; Notice of Meeting arguments they wish to present, the Each notice is available for inspection AGENCY: Food and Drug Administration, names and addresses of proposed at the Federal Reserve Bank indicated. HHS. participants, and an indication of the The notice also will be available for ACTION: Notice. approximate time requested to make inspection at the offices of the Board of their presentation. Governors. Interested persons may This notice announces a forthcoming Closed Committee Deliberations: On express their views in writing on the meeting of a public advisory committee July 29, 1999, from 8 a.m. to 8:30 a.m., question whether the proposal complies of the Food and Drug Administration the meeting will be closed to permit with the standards of section 4 of the (FDA). At least one portion of the discussion and review of trade secret BHC Act. meeting will be closed to the public. and/or confidential commercial Unless otherwise noted, comments Name of Committee: Gastroenterology information (5 U.S.C. 552b(c)(4)) regarding the applications must be and Urology Devices Panel of the regarding present and future FDA received at the Reserve Bank indicated Medical Devices Advisory Committee. issues. or the offices of the Board of Governors General Function of the Committee: FDA regrets that it was unable to not later than August 3, 1999. To provide advice and publish this notice 15 days prior to the

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July 29, 1999 Medical Devices Advisory providers must meet federal conditions effectiveness of this type of Committee meeting. Because the agency of participation. The certification form intervention; and (2) establish a Center believes there is some urgency to bring is needed to determine if providers meet for Peer HIV/AIDS Treatment Educators these issues to public discussion and at least preliminary requirements. The in order to support the training and qualified members of the Medical survey form is used to record provider development of knowledgeable peer Devices Advisory Committee were compliance with the individual educators to work within minority available at this time, the Commissioner conditions and report findings to communities on treatment education, to concluded that it was in the public HCFA.; Frequency: Annually; Affected increase the awareness, acceptance and interest to hold this meeting even if Public: State, Local, or Tribal appropriate utilization of effective new there was not sufficient time for the Government; Number of Respondents: therapies by HIV positive persons. This customary 15-day public notice. 540; Total Annual Responses: 540; Total project is an essential part of HAB’s Notice of this meeting is given under Annual Hours: 260,848. response to address HIV/AIDS among the Federal Advisory Committee Act (5 To obtain copies of the supporting racial and ethnic minority populations U.S.C. app. 2). statement and any related forms for the as a part of the Congressional Black Dated: July 29, 1999. proposed paperwork collections Caucus Initiative. HRSA’s role in the referenced above, access HCFA’s Web Linda A. Suydam, cooperative agreement will include Site address at http://www.hcfa.gov/ Senior Associate Commissioner. providing consultation and technical regs/prdact95.htm, or E-mail your assistance in planning, operating, and [FR Doc. 99–18383 Filed 7–19–99; 8:45 am] request, including your address, phone evaluating program activities; BILLING CODE 4160±01±F number, OMB number, and HCFA facilitating collaboration with Ryan document identifier, to White grantees and other HIV national [email protected], or call the Reports DEPARTMENT OF HEALTH AND and community organizations to reach Clearance Office on (410) 786–1326. HUMAN SERVICES the target population; facilitating efforts Written comments and in the provision of technical assistance Health Care Financing Administration recommendations for the proposed and training to specified individuals information collections must be mailed and organizations; participating, as [HCFA±0359/0360/R±0055] within 60 days of this notice directly to appropriate, in planning and producing Agency Information Collection the HCFA Paperwork Clearance Officer any conferences, meetings, or designated at the following address: workgroups conducted during the Activities: Proposed Collection; HCFA, Office of Information Services, Comment Request period of the cooperative agreement; Security and Standards Group, Division and maintaining an ongoing dialogue AGENCY: Health Care Financing of HCFA Enterprise Standards, with the applicant concerning program Administration, HHS. Attention: Louis Blank, Room N2–14– plans, policies, and other issues which In compliance with the requirement 26, 7500 Security Boulevard, Baltimore, may have major implications for any of section 3506(c)(2)(A) of the Maryland 21244–1850. activities undertaken by the applicant Paperwork Reduction Act of 1995, the Dated: July 12, 1999. under the Cooperative Agreement. Health Care Financing Administration John P. Burke III, Authorizing Legislation (HCFA), Department of Health and HCFA Reports Clearance Officer, HCFA Office Human Services, is publishing the of Information Services, Security and An award will be made under the following summary of proposed Standards Group, Division of HCFA program authority of Section 2692 (a) of collections for public comment. Enterprise Standards. the Public Health Service Act, 42 U.S.C. Interested persons are invited to send [FR Doc. 99–18448 Filed 7–19–99; 8:45 am] 300ff–11. comments regarding this burden BILLING CODE 4120±03±P estimate or any other aspect of this Background collection of information, including any Assistance will only be provided to DEPARTMENT OF HEALTH AND of the following subjects: (1) The USC. No other applications are HUMAN SERVICES necessity and utility of the proposed solicited, nor will they be accepted. information collection for the proper This organization is the only qualified performance of the agency’s functions; Health Resources and Services Administration entity to administer this cooperative (2) the accuracy of the estimated agreement because: burden; (3) ways to enhance the quality, Notice of a Cooperative Agreement utility, and clarity of the information to 1. The University of Southern With the University of Southern be collected; and (4) the use of California AIDS Social Policy Archive is California AIDS Social Policy Archive automated collection techniques or the only entity that has designed a other forms of information technology to The Health Resources and Services university-based peer treatment minimize the information collection Administration’s (HRSA) HIV/AIDS educator training program that will burden. Bureau (HAB) announces that it will create a cadre of highly-trained HIV/ Type of Information Collection award a cooperative agreement to The AIDS peer treatment educators for the Request: Extension of a currently University of Southern California AIDS purpose of increasing the numbers of approved collection; Title of Social Policy Archive (USC). HIV infected African Americans Information Collection: Comprehensive The purpose of this cooperative entering and remaining in health care, Outpatient Rehabilitation Facility agreement is to (1) assist USC in an adhering to treatment regimes, and (CORF) Eligibility and Survey Forms expansion of training programs to help advocating for their own health care and Information Collection community-based organizations train, needs. Requirements in 42 CFR 485.56, 485.58, place, and support a cadre of HIV/AIDS 2. This organization and its staff are 485.60, 485.64, 485.66, 410.105; Form peer treatment educators from racial and established leaders in developing and No.: HCFA–0359/0360/R–0055 (OMB ethnic minority groups as a strategy to promoting national and local HIV- #0938–0267); In order to participate in engage and retain more persons of color related treatment education and policy the Medicare proram as a CORF, in high quality care and to evaluate the campaigns aimed at reducing the impact

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices 38911 of HIV in minority populations and supporting Targeted Provider Education educational programs, serving minority improving health outcomes. Demonstration (TPED) Grants. These populations, and assessing HIV/AIDS 3. This organization has developed a demonstration grants will provide service provider training needs; (2) be base of critical knowledge, skills, and treatment education and training to located within the training catchment abilities related to HIV treatment and health care and support service area defined by the applicant; and (3) barriers to accessing and adhering to providers who deliver Ryan White possess the capacity to use multifaceted prescribed treatments. CARE Act services. strategies to outreach to minority 4. This organization has nationally The TPED Grants will serve as an providers and provide HIV/AIDS recognized experts in HIV treatments adjunct to existing HRSA HIV training training. (FDA approved and experimental), initiatives which focus on providing Availability of Funds process and outcome evaluation, and training to primary care providers on curriculum development as core Department of Health and Human Up to $3.3 million dollars are resources to support the project through Services (DHHS) treatment guidelines available in FY 1999 to fund 5–10 out the project period. including the ‘‘DHHS Guidelines on the awards. Funding will be allocated 5. This organization has demonstrated Use of Antiretroviral Agents in HIV according to the number of grants the ability to work with minority and infected Adults and Adolescents’ and awarded. It is expected that the awards non-minority entities, the Federal the ‘‘Guidelines for the Use of will be made on or about September 30, Government, academic institutions, and Antiretroviral Agents in Pediatric HIV 1999. Funding will be made available health groups on mutually beneficial Infection’’. The existing HIV training for 12-months, with a project period for education, research, and health initiatives include: regional AIDS up to three years. Continuation awards endeavors related to the goal of health Education and Training Centers (AETC), within the approved project period will promotion and disease prevention the National AIDS Education and be made on the basis of satisfactory among racial and ethnic minority Training Centers Resource Center; and progress and the availability of funds. populations; the national leadership the National Minority AIDS and Authorization necessary to focus the Nation’s attention Education and Training Center. on minority-related health issues; and The proposed demonstration grants Section 2692 of the Public Health Service Act, 42 U.S.C. 300ff–11. the leadership needed to organize health will target HIV/AIDS providers such as care professionals to work with and case managers, peer counselors, mental Funding Priorities and/or Preferences train racial/ethnic minority treatment health professionals, substance abuse providers, prison health and discharge Funding priority will be given to educators and advocates. proposals that propose to provide Up to $2,000,000 is available in fiscal providers, outreach workers, treatment educators, etc. who are not targeted to innovative education and training to year (FY) 1999 for a 12-month budget targeted providers serving racial/ethnic period with a project period of 3 years. receive training through the other HRSA Ryan White Care Act training initiatives. minority communities highly impacted Continuation awards within the project by HIV/AIDS. Geographical area and period will be made on the basis of Training topics supported under this grant announcement focus on areas uniform national distribution of TPED satisfactory progress and the availability programs will be considered in final of funds. required to support the delivery of quality health and social service support funding decisions. Where to Obtain Additional services through Ryan White CARE Act DATES: In order to be considered for Information programs. Grantees will be expected to competition, applications for these Additional information may be coordinate and work cooperatively with announced grants must be received at obtained from Ms. Brenda Woods- the AETCs and other HRSA training the HRSA Grants Application Center by the close of business 45 days following Francis, HIV/AIDS Bureau, HRSA, 5600 initiatives. the date of this announcement. Fishers Lane, Room 7–29, Rockville, MD Successful grant applicants will Applications shall be considered as 20857 or telephone (301) 443–0415. propose to deliver innovative education and training programs tailored to the meeting the deadline if they are: (1) Dated: July 14, 1999. assessed training needs of the targeted Received on or before the deadline date, Claude Earl Fox, populations. The proposed geographical or (2) postmarked on or before the Administrator. area will be a region, state(s) or other deadline date and received in time for [FR Doc. 99–18385 Filed 7–19–99; 8:45 am] large geographic area(s) defined by the orderly processing and submission to BILLING CODE 4160±15±P applicant. The selected geographic the review committee. Applicants area(s) should include areas with a should request a legibly dated receipt demonstrable need for training from a commercial carrier or U.S. Postal DEPARTMENT OF HEALTH AND providers that serve large minority and Service postmark. Private metered HUMAN SERVICES other underserved populations. The postmarks shall not be acceptable as core components of the program will proof of timely mailing. Applications Health Resources and Services include a needs assessment, received after the deadline will be Administration comprehensive evaluation component, returned to the applicant and not reviewed. Targeted Provider Education and a time-framed implementation plan ADDRESSES: All applications should be Demonstration Grants for education and training program activities. mailed or delivered to: Grants AGENCY: Health Resources and Services Management Officer, HRSA Grants Eligible Applicants Administration Application Center, 5600 Fishers Lane, ACTION: Notice of availability of funds. Eligible applicants are public and Room 4–91, Rockville, MD 20857. Grant nonprofit entities and schools and applications sent to any address other SUMMARY: The Health Resources and academic health science centers. In than that above are subject to being Services Administration (HRSA) addition, the applicant should have a returned. Federal Register notices and announces the availability of funds for demonstrable track record in (1) application guidance for the HIV/AIDS fiscal year 1999 for discretionary grants designing and implementing training or Bureau programs are available on the

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World Wide Web via the Internet. The constructed to convey Project municipal (FEIS). The proposed RMP describes the web site for the HIV/AIDS Bureau is: and industrial water to North Utah proposed future management direction http://www.hrsa.gov/hab/. Federal grant County. CUWCD is under contract for for approximately 291,168 acres of application kits are available at the the operation and maintenance of BLM-administered public land surface following Internet address: http:// Alpine Aqueduct System. Since treated and 1,407,698 acres of BLM- forms.psc.gov/phsforms.htm. For those Project water is not yet available for administered Federal mineral estate in applicants who are unable to access delivery through the Alpine Aqueduct, the Wyoming portion of the Newcastle application materials electronically, a CUWCD intends to use Alpine Field Office administrative area. hard copy of the official grant Aqueduct Reach 3 to deliver untreated If you are interested in being involved application kit (PHS Form 6025–1) must raw water. To deliver the raw water, a in future activity planning and be obtained from the HRSA Grants pipeline must be constructed to bypass implementation of management Application Center. The Center may be the Utah Valley Water Purification decisions addressed in the proposed contacted by (1) telephone, 1–888–300– Plant. This bypass pipeline, will be RMP, please contact the Newcastle Field 4772, (2) fax, 301–309–0579, or (3) e- approximately 2,030 feet in length, up Office at the address below. mail, [email protected]. to 60 inches in diameter, and will The Proposed Newcastle Resource Where To Obtain Additional connect Alpine Aqueduct Reach 1 to Management Plan and FEIS document is Information Alpine Aqueduct Reach 3, which will a complete reprinting of the material enable the delivery of the untreated presented in the draft EIS document. It Additional technical information may municipal and industrial water to the contains updated and revised chapter be obtained from Brenda Woods- North Utah County communities. narratives, maps, tables, and Francis, HIV/AIDS Bureau, Health When construction of the bypass appendices. Therefore, it should not be Resources and Services Administration, pipeline is completed it will become a necessary to refer to the draft EIS in 5600 Fishers Lane, Room 7–29, CUP Project feature and title will be in reviewing this proposed RMP and FEIS. Rockville, MD 20857. The telephone the name of the United States. National The Proposed Newcastle Resource number is (301) 443–0415 and the FAX Environmental Policy Act compliance Management Plan is a comprehensive number is (301) 443–6709. will be completed by Interior. land use plan for the management of the Dated: July 14, 1999. DATES: Dates for public negotiation BLM-administered public lands in the Claude Earl Fox, M.D., M.P.H., sessions will be announced in local Newcastle Field Office administrative Administrator. newspapers. area. The proposed RMP is a refinement [FR Doc. 99–18384 Filed 7–19–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: of the preferred alternative presented in BILLING CODE 4160±15±P Additional information on matters the draft EIS. Comments from the related to this Federal Register notice public, review and corrections by BLM can be obtained at the address and staff, and new information developed DEPARTMENT OF THE INTERIOR telephone number set forth below: Mr. since the distribution of the draft EIS Michael Hansen, Program Coordinator, have prompted some changes in the Notice of Intent To Negotiate an CUP Completion Act Office, Department Preferred Alternative. The Agreement Between the Central Utah of the Interior, 302 East 1860 South, environmental effects of the proposed Water Conservancy District and Provo UT 84606–6154, Telephone: (801) RMP are not substantively different Department of the Interior for 379–1194, Internet: from those of the Preferred Alternative. Construction of the Alpine Aqueduct [email protected] The proposed RMP focuses on the Reach 3 Raw Water Bypass Pipeline, resolution of key resource management Utah County, UT Dated: July 14, 1999. issues that were identified with public Ronald Johnston, involvement early in the planning AGENCY: Office of the Assistant CUP Program Director, Department of the process. These issues include: (1) split Secretary—Water and Science, Interior. estate land management; (2) special Department of the Interior. [FR Doc. 99–18408 Filed 7–19–99; 8:45 am] management area designations; and (3) ACTION: Notice of intent to negotiate an BILLING CODE 4310±RK±P resource accessibility and agreement between the Central Utah manageability. Water Conservancy District (CUWCD) The draft EIS for the Newcastle RMP and Department of the Interior (Interior) DEPARTMENT OF THE INTERIOR was made available for public review for construction of the Alpine Aqueduct and comment in April 1998. Comments Bureau of Land Management Reach 3 Raw Water Bypass Pipeline, received on the draft EIS were Utah County, Utah. [WY±080±1610±00] considered in preparing the Proposed SUMMARY: Under repayment contract Newcastle RMP and FEIS. Notice of Availability of the Proposed No. 14–06–400–4286, dated December The following are changes made to Resource Management Plan and Final 28, 1965, as amended and the draft EIS in preparing the FEIS as a Environmental Impact Statement for supplemented, the United States and result of the public comments received, the Newcastle Field Office CUWCD agreed to the terms and correcting errors, and updating Administrative Area, Wyoming conditions for the delivery of project information. water from the Bonneville Unit of the AGENCY: Bureau of Land Management, —Three planning criteria have been Central Utah Project. The project Interior. added: biological diversity, leasable purposes for the Bonneville Unit ACTION: Notice of availability. minerals potential, and wild and include but are not limited to, irrigation, scenic rivers. None of these additional municipal and industrial, water SUMMARY: The Bureau of Land criteria caused any changes in the conservation, water efficiency Management (BLM) announces the Preferred Alternative. improvements, fish and wildlife, and availability of the Proposed Newcastle —The ‘‘Socioeconomic’’ section in recreation. As part of the Bonneville Resource Management Plan (RMP) and Chapter 3 has been updated and Unit, the Alpine Aqueduct System was Final Environmental Impact Statement revised using current data.

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—Map 3–18, ‘‘Elk Hunt Areas’’ and Map DEPARTMENT OF THE INTERIOR All persons authorized to enforce 3–24, ‘‘Elk and Antelope Herd Unit state game laws may enforce this Boundaries’’ have been updated to Bureau of Land Management closure. Oregon State Police and the reflect current information. [OR 125±09±6250±02±GP0249] Coos and Douglas County Sheriff —Map 3–19, ‘‘Threatened or Departments are hereby authorized to enforce state and federal laws and Endangered Species Habitat,’’ from Closure Notice for Motor Vehicles on Designated Roads regulations on federal properties the draft was eliminated because the affected in this notice. information was incomplete and AGENCY: Bureau of Land Management, This closure order is in accordance misleading. U.S. Department of Interior. with the provisions of Pub. L. 93452, the ACTION: —Information pertaining to big game Notice. Sikes Act (88 Stat. 1369), (16 U.S.C. 670 population objectives was updated SUMMARY: Notice is hereby given that et seq.) and Pub. L. 94–579, the Federal with current data. the following listed roads have been Land Policy and Management Act of —An Appendix N, ‘‘Fire Management selected for closure to motorized 1976 (90 stat. 2743), (43 U.S.C. 1701), 43 Implementation Plan for the BLM- vehicles in accordance with the Coos CFR, Subpart 8364 and 13LM Manual Administered Public Lands in the Bay Resource Management Plan & Handbook, State Office—Oregon H– State of Wyoming’’ was added. Environmental Impact Statement and its 2812–1—Logging Road Right-of-Way. Record of Decision (BLM, 1995) (RMP); Any person who fails to comply with —Two appendices were updated with which is in conformance with the Final the provisions of this order may be more current information: (1) Supplemental and Environmental subject to penalties outlined in 43 CFR Appendix H, ‘‘A Detailed Discussion Impact Statement on Management of 8360.0–7 or as ordered through the of Oil and Gas Activities and Habitat for Late Successional and Old- Oregon Judicial system. Processes in the Newcastle Resource growth Forest Related Species within The following is a list of road closures Area,’’ and (2) Appendix I, the Range of the Northern Spotted Owl identified by this order, by Field Office ‘‘Reasonably Foreseeable and its Record of Decision (Interagency, and road number. Unless noted Development Scenario for Oil and 1984) (Northwest Forest Plan). Selected otherwise, the location of the gates or Gas.’’ roads will have barriers installed on the barriers will be at or near the beginning All or part of the Proposed Newcastle Coos Bay District, within Coos and of each road. Resource Management Plan and FEIS Douglas Counties. Closure is for an indefinite period (15 years or longer) may be protested by parties who TABLE 1.ÐUMPGUA FIELD OFFICE beginning on or about 15 July, 1999, participated in the planning process and PROPOSED ROAD CLOSURES when roads will have barriers installed. who have an interest which is or may Closures may be reversed by the BLM. Approx. be adversely affected by the adoption of Reopening of a road will be for Road No. miles the plan. A protest may raise only those temporary periods of time and the issues which were submitted for the condition of the road will be restored to 27±10±30.1 ...... 0.5 record during the planning process and the original condition found (including 27±10±6.2* ...... 1.2 26±10±25.1 ...... 0.5 by only those parties who raised those erosion control and barriers). issues. 26±10±35.0 ...... 0.7 Acceptable reasons for reopening 20±9±29 ...... 1.5 DATES: Protests on the Proposed include the following: fire (prescribed or Total ...... 4.4 Newcastle RMP and FEIS must be suppression), emergency, rescue, forestry management on lands * Only the portion of Road No. 27±10±6.2 postmarked no later than 30 days north of the junction with Road No. 27±10± following the date that the administered by a private party 31.1 is proposed for closure. (including but not limited to thinning, Environmental Protection Agency fertilization, stand exams, reforestation ADDRESSES: Detailed information Notice of Availability (NOA) is and harvesting activities on private concerning this notice, including the published in the Federal Register. That lands and as authorized by the Area environmental analysis, is available for NOA is expected to be published on Manager on BLM administered lands). review at the Bureau of Land July 16, 1999. Closures otherwise may only be Management’s Coos Bay District Office, ADDRESSES: Protests on the Proposed reopened for agency purposes by 1300 Airport Lane, North Bend, OR Newcastle RMP and FEIS should be sent initiating an environmental assessment 97459–2000. to: Director (210), Bureau of Land for a site specific project. Any use of DATES: On or before August 19, 1999, Management, Attention: Brenda motor vehicles by all parties within the interested parties may submit comments Williams, 1849 C Street NW, closed areas is prohibited. This does not to the Umpqua Field Office Manager at Washington, DC 20240. effect non-motorized forms of travel. the above address. Objections will be The reason for this order is to evaluated by the Field Office Manager, FOR FURTHER INFORMATION CONTACT: Bill implement the Northwest Forest Plan as who may sustain, vacate or modify this Hill, Newcastle Field Manager, Bureau it relates to road density management. action. In the absence of any objection, of Land Management, 1101 Washington Benefits to road closures include but are this action will become the final Blvd., Newcastle, Wyoming 82701, not limited to: improving water quality, determination of the Bureau of Land Phone: 307–746–4453. reducing sedimentation, enhancing big Management. game habitat, and reducing habitat Dated: July 14, 1999. FOR FURTHER INFORMATION CONTACT: disturbance to other wildlife species. Dan Alan R. Pierson, Copies of the administrative R. Van Slyke (541) 756–0100. State Director. determination and its environmental Gary Johnson, [FR Doc. 99–18407 Filed 7–19–99; 8:45 am] assessment, as well as maps of the roads Umpqua Field Manager. BILLING CODE 4310 22±P affected are available from the Coos Bay [FR Doc. 99–18449 Filed 7–19–99; 8:45 am] District Office, at the address below. BILLING CODE 4310±33±P

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DEPARTMENT OF THE INTERIOR Sec. 22, lots 3, 4, 5, 6, 11, and 12, and Salt Lake Meridian 1 NW ⁄4; T. 7 S., R. 1 E., Bureau of Land Management Sec. 24, lots 1, 2, 3, 11, 12, 17, and 18, Sec. 26, lot 1. 1 1 1 1 N ⁄2NW ⁄4, and SW ⁄4NW ⁄4; T. 8 S., R. 1 E., [UT±942±1430±01; UTU 42936, UTU 42937, 1 4 1 4 1 4 1 4 Sec. 26, NW ⁄ NW ⁄ and NW ⁄ SW ⁄ ; Sec. 11, E1⁄2SW1⁄4 and SW1⁄4SE1⁄4. UTU 42942, UTU 42943, and UTU 42944] 1 1 Sec. 34, NW ⁄4NE ⁄4. T. 9 S., R. 1 E., The areas described aggregate 1,927.00 Public Land Order No. 7401; Sec. 18, lots 1 and 2; acres in Utah County. Sec. 20, W1⁄2NE1⁄4 and W1⁄2. Revocation of Secretarial Orders Dated T. 7 S., R. 2 E., February 29, 1912, April 16, 1913, and 2. The Secretarial Order dated April Sec. 15, lot 1; April 19, 1913, and Partial Revocation 11, 1889, which withdrew lands for the Sec. 25, lots 2 and 3, and SE1⁄4SW1⁄4; of Secretarial Orders Dated April 11, Utah Lake Reservoir Site, is hereby Sec. 26, lots 1 to 4, inclusive; 1889, and May 2, 1914; Utah revoked insofar as it affects the Sec. 27, lot 1. following described lands: T. 5 S., R. 1 W., AGENCY: Bureau of Land Management, Sec. 24, lots 2 and 4. Interior. Salt Lake Meridian T. 9 S., R. 1 W., 1 1 1 1 ACTION: Public Land Order. T. 5 S., R. 1 E., Sec. 2, SW ⁄4NE ⁄4 and S ⁄2SE ⁄4; Sec. 27, lot 3; Sec. 11, lots 1 to 4, inclusive, SW1⁄4SW1⁄4, SUMMARY: This order revokes three Sec. 29, lots 1 and 2; N1⁄2SW1⁄4, and NW1⁄4; Secretarial orders in their entirety and Sec. 34, lot 1; Sec. 13, lots 1 to 4, inclusive; 1 1 partially revokes two Secretarial orders Sec. 36, lots 1 to 4, inclusive, N1⁄2NW1⁄4, Sec. 14, lots 1 to 4, inclusive, and W ⁄2W ⁄2; 1 1 Sec. 15, E1⁄2E1⁄2; insofar as they affect 5,457.36 acres of and SE ⁄4NW ⁄4. T. 7 S., R., 1 E., Sec. 22, E1⁄2; lands withdrawn for the Bureau of 1 1 Sec. 6, lot 1 and NE1⁄4SE1⁄4; Sec. 23, lots 1 and 2, NE ⁄4SE ⁄4, and Reclamation’s Utah Lake Reservoir Site Sec. 7, lot 1; S1⁄2SE1⁄4. and the Strawberry Valley Project. The Sec. 26, lot 1. The areas described aggregate 2,563.86 lands are no longer needed for T. 8 S., R., 1 E., acres in Utah County. reclamation purposes and the Bureau of Sec. 10, lots 1, 2, 7, and 8. 5. The following described lands are Reclamation has requested that the T. 7 S., R., 2 E., being conveyed to the State of Utah in withdrawals be revoked. Of the lands Sec. 15, lot 1; 1 1 accordance with the Utah State Enabling included in these revocations, 2,563.86 Sec. 25, lots 2, 3, and 4, and SE ⁄4SW ⁄4; Act: acres are within overlapping Sec. 26, lots 1 to 4, inclusive; Sec. 27, lot 1; withdrawals and will remain closed to Salt Lake Meridian Sec. 36, W1⁄2E1⁄2 and W1⁄2. surface entry and mining, and 2,171.80 T. 5 S., R., 1 W., T. 5 S., R. 1 E., 1 1 acres will be made available for Sec. 23, lot 3; Sec. 36, lots 1 to 4, inclusive, N ⁄2NW ⁄4, 1 1 exchange. These lands have been and Sec. 24, lots 2 and 4; and SE ⁄4NW ⁄4. will remain open to mineral leasing. Sec. 36, lots 1 and 2. T. 7 S., R. 2 E., 1 1 1 The remaining 721.70 acres will be T. 7 S., R. 1 W., Sec. 36, W ⁄2E ⁄2 and W ⁄2. Sec. 13, lots 9 to 12, inclusive; T. 5 S., R. 1 W., transferred to the State of Utah in Sec. 36, lots 1 and 2. accordance with the Utah State Enabling Sec. 24, lots 1, 2, 3, 10, 11, 12, 13, 17, and 1 The areas described aggregate 721.70 acres Act. 18, and NW ⁄4; Sec. 26, NW1⁄4SW1⁄4; in Utah County. EFFECTIVE DATE: August 19, 1999. 1 1 Sec. 34, NW ⁄4NE ⁄4. 6. At 10 a.m. on August 19, 1999 the FOR FURTHER INFORMATION CONTACT: The areas described aggregate 2,113.99 lands described in Paragraphs 1, 2, and Michael Nelson, BLM Salt Lake Field acres in Utah County. 3, except for those described in Office (UT–020), 2370 South 2300 West, Paragraphs 4 and 5 will be opened for Salt Lake City, Utah 84119, 801–977– 3. The Secretarial Order dated May 2, 1914, which withdrew lands for the exchange under Section 206 of the 4355. Federal Land Policy and Management By virtue of the authority vested in Bureau of Reclamation’s Strawberry Act of 1976, 43 U.S.C. 1716 (1994), the Secretary of the Interior by Section Valley Project is hereby revoked insofar subject to valid existing rights, the 204 of the Federal Land Policy and as it affects the following described provisions of existing withdrawals, Management Act of 1976, 43 U.S.C. lands: other segregations of record, and the 1714 (1994), it is ordered as follows: Salt Lake Meridian requirements of applicable law. 1. The Secretarial Orders dated T. 9 S., R. 1 E., February 29, 1912, April 16, 1913, and Sec. 18, lots 1 and 2; Dated: July 8, 1999. April 19, 1913, which withdrew lands Sec. 20, W1⁄2NE1⁄4 and W1⁄2. John Berry, for the Bureau of Reclamation’s T. 9 S., R. 1 W., Assistant Secretary of the Interior. Strawberry Valley Project, are hereby Sec. 2, SW1⁄4NE1⁄4 and S1⁄2SE1⁄4; [FR Doc. 99–18450 Filed 7–19–99; 8:45 am] Sec. 11, lots 1, 2, 3, and 4, SW1⁄4SW1⁄4, revoked in their entirety as they affect BILLING CODE 4310±D9±P the following described lands: N1⁄2SW1⁄4, and NW1⁄4; Sec. 13, lots 1 to 4, inclusive; Salt Lake Meridian Sec. 14, lots 1 to 4, inclusive, and W1⁄2W1⁄2; DEPARTMENT OF THE INTERIOR T. 8 S., R. 1 E., Sec. 15, E1⁄2E1⁄2; Sec. 10, lots 1 to 8, inclusive, and Sec. 22, E1⁄2; 1 1 Bureau of Land Management SW1⁄4SE1⁄4; Sec. 23, lots 1 and 2, NE ⁄4SE ⁄4, and 1 1 Sec. 11, E1⁄2SW1⁄4 and SW1⁄4SE1⁄4. S ⁄2SE ⁄4. [NV±930±4210±05; N±57883] T. 9 S., R. 1 E., The areas described aggregate 2,158.05 Sec. 8, W1⁄2SE1⁄4NW1⁄4, NE1⁄4SW1⁄4, acres in Utah County. Notice of Realty Action: Segregation SW1⁄4NW1⁄4SE1⁄4, and SW1⁄4SE1⁄4SE1⁄4; Terminated, Lease/Conveyance for 1 1 1 1 1 4. The following described lands are Sec. 22, NE ⁄4SW ⁄4 and NW ⁄4SW ⁄4SE ⁄4. Recreation and Public Purposes T. 7 S., R. 1 W., within overlapping withdrawals and Sec. 13, lots 2, 3, 4, 9, 10, 11, and 12, and will remain closed to surface entry and AGENCY: Bureau of Land Management, W1⁄2; mining: DOI.

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ACTION: Segregation Terminated, 5. Those rights for roadway purposes Any adverse comments will be Recreation and Public Purpose Lease/ which have been granted to Clark reviewed by the State Director. Conveyance. County by Permit No. N–60728 under In the absence of any adverse the Act of October 21, 1976 (43 U.S.C comments, the classification of the land SUMMARY: The following described 1761). described in this Notice will become public land in Las Vegas, Clark County, 6. Those rights for roadway purposes effective 60 days from the date of Nevada was segregated on July 23, 1997 which have been granted to Clark publication in the Federal Register. The for exchange purposes under serial County by Permit No. N–60903 under lands will not be offered for lease/ number N–61855. The exchange the Act of October 21, 1976 (43 U.S.C conveyance until after the classification segregation on the subject lands will be 1761). becomes effective. terminated upon publication of this 7. Those rights for distribution line notice in the Federal Register. The land Dated: July 8, 1999. purposes which have been granted to has been examined and found suitable Rex Wells, Nevada Power Company by Permit No. for lease/conveyance for recreational or Assistant Field Office Manager, Las Vegas, N–61629 under the Act of October 21, public purposes under the provisions of NV. 1976 (43 USC 1761). the Recreation and Public Purposes Act, [FR Doc. 99–18392 Filed 7–19–99; 8:45 am] 8. Those rights for distribution line as amended (43 U.S.C. 869 et seq.). BILLING CODE 4310±HC±P purposes which have been granted to Clark County proposes to use the lands Las Vegas Valley Water District by for a public park. Permit No. N–62096 under the Act of DEPARTMENT OF THE INTERIOR Mount Diablo Meridian, Nevada October 21, 1976 (43 USC 1761). T. 19 S., R. 60 E., M.D.M., sec. 31, Lots 15, Detailed information concerning this National Park Service 18, 20, action is available for review at the SE1⁄4NW1⁄4SW1⁄4, W1⁄2NE1⁄4SW1⁄4SW1⁄4, office of the Bureau of Land Notice of Availability of the Decision W1⁄2NW1⁄4SE1⁄4SW1⁄4, Notice and Finding of No Significant 1 1 1 1 1 1 1 Management, Las Vegas Field Office, W ⁄2SW ⁄4SE ⁄4SW ⁄4, SE ⁄4SW ⁄4SW ⁄4, 4765 W. Vegas Drive, Las Vegas, Impact for the Environmental T. 20 S., R. 60 E., M.D.M., sec. 6, Lots 27, 32– Assessment of Restoration 35, 37. Nevada. Upon publication of this notice in the Alternatives for the March 28, 1993, Containing 80.00 acres, more or less, Colonial Pipeline Oil Spill Near Reston, located at Lone Mountain Road and Jensen Federal Register, the above described Street. land will be segregated from all other Virginia The land is not required for any forms of appropriation under the public ACTION: Notice of availability of the federal purpose. The lease/conveyance land laws, including the general mining Decision Notice (DN) and Finding of No is consistent with current Bureau laws, except for lease/conveyance under Significant Impact (FONSI) for the planning for this area and would be in the Recreation and Public Purposes Act, Environmental Assessment of the public interest. The lease/patents, leasing under the mineral leasing laws Restoration Alternatives for the March when issued, will be subject to the and disposals under the mineral 28, 1993, Colonial Pipeline Oil Spill provisions of the Recreation and Public material disposal laws. near Reston, Virginia. Purposes Act and applicable regulations For a period of 45 days from the date SUMMARY: of the Secretary of the Interior, and will of publication of this notice in the Pursuant to the Council on contain the following reservations to the Federal Register, interested parties may Environmental Quality regulations, the United States: submit comments regarding the Trustees, representing the National Park 1. A right-of-way thereon for ditches proposed lease/conveyance for Service, U.S. Fish and Wildlife Service, or canals constructed by the authority of classification of the lands to the Las Commonwealth of Virginia, and District the United States, Act of August 30, Vegas Field Office Manager, Las Vegas of Columbia, prepared and made 1890 (43 U.S.C. 945). Field Office, 4765 Vegas Drive, Las available for a 30-day public review the 2. All minerals shall be reserved to Vegas, Nevada 89108. Draft Restoration Plan and Environmental Assessment for the the United States, together with the Classification Comments right to prospect for, mine and remove Colonial Pipeline Oil Spill, Reston, such deposits from the same under Interested parties may submit Virginia (the EA). During the review applicable law and such regulations as comments involving the suitability of period, the Trustees held a public the Secretary of the Interior may the land for a park site. Comments on meeting in Herndon, Virginia, to discuss prescribe and will be subject to: the classification are restricted to the EA. See the notice of availability for 1. Easements in accordance with the whether the land is physically suited for the EA published in the Federal Clark County Transportation Plan. the proposal, whether the use will Register on October 23, 1998 (63 FR 2. Those rights for distribution line maximize the future use or uses of the 56939). purposes which have been granted to land, whether the use is consistent with After the end of the 30-day public Kern River Gas Company by Permit No. local planning and zoning, or if the use availability period, the Trustees selected N–42581 under the Act of February 25, is consistent with State and Federal the preferred alternative, described in 1920 (30 U.S.C 185, sec. 28). programs. Sections 3.1 and 3.2 of the EA, and 3. Those rights for distribution line determined that the implementation of Application Comments purposes which have been granted to the preferred alternative will not cause Nevada Power Company by Permit No. Interested parties may submit a significant environmental impact N–59043 under the Act of October 21, comments regarding the specific use (FONSI). In making that selection and 1976 (43 U.S.C 1761). proposed in the application and plan of determination, the Trustees considered 4. Those rights for roadway purposes development, whether the BLM the information and analysis contained which have been granted to Clark followed proper administrative in the EA and the comments received County by Permit No. N–59198 under procedures in reaching the decision, or during the 30-day public availability the Act of October 21, 1976 (43 U.S.C any other factor not directly related to period. As a result, the Trustees adopted 1761). the suitability of the land for a park site. certain modifications to the preferred

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38916 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices alternative. Those modifications are and needs and provide guidance to Middlesex County described in the DN/FONSI and will be BISO personnel. The EIS will provide Emmanuel Church, 50 Emmanuel Church incorporated in the Final Restoration an environmental evaluation of system Rd., Killingworth, 99000924 Plan and Environmental Assessment. options. The RTMP is considered a Georgia The preferred alternative contains follow-up implementation effort to both primary and compensatory BISO’s General Management Plan (GMP) Chatham County restoration actions. Natural recovery is which is nearing completion. Tybee Island Back River Historic District, the primary restoration action selected Along Chatham Ave., from Tybee River to to return injured natural resources to DATES: The NPS currently estimates Venetian Dr., Tybee Island, 99000928 formulating and evaluating alternatives their baseline conditions. A package of Louisiana by December 31, 1999, and comments multiple compensatory restoration Avoyelles Parish actions, including various wildlife would be most helpful prior to that date. Comments concerning roads and trails Bailey Hotel, 102 Magnolia St., Bunkie, habitat and recreational use 99000929 enhancement projects, was selected to that were furnished by the public during replace the interim loss of natural the GMP process will be fully Ouachita Parish resource services. The goal of primary considered for development of the draft Wossman House, 1205 St. John Dr., Monroe, and compensatory restoration is to make RTMP/EIS and need not be resubmitted. 99000930 the environment and the public whole The public will be furnished an Maryland opportunity to review the draft RTMP/ for injuries to, or loss of, natural Washington County resources and services resulting from EIS and submit comments. Written St. Mark’s Episcopal Church—Lappans, the oil spill. comments and suggestions on the RTMP/EIS will be accepted anytime 18313 Lappans Rd., Boonsboro vicinity, SUPPLEMENTARY INFORMATION: Requests 99000931 for copies of the DN/FONSI, or for any during the process. Minnesota additional information, should be FOR FURTHER INFORMATION CONTACT: directed to Daniel Hamson, National Superintendent, Big South Fork Hennepin County Park Service, Environmental Quality National River and Recreation Area, Glen Lake Children’s Camp, 6350 Indian Division, 1849 C Street, NW (Mail Stop 4564 Leatherwood Road, Onieda, Chief Rd., Eden Prairie, 99000932 2749), Washington, DC 20240, Tennessee 37841, Telephone (423) 569– Nokomis Knoll Residential Historic District, Telephone: (202) 208–7504. Bounded by W. Fifty-Second St., West 2404. Lake Nokomis Parkway, E Fifty-Fourth St., Dated: July 14, 1999. Dated: July 9, 1999. and Bloomington Ave., Minneapolis, Mike Soukup, W. Thomas Brown, 99000938 Associate Director, Natural Resource Regional Director, Southeast Region. Le Sueur County Stewardship and Science, National Park [FR Doc. 99–18387 Filed 7–19–99; 8:45 am] Broadway Bridge (Reinforced-Concrete Service. BILLING CODE 4310±70±M Highway Bridges in Minnesota MPS) MN [FR Doc. 99–18386 Filed 7–19–99; 8:45 am] 99 over Minnesota River, Saint Peter, BILLING CODE 4310±70±P 99000934 DEPARTMENT OF THE INTERIOR Nicollet County Bridge No. 6422—Saint Peter (Reinforced- DEPARTMENT OF THE INTERIOR National Park Service Concrete Highway Bridges in Minnesota MPS) MN 99 over Washington Ave., Saint National Park Service National Register of Historic Places; Peter, 99000933 Notification of Pending Nominations Notice of Intent to Prepare an Missouri Environmental Impact Statement for a Nominations for the following Johnson County Roads and Trails Management Plan for properties being considered for listing Pleasant View School, 674 SW 131 Highway, Big Fork National River and Recreation in the National Register were received Medford vicinity, 99000935 Area, Kentucky and Tennessee by the National Park Service before July Osage County SUMMARY: Road and trail uses are among 10, 1999. Pursuant to § 60.13 of 36 CFR Townley, Alvah Washington, Farmstead the most serious and volatile issues part 60 written comments concerning Historic District, 304 S. Market St., facing Big South Fork National River the significance of these properties Chamois, 99000937 and Recreation Area (BISO) personnel. under the National Register criteria for St. Louis Independent City evaluation may be forwarded to the Therefore, the National Park Service Bell Telephone Building, 920 Olive St., St. (NPS) has decided to prepare a Roads National Register, National Park Service, Louis, 99000936 and Trails Management Plan (RTMP) 1849 C St. NW, NC400, Washington, DC Nevada which will include an Environmental 20240. Written comments should be Impact Statement (EIS). While roads and submitted by August 4, 1999. Washoe County trails provide appropriate access to Carol D. Shull, First Church of Christ, Scientist, 501 resources and recreational Keeper of the National Register. Riverside Dr., Reno, 99000939 opportunities, their use often involves Connecticut New Jersey resource impacts, user conflicts, and Hartford County Bergen County carrying capacity concerns. Strong pressures exist to develop additional Capewell Horse Nail Company, 60–70 Palisade Interstate Parkway, Palisade Interstate Parkway, Fort Lee, 99000940 trails, and there are strongly held Popieluszko St., Hartford, 99000927 Melrose Road Bridge, Melrose Rd. over Oregon positions of various user groups Scantic River, East Windsor, 99000922 concerning the amounts, locations, and Town Bridge, Town Bridge over Farmington Jackson County types of roads and trails that are needed. River, Canton, 99000923 Rich Gulch Diggings, Road and trail standards are needed. Woodbridge Farmstead, 495 Middle 0.75 mi. SW of Jacksonville, Jacksonville, The RTMP will address these concerns Turnpike East, Manchester, 99000925 99000947

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Josephine County Halifax County Missouri-Pacific Railroad, Little Rock, Nauke, William and Nannie, House, 24195 Pleasant Grove, Deer Run Rd., Halifax 90000528 Redwood Highway, Kerby, 99000946 vicinity, 99000966 Union County Lane County Hanover County Ouachita River Bridge, (Historic Bridges of Arkansas MPS), US 167 over the Oachita Chase Gardens Residential Grouping, 274 S. Oak Forest, 7400 Rual Point Road, River, Calion, 9000507 Mechanicsville vicinity, 99000964 Garden Way, Eugene vicinity, 99000943 SAU at Dorado, (Thompson, Charles L., Malheur County Henry County Design Collection TR), Summit at Clocks Oregon Short Line Railroad Depot, 300 Depot Eltham Manor, 405 Riverside Dr., Bassett Sts., El Dorado, 82000939 Lane, Ontario, 99000950 vicinity, 99000960 Yell County Multnomah County Ingleside, Achmum Creek Bridge, (Historic Bridges of Arkansas MPS), Co. Rd. 222, over Achmum Abraham, Simon, Duplex (Eliot 500 Mica Rd., Ridgeway vicinity, 99000963 Creek, Ola vicinity, 90000539 Neighborhood MPS) 522–530 NE San Loudoun County Rafael, Portland, 99000945 [FR Doc. 99–18396 Filed 7–19–99; 8:45 am] Ashburn Presbyterian Church, 20962 Crum, Virgil and Beulah, House, 4438 NE Ashburn Rd., Leesburg vicinity, 99000962 BILLING CODE 4310±70±P Alameda St., Portland, 99000944 Jensen Investment Company Building, 2500 Madison County NE Martin Luther King Jr. Blvd., Portland, Homeplace, The, US 29, jct. with VA 603, DEPARTMENT OF THE INTERIOR 99000941 Madison vicinity, 99000959 Johnson, Charles E., Building (Eliot Orange County Office of Surface Mining Reclamation Neighborhood MPS) 442 NE Russell, and Enforcement Portland, 99000949 Lessland, 4256 Bushy Mountain Rd., Spencer, Arthur Champlin, and Margaret Culpepper vicinity, 99000965 Notice of Proposed Information Fenton Spencer House (Architecture of Page County Collection Ellis F. Lawrence MPS) 1812 SE Myrtle St., Kanawha, 4 Jamison Rd., Luray, 99000968 Portland, 99000942 AGENCY: Office of Surface Mining Hampton Independent City Union County Reclamation and Enforcement, Interior. Scott House, 232 S. Armistead Ave., City of ACTION: Notice and request for Liberty Theater, 1008 and 1010 Adams Ave., Hampton, 99000967 Lagrande, 99000948 comments. Norfolk Independent City South Dakota HUNTINGTON (Tugboat), 1 Waterside Dr.— SUMMARY: In compliance with the Butte County Nauticus Pier, Norfolk, 99000958 Paperwork Reduction Act of 1995, the Newell Depot Bridge (Historic Bridges in A Request for a MOVE has been made for Office of Surface Mining Reclamation South Dakota MPS) Local Rd. over Horse the following resource: and Enforcement (OSM) is announcing Creek, Newell vicinity, 99000953 its intention to request approval for the VIRGINIA Vale Bridge (Historic Bridges in South Dakota collections of information for 30 CFR MPS) Local Rd. over Belle Fourche River, King George County part 780, Surface Mining Permit Vale vicinity, 99000954 Office Hall, VA 3, King George, 90002164 Applications—Minimum Requirements Minnehaha County A request for REMOVAL has been made for for Reclamation and Operation Plans; Bridge No. 50–122–155—Brandon vicinity the following resources: and 30 CFR part 887, Subsistence Insurance Program Grants. These (Historic Bridges in South Dakota MPS) ARKANSAS Local Rd. over Skunk Creek, Brandon collection requests have been forwarded Cleburne County, Winkley Bridge, E of Heber Township vicinity, 99000956 to the Office of Management and Budget Springs at Little Red River, Heber Springs Dell Rapids Bridge, Local Rd. over Big Sioux (OMB) for review and comment. The vicinity, 84000020 River, Dell Rapids, 99000952 information collection requests describe Old Yankton Bridge (Historic Bridges in Columbia County the nature of the information collections South Dakota MPS) Old Yankton Rd. over Caraway Hall-Southern Arkansas University, and the expected burden and cost. the Big Sioux River, Sioux Falls, 99000955 Adjacent to E. Lane Dr., Magnolia, DATES: OMB has up to 60 days to Turner County 93000088 approve or disapprove the information Bridge No. 63–137–090—Parker (Historic Crawford County collections but may respond after 30 Bridges in South Dakota MPS) Cty. Rd. 22 Mountainburg High School, AR 71, days. Therefore, public comments over unnamed stream, Mountainburg, 93001216 should be submitted to OMB by August Parker vicinity, 99000951 Hot Springs County 19, 1999 in order to be assured of consideration. Tennessee Rockport Bridge, W of Rockport, across Ouachitar, Rockport vicinity, 82000829 FOR FURTHER INFORMATION CONTACT: To Davidson County Madison County request a copy of either information Castner—Knott Building, 616–618 Church collection request, explanatory Building St., Nashville, 99000957 Alabam School, S of Alabam at jct. Of AR68 and AR127, Alabam, 76000432 information and related forms, contact John A. Trelease at (202) 208–2783, or Virginia Miller County electronically to [email protected]. Buckingham County Red River Bridge, (Historic Bridges of SUPPLEMENTARY INFORMATION: The Office Chellowe, VA 623, Sprouses Corner vicinity, Arkansas MPS), US 82, over the Red River, 99000961 Garland City, 90000517 of Management and Budget (OMB) regulations at 5 CFR 1320, which Gloucester County Monroe County implement provisions of the Paperwork Zion Poplars Baptist Church, 7000 T.C. Old Monroe County Jail 2nd and Kendall, Reduction Act of 1995 (Pub. L. 104–13), Walker Rd., Gloucester, 99000970 Clarendon, 77000262 require that interested members of the Goochland County Pulaski County public and affected agencies have an Rochambeau Farm, 1080 Manakin Rd., Second Street Bridge, (Historic Bridges of opportunity to comment on information Manakin-Sabot vicinity, 99000969 Arkansas MPS), Second St., over the collection and recordkeeping activities

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(see 5 CFR 1320.8(d)). OSM has Bureau Form Number: None. DATES: OMB has up to 60 days to submitted two requests to OMB to Frquency of Collection: Once. approve or disapprove the information renew its approval of the collections of Description of Respondents: States collections but may respond after 30 information contained in: 30 CFR part and Indian tribes with approved coal days. Therefore, public comments 780, Surface Mining Permit reclamation plans. should be submitted to OMB by August Applications—Minimum Requirements Total Annual Responses: 1. 19, 1999, in order to be assured of for Reclamation and Operation Plans; Total Annual Burden Hours: 8. consideration. and 30 CFR part 887, Subsidence Send comments on the need for the FUR FURTHER INFORMATION CONTACT: To Insurance Program Grants. OSM is collections of information for the request a copy of either information requesting a 3-year term of approval for performance of the functions of the collection request, explanatory each information collection activity agency; the accuracy of the agency’s information and related forms, contact An agency may not conduct or burden estimates; ways to enhance the John A. Trelease at (202) 208–2783, or sponsor, and a person is not required to quality, utility and clarity of the electronically to [email protected]. respond to, a collection of information information collections; and ways to SUPPLEMENTARY INFORMATION: The Office unless it displays a currently valid OMB minimize the information collection of Management and Budget (OMB) control number. The OMB control burdens on respondents, such as use of regulations at 5 CFR 1320, which numbers for these collections of automated means of collections of the implement provisions of the Paperwork information are 1029–0036 for part 780, information, to the following addresses. Reduction Act of 1995 (Pub. L. 104–13), and 1029–0107 for part 887. Please refer to OMB control number require that interested members of the As required under 5 CFR 1320.8(d), a 1029–0036 for part 780, and 1029–0107 public and affected agencies have an Federal Register notice soliciting for Part 887 in your correspondence. opportunity to comment on information comments on these collections of ADDRESSES: collection and recordkeeping activities information was published on April 16, Office of Information and (see 5 CFR 1320.8(d)). OSM has 1999 (64 FR 18934). No comments were Regulatory Affairs, Office of submitted two requests to OMB to received. This notice provides the Management and Budget, Attention: renew its approval of the collections of public with an additional 30 days in Department of Interior Desk Officer, 725 information contained in: 30 CFR part which to comment on the following 17th Street, NW, Washington, DC 20503. 740—General requirements for surface information collection activities: Also, please send a copy of your Title: Surface Mining Permit comments to John A. Trelease, Office of coal mining and reclamation operations Applications—Minimum Requirements Surface Mining Reclamation and on Federal lands; and 30 CFR part 745— for Reclamation and Operation Plan—30 Enforcement, 1951 Constitution Ave., State-Federal cooperative agreements. CFR 780. NW, 210—SIB, Washington, DC 20240, OSM is requesting a 3-year term of OMB Control Number: 1029–0036. or electronically to [email protected]. approval for each information collection Summary: Permit application Dated: July 12, 1999. activity. An agency may not conduct or requirements in sections 507(b), 508(a), Richard G. Bryson, 510(b), 515(b) and (d), and 552 of Pub. sponsor, and a person is not required to Chief, Division of Regulatory Support. respond to, a collection of information L. 95–87 require the applicant to submit [FR Doc. 99–18440 Filed 7–19–99; 8:45 am] the operations and reclamation plan for unless it displays a currently valid OMB BILLING CODE 4310±05±M coal mining activities. Information control number. The OMB control collection is needed to determine numbers for these collections of information are 1029–0027 for Part 740, whether the mining and reclamation DEPARTMENT OF THE INTERIOR plan will achieve the reclamation and 1029–0092 for Part 745. environmental protections pursuant to Office of Surface Mining Reclamation As required under 5 CFR 1320.8(d), the Surface Mining Control and and Enforcement Federal Register notices soliciting Reclamation Act. Without this comments on these collections of information, Federal and State Notice of Proposed Information information was published on March regulatory authorities cannot review and collection 16, 1999 (64 FR 13055). No comments approve permit application requests. were received. This notice provides the Bureau Form Number: None. AGENCY: Office of Surface Mining public with an additional 30 days in Frequency of Collection: Once. Reclamation and Enforcement, Interior. which to comment on the following Description of Respondents: ACTION: Notice and request for information collection activities. Applicants for surface coal mine comments. Title: 30 CFR Part 740—General permits. requirements for surface coal mining Total Annual Responses: 420. SUMMARY: In compliance with the and reclamation operations on Federal Total Annual Burden Hours: 186,081. Paperwork Reduction Act of 1995, the lands. Title: Subsidence Insurance Programs Office of Surface Mining Reclamation OMB Control Number: 1029–0027. Grants—30 CFR 887. and Enforcement (OSM) is announcing Summary: Section 523 of SMCRA OMB Control Number: 1029–0107. that the information collection requests requires that a Federal lands program be Summary: States and Indian tribes for 30 CFR parts 740 and 745 which established to govern surface coal having an approved reclamation plan relate to surface coal mining and mining and reclamation operations on may establish, administer and operate reclamation operations on Federal lands Federal lands. the information requested self-sustaining State and Indian Tribe- and State-Federal cooperative is needed to assist the regulatory administered programs to insure private agreements, respectively. These authority determine the eligibility of an property against damages caused by collection requests have been forwarded applicant to conduct surface coal land subsidence resulting from to the Office of Management and Budget mining operations on Federal lands. underground mining. States and Indian (OMB) for review and comment. The Frequency of Collection: Once. tribes interested in requesting monies information collection requests describe Description of Respondents: Coal for their insurance programs would the nature of the information collections mine operators on Federal lands. apply to the Director of OSM. and the expected burden and costs. Total Annual Responses: 31.

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Total Annual Burden Hours: 1,582. 2. Minutes. thirty days, until August 19, 1999. This Title: State-Federal cooperative 3. Ratification List. process is conducted in accordance with agreements—30 CFR 745. 4. Inv. No. 731–TA–364 5 CFR 1320.10. OMB Control Number: 1029–0092. (Review)(Aspirin from Turkey)— Written comments and suggestions Summary: 30 CFR 745 requires that briefing and vote. (The Commission will from the public and affected agencies States submit information when transmit its determination to the concerning the proposed collection of entering into a cooperative agreement Secretary of Commerce on July 29, information should address one or more with the Secretary of the Interior. OSM 1999.) of the following four points: 5. Inv. No. 731–TA–841 uses the information to make findings (1) Evaluate whether the proposed (Preliminary)(Certain Non-Frozen that the State has an approved program collection of information is necessary Concentrated Apple Juice from China)— and will carry out the responsibilities for the proper performance of the briefing and vote. (The Commission will mandated in the Surface Mining Control functions of the agency, including transmit its determination to the and Reclamation Act to regulate surface whether the information will have Secretary of Commerce on July 22, coal mining and reclamation activities. practical utility; 1999.) Bureau Form Number: None. (2) Evaluate the accuracy of the Frequency of Collection: Annually. 6. Outstanding action jackets: (1.) Document No. EC–99–012: agencies estimate of the burden of the Description of Respondents: State Approval of final report in Inv. No. 332– proposed collection of information, governments which regulate coal 403 (Assessment of the Economic including the validity of the mining operations. Effects on the United States of China’s methodology and assumptions used; Total Annual Responses: 12. Accession to the WTO). (3) Enhance the quality, utility, and Total Annual Burden Hours: 12,344. (2.) Document No. GC–99–057: clarity of the information to be Send comments on the need for the Regarding Inv. No. 337–TA–412 (Certain collected; and collections of information for the Video Graphics Display Controllers and (4) Minimize the burden of the performance of the functions of the Products Containing Same). collection of information on those who agency; the accuracy of the agency’s (3.) Document No. GC–99–066: are to respond, including through the burden estimates; ways to enhance the Regarding Inv. No. 731–TA–752 use of appropriate automated, quality, utility and clarity of the (Final)(Crawfish Tail Meat from China). electronic, mechanical, or other information collections; and ways to In accordance with Commission technological collection techniques or minimize the information collection policy, subject matter listed above, not other forms of information technology, burdens on respondents, such as use of disposed of at the scheduled meeting, e.g., permitting electronic submission of automated means of collections of the may be carried over to the agenda of the responses. information, to the following addresses. following meeting. Please refer to the appropriate OMB Overview of this information control numbers in all correspondence. Issued: July 15, 1999. collection: By order of the Commission. (1) Type of Information Collection: ADDRESSES: Office of information and Reinstatement without change of Regulatory Affairs, Office of Donna R. Koehnke, previously approved collection. Management and Budget, Attention: Secretary. Department of Interior Desk Officer, 725 [FR Doc. 99–18563 Filed 7–16–99; 11:51 am] (2) Title of the Form/Collection: 17th Street, NW, Washington, DC 20503. BILLING CODE 7020±02±P Application for Replacement Also, please send a copy of your Naturalization/ Citizenship Document. comments to John A. Trelease, Office of (3) Agency form number, if any, and Surface Mining Reclamation and DEPARTMENT OF JUSTICE the applicable component of the Enforcement, 1951 Constitution Ave, Department of Justice sponsoring the NW, Room 210–SIB, Washington, DC Immigration and Naturalization Service collection: Form N–565. Adjudications 20240, or electronically to Division, Immigration and [email protected]. Agency Information Collection Naturalization Service. Activities: Comment Request (4) Affected public who will be asked Dated: July 12, 1999. or required to respond, as well as a brief Richard G. Bryson, AGENCY: Immigration and Naturalization Service, Justice. abstract: Primary: Individuals or Chief, Division of Regulatory Support households. This form is used by the [FR Doc. 99–18441 Filed 7–19–99; 8:45 am] ACTION: Notice of Information Collection Under Review; Application for INS to determine the applicant’s BILLING CODE 4310±05±M Replacement Naturalization/Citizenship eligibility for a replacement of a Document. Declaration of Intention, Naturalization Certificate, Certificate of Citizenship or INTERNATIONAL TRADE The Office of Management and Budget Repatriation Certificate that was lost, COMMISSION (OMB) approval is being sought for the mutilated or destroyed, or if the information collection listed below. applicant’s name was changed by Sunshine Act Meeting This proposed information collection marriage or by court order after issuance AGENCY HOLDING THE MEETING: United was previously published by the of original document. This form may States International Trade Commission. Immigration and Naturalization Service also be used to apply for special (INS) in the Federal Register on certificate of naturalization as a U.S. TIME AND DATE: July 22, 1999 at 2:00 p.m. February 19, 1999 at 64 FR 8405, citizen to be recognized by a foreign PLACE: Room 101, 500 E Street S.W., allowing for a 60-day public review and country. Washington, DC 20436, Telephone: comment period. The INS received no (5) An estimate of the total number of (202) 205–2000. public comments. The purpose of this respondents and the amount of time STATUS: Open to the public. notice is to allow an additional 30 days estimated for an average respondent to MATTERS TO BE CONSIDERED: for public comments. Comments are respond: 22,567 responses at 55 minutes 1. Agenda for future meeting: none. encouraged and will be accepted for (0.916) per response.

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(6) An estimate of the total public (3) That increases of imports of articles like TA–W–36,287; Western Gas Resources, burden (in hours) associated with the or directly competitive with articles Inc., Giddings, TX collection: 20,671 annual burden hours. produced by the firm or appropriate TA–W–36,160; Polaroid Corp., Film If you have additional comments, subdivision have contributed importantly to Manufacturing (Integral), R1, R2, & the separations, or threat thereof, and to the suggestions, or need a copy of the absolute decline in sales or production. R3 Plants, Waltham, MA proposed information collection TA–W–35,874; Southwestern Energy instrument with instructions, or Negative Determinations for Worker Production Co., Okahoma City, OK additional information, please contact Adjustment Assistance TA–W–36,265; Ingersoll-Dresser Pump Richard A. Sloan 202–514–3291, In each of the following cases the Co., Phillipsburg, NJ Director, Policy Directives and investigation revealed that criterion (3) TA–W–36,273 & A; McCulloch North Instructions Branch, Immigration and has not been met. A survey of customers America, Inc., Die Cast & Naturalization Service, U.S. Department indicated that increased imports did not Machining Operations, Lake of Justice, Room 5307, 425 I Street, NW, contribute importantly to worker Havasu City, AZ and Corporate Washington, DC 20536. Additionally, separations at the firm. Headquarters & Distribution Center, Tucson, AZ comments and/or suggestions regarding TA–W36,274; Dupont Newport, Holly the item(s) contained in this notice, Run Plant, Newport, DE Increased imports did not contribute especially regarding the estimated TA–W–36,123; Irwin Research & importantly to worker separations at the public burden and associated response Development, Yakima, WA firm. time may also be directed to Mr. TA–W–35,724 & A, B; IRI International, TA–W–36,101; Dal-Tile Corp., Dallas Richard A. Sloan. Headquartered in Houston, TX, Plant Die Shop, Dallas, TX If additional information is required Pampa, TX and Beaumont, TX The investigation revealed that contact: Mr. Robert B. Briggs, Clearance TA–W–35,994; National Roll Co., criteria (2) has not been met. Sales or Officer, United States Department of Avonmore, PA production did not decline during the Justice, Information Management and TA–W–35,959; Bonney Forge Cop., relevant period as required for Security Staff, Justice Management Allentown, PA certification. Division, Suite 850, Washington Center, TA–W–36,098; Panoramic, Inc., TA–W–35,992; Bayer Corp., Baytown, 1001 G Street, NW, Washington, DC Janesville, WI TX 20530. TA–W–36,200; AMG Resources Corp., The investigation revealed that Dated: July 14, 1999. Pittsburgh, PA criteria (1) and criteria (2) have not been Richard A. Sloan, TA–W–36,259; Reef Chemical Co., Inc., Midland, TX met. A significant number or proportion Department Clearance Officer, United States TA–W–35,952; Parker Hannafin Corp., of the workers did not become totally or Department of Justice, Immigration and partially separated from employment as Naturalization Service. Atlas Cylinder Div., Eugene, OR TA–W–35,728; Teledyne Ryan required for certification. Sales or [FR Doc. 99–18389 Filed 7–19–99; 8:45 am] Aeronautical, Aircraft Business production did not decline during the BILLING CODE 4410±10±M Unit, San Diego, CA relevant period as required for In the following cases, the certification. investigation revealed that the criteria TA–W–36,233; ADC Solitra, Inc., DEPARTMENT OF LABOR for eligibility have not been met for the Hutchinson, MN reasons specified. Company officials made a business Employment and Training TA–W–36,218; Trans Texas Gas Corp., decision to close its Hutchinson, MN Administration Laredo, TX facility and transfer production and TA–W–36,158; Command Security, Inc., employment to another domestic Notice of Determinations Regarding Hopkinsville, KY facility. Eligibility to Apply for Worker TA–W–35,900; Item Eyes, Inc., New Affirmative Determinations for Worker Adjustment Assistance and NAFTA York, NY Adjustment Assistance Transitional Adjustment Assistance TA–W–36,084; Grant Geophysical Corp., In accordance with Section 223 of the Houston, TX The following certifications have been Trade Act of 1974, as amended, the TA–W–36,261; Avondale Mills, New issued; the date following the company Department of Labor herein presents York, NY name and location of each summaries of determinations regarding TA–W–36,115; Siemens Westinghouse, determination references the impact eligibility to apply for trade adjustment Birmingham, AL date for all workers of such TA–W–36,170; Blue Flame, Inc., d/b/a assistance for workers (TA–W) issued determination. Eagle Meter & Pump, Inc., Hobbs, during the period of June, 1999. TA–W–36,116; Smurfit-Stone Container NM In order for an affirmative Corp., Missoula, MT: April 9, 1998 TA–W–36,309; Grainger Integrated determination to be made and a TA–W–36,038; Phillips Petroleum Co., Supply, Broussard, LA certification of eligibility to apply for Odessa, TX: March 24, 1998 worker adjustment assistance to be The workers firm does not produce an TA–W–36,176; Phoenix Production Co., issued, each of the group eligibility article as require for certification under Cody, WY: April 30, 1998 requirements of Section 222 of the Act Section 222 of the Trade Act of 1974. TA–W–36,231; BASF Corp Rensselaer, must be met. TA–W–35,984; Royal Monarch, Beaver NY: April 26, 1998 Falls, PA TA–W–36,091; $ A, B, Texas Boot Co., (1) That a significant number or proportion Hartsville, TN, Carthage, TN and of the workers in the workers’ firm, or an TA–W–36,389; Safecar, Inc., San appropriate subdivision thereof, have become Angelo, TX Lebanon, TN: March 30, 1998 totally or partially separated, TA–W–35,975; Goodyear Tire and TA–W–35,245; Clariant Corp & Hoechst (2) That sales or production, or both, of the Rubber Co., Logan, OH Corp., Coventry, RI: May 10, 1998 firm or subdivision have decreased TA–W–35,825; Keystone Powered Metal TA–W–35,244; White Knight Healthcare, absolutely, and Co., St. Mary’s PA Douglas, AZ: May 7, 1998

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TA–W–36,253; Venture Petroleum Inc., TA–W–36,089; Burlington Resources Oil Implementation Act (Pub. L. 103–182) Noble, IL: April 19, 1998 and Gas Co., Mid-Continent Div., concerning transitional adjustment TA–W–35,778; The Macwhyte Co., Midland, TX: March 30, 1998 assistance hereinafter called (NAFTA– Kenosha, WI: February 18, 1998 TA–W–35,833; Vanity Fair Intimates, TAA) and in accordance with Section TA–W–36,149; Franco Manufacturing Sabta Rosa Div., Melton, FL: 250(a), Subchapter D, Chapter 2, Title II, Co., Inc, Monroe Prints Plant, February 22, 1998 of the Trade Act as amended, the Monroe, NC: April 16, 1998 TA–W–35,879; Marui International Department of Labor presents TA–W–36,193; Andin International, Products Corp., El Paso, TX: March summaries of determinations regarding Inc., New York, NY: October 30, 3, 1998 eligibility to apply for NAFTA–TAA 1998 TA–W–35,803; Outokumpu Copper, issued during the month of June, 1999. TA–W–36,111; Berendsen Fluid Power, Inc., Kenosha, WI: February 24, In order for an affirmative Rahway, NJ: April 1, 1998 1998 determination to be made and a TA–W–36,180; The Aromat Corp., San TA–W–36,012; Rhone-Poulenc AG Co., certification of eligibility to apply for Jose, CA: April 12, 1998 Ambler, PA: March 25, 1998 NAFTA–TAA the following group TA–W–36,924; Beloit Corp., Beloit, WI: TA–W–35,914; Plainville Oil Well eligibility requirements of Section 250 March 11, 1998 Service, Plainville, KS: February 8, of the Trade Act must be met: TA–W–36,006; Ansewn Shoe Co., 1998 Bangor, ME: March 19, 1999 TA–W–35,972; M. Wile & Co, d/b/a (1) That a significant number or proportion TA–W–36,028; Black Hills Trucking, Intercontinental Branded Apparel, of the workers in the workers’ firm, or an Williston, ND: January 27, 1998 appropriate subdivision thereof, (including Whiteville, NC: April 16, 1998 workers in any agricultural firm or TA–W–36,163; L.A. Roustabout, Inc., TA–W–36,210; Flying J. Oil & Gas, Inc., Kermit, TX: April 14, 1998 appropriate subdivision thereof) have Williston, ND & Operating at The become totally or partially separated from TA–W–35,838; Equistar Chemicals L.P., Following Locations: A; Dickinson, employment and either— Port Arthur, TX: February 14, 1998 ND, B; Douglas, WY, C; Casper, WY, (2) That sales or production, or both, of TA–W–36,896; Electroalloys Corp., D; Sidney, MT, E; Roosevelt, UT such firm or subdivision have decreased Elyria, OH: March 12, 1998 and F; Vernal, UT: April 8, 1998 absolutely, TA–W–36,139; Russell Corp, Lafayette, TA–W–36,071; Bordo Knitting Mills, (3) That imports from Mexico or Canada of AL: April 21, 1998 Union City, NJ: March 29, 1998 articles like or directly competitive with TA–W–36,705; Kelly Springfield Tire TA–W–36,018 & A; Gloria Gay Coats, articles produced by such firm or subdivision have increased, and that the increases Co., Freeport, IL: February 11, 1998 Inc., New York, NY and HMC TA–W–36,988; Mitsubishi International imports contributed importantly to such Fashion Coats, Inc., Brooklyn, NY: Corp., Durham, NC: March 5, 1998 workers’ separations or threat of separation March 30, 1998 TA–W–36,205; Dante Fashions, and to the decline in sales or production of TA–W–36,064; Equitable Bag Co., Inc., Jeannette, PA: April 26, 1998 such firm or subdivision; or Orange, TX: March 31, 1998 TA–W–36,254; Riggs Petroleum Co., (4) That there has been a shift in TA–W–36,248 & A, B & C; Levi Strauss production by such workers’ firm or Graham, TX: April 27, 1998 & Co., Morrilton Sewing Facility, subdivision to Mexico or Canada of articles TA–W–36,220 & A, B; Forcenergy, Inc., Morrilton, AR, Little Rock, like or directly competitive with articles Anchorage, AK, McCook, NB and Transportation Dept, Little Rock, which are produced by the firm or Metairie, LA: April 1, 1998 subdivision. TA–W–36,217; Fairweather E & P, Inc., AR, Murphy Sewing Facility, Anchorage, AK: April 6, 1998 Murphy, NC and Charlotte, Negative Determinations NAFTA–TAA Transportation Dept, Charlotte, NC: TA–W–36,593; The Rival Co., In each of the following cases the May 10, 1998 Fayetteville, NC: January 18, 1998 investigation revealed that criteria (3) TA–W–36,196; Biological Abstracts, TA–W–36,303; Monde Knitwear Limited, Middle Village, NY: May 18, 1998 and (4) were not met. Imports from d/b/a Boisis, Data Capture Section Canada or Mexico did not contribute of The Database Production Dept, TA–W–36,215; Circle C Tool and Wireline Co., Snyder, TX: April 14, importantly to workers’ separations. Philadelphia, PA: April 25, 1998 There was no shift in production from TA–W–36,120; D & A Industries, Inc., El 1998 TA–W–36,319; Unger Fabric, Los the subject firm to Canada or Mexico Paso, TX: March 1, 1998 during the relevant period. TA–W–35,983; Good Lad Co., Angeles, CA: May 3, 1998 Philadelphia, PA: March 19, 1998 TA–W–36,300; Titanium Metals Corp. NAFTA–TAA–03164; Rich Bar TA–W–36,250; ASCG Inspection, Inc., (TIMET), Henderson, NV: May 18, Processing, Inc., Bethlehem, PA Anchorage, AK: April 9, 1998 1998 NAFTA–TAA–03238; Columbus Energy TA–W–36,184 & A; LM & Sons, Inc., TA–W–36,345 & A; Thomas & Bets Corp., Sidney, MT Vineland, NJ and Marcyn, Inc., Corp. Including Leased Workers of NAFTA–TAA–03119; Willow Creek Vineland, NJ: April 22, 1998 Manpower, Inc., Vidalia, GA, Apparel, Inc., Jonesville, NC TA–W–36,297; Woolrich, Inc., Soperton Including Leased Workers of NAFTA–TAA–03041; Parker Hannifin Facility, Soperton, GA: May 21, Manpower, Inc., Lyons, GA: May 22, Corp., Atlas Cylinder Div., Eugene, 1998 1998 OR TA–W–36,181; Lighthouse Electric, Ltd, TA–W–36,364; SWACO/Drilling Fluids, NAFTA–TAA–03086; JPS Converter and Middlesex, NC: April 23, 1998 Div. of M–I L.L.C., Headquartered in Industrial Corp., A Subsidiary of TA–W–36,095; Ford Microelectronics, Houston, TX & Operating in The JPS Textile, Inc., Rocky Mount, VA Inc., Including Adecco Employment Following States: A; TX, B; AK, C; NAFTA–TAA–02979; Marui Service, Olsten Staffing Service, CA, D; CO, E; LA, F; OK: March 24, International Products Corp., El Volt Services Group, Superior 1998 Paso, TX Technical Resources, Kelly Services, TA–W–36,213; Veritas Geoservices, A NAFTA–TAA–03182; Baroid Drilling Colorado Springs, CO: March 26, Subsidiary of DGC Land, Inc., Fluids, A Halliburton Co., Potosi, 1998 Dallas, TX: April 12, 1998 MO TA–W–36,105; Streamline Cutting, Inc., Also, pursuant to Title V of the North NAFTA–TAA–03114; ADC Solitra, Inc., New York, NY: April 8, 1998 American Free Trade Agreement Hutchinson, MN

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NAFTA–TAA–03127; Polaroid Corp., NAFTA–TAA–03197; Royce Hosiery issued during the month of June, 1999. Film Manufacturing (Integral), R1, Mills, Inc., Conover, NC: May 14, Copies of these determinations are R2 & R3 Plants, Waltham, MA 1998 available for inspection in Room C– NAFTA–TAA–03017; Bonney Forge NAFTA–TAA–03191; Medtronic, Inc., 4318, U.S. Department of Labor, 200 Corp., Allentown, PA Parker, CO: May 19, 1998 Constitution Avenue, NW, Washington, NAFTA–TAA–03076; Stonecutter NAFTA–TAA–03188; Philips Electronics DC 20210 during normal business hours Textiles, Inc., Spindale, NC North America Corp., Philips or will be mailed to persons who write NAFTA–TAA–03093; Thomson Crown Components Div., Departments 133, to the above address. Wood Products, Mocksville, NC 134, 136, 400, 630, 420, 240, 261 Dated: July 13, 1999. NAFTA–TAA–03222; Modern Machine and 266, Saugerties, NY: May 19, Grant D. Beale, Works, Inc., Cudahy, WI 1998 Program Manager, Office of Trade NAFTA–TAA–03020; Beloit Corp., NAFTA–TAA–03161 & A, B, C; Levi Adjustment Assistance. Beloit, WI Strauss & Company, Morrilton [FR Doc. 99–18421 Filed 7–19–99; 8:45 am] NAFTA–TAA–03225; Crown Cork and Sewing Facility, Morrilton, AR, Seal Co., Inc., Omaha, NE Little Rock Transportation BILLING CODE 4510±30±M NAFTA–TAA–03091; Harvard Department, Little Rock, AR, Industries, Trim Trends, Div., Murphy Sewing Facility, Murphy, DEPARTMENT OF LABOR Snover Stamping Co., Snover, MI NC and Charlotte Transportation NAFTA–TAA–02960; Keystone Department, Charlotte, NC: May 10, Employment and Training Powdered Metal Co., St. Mary’s, PA 1998 Administration NAFTA–TAA–03107; Dal-Tile Corp., NAFTA–TAA–03221; National Wood Dallas Plant Die Shop, Dallas, TX Products, Glasgow, KY: May 26, [TA±W±36,321] NAFTA–TAA–03166; Reef Chemical 1998 Blanch, Div. of Warnaco, New York, Co., Inc., Midland, TX NAFTA–TAA–03242; Woolrich, Inc., New York; Notice of Termination of NAFTA–TAA–03149; Lighthouse Soperton Facility, Soperton, GA: Investigation Electric, Ltd, Middlesex, NC June 8, 1998 The investigation revealed that the NAFTA–TAA–03232; May Tag & Label Pursuant to Section 221 of the Trade criteria for eligibility have not been met Corp., Div. Of ACCO Brands, Act of 1974, an investigation was for the reasons specified. Including Leased Workers of initiated on June 1, 1999 in response to Agency Solution Staffing Services, a worker petition which was filed on NAFTA–TAA–03270; Televisa Hillside, NJ: May 13, 1998 June 1, 1999 on behalf of workers at International, L.L.C. NAFTA–TAA–03218; Jantzen, Inc. Blanch, a division of Warnaco, located The investigation revealed that the Portland, OR: June 2, 1998 in New York, New York. workers of the subject firm did not NAFTA–TAA–03255; Medtronics, Inc., An active certification covering the produce an article within the meaning & Temporary Employees from petitioning group of workers remains in of Section 250(a) of the Trade Act, as Norrell Temporary Services, effect (TA–W–35,700). Consequently, amended. Anaheim, CA: May 26, 1998 further investigation in this case would Affirmative Determinations NAFTA– NAFTA–TAA–03173; Mitel, Inc., serve no purpose, and the investigation TAA Manufacturing Div., Ogdensburg, has been terminated. NY: May 6, 1998 NAFTA–TAA–03266; Pilkington Libbey- Signed in Washington, DC this 11th day of NAFTA–TAA–03102; D & A Industries, June, 1999. Owens-Ford, a/k/a Libby Owens Inc., El Paso, TX: April 1, 1998 Grant D. Beale, Ford, Sherman, TX: June 3, 1998 NAFTA–TAA–03106; General Electric NAFTA–TAA–03250; Rockwell Acting Director, Office of Trade Adjustment Co., Power Management Div., Assistance. Automation Power Systems, Dodge Malvern, PA: April 12, 1998 [FR Doc. 99–18418 Filed 7–19–99; 8:45 am] Mechanical Group, Mishawaka, IN: NAFTA–TAA–03175; White Knight June 7, 1998 Healthcare, Douglas, AZ: May 13, BILLING CODE 4510±30±M NAFTA–TAA–03246; Salant Corp., 1998 Manhattan Accessories, Long Island NAFTA–TAA–03027; M. Wile and DEPARTMENT OF LABOR City, NY: June 9, 1998 Company, d/b/a/ Intercontinental NAFTA–TAA–03170; C & D Branded Apparel, Whiteville, NC: Employment and Training Technologies, Inc., Costa Mesa, CA: March 22, 1998 Administration May 4, 1998 NAFTA–TAA–03051; Ansewn Shoe Co., NAFTA–TAA–03184; McCulloch North Bangor, ME: April 1, 1998 [TA±W±36,401; TA±W±36,401A and TA±W± America, Inc., Corporate NAFTA–TAA–03028; The Aromat Corp., 36,401B] Headquarters and Distribution San Jose, CA: April 12, 1998 Coeur Rochester, Inc., Lovelock, Center, Tucson, AZ: May 24, 1998 NAFTA–TAA–03187; Master Lock Co., Nevada; Klondike Mine, Austin, NAFTA–TAA–03212; Crouzet Corp., Milwaukee, WI: May 4, 1998 Nevada and Meridian Gold, Reno, NAFTA–TAA–03004; The Macwhyte Carrollton, TX: November 8, 1998 Nevada: Notice of Termination of Company, Kenosha, WI: February NAFTA–TAA–03151; Homemaker Investigation Industries, Inc., North Charleston, 18, 1998 SC: May 4, 1998 NAFTA–TAA–03206; Federal-Mogul, Pursuant to Section 221 of the Trade NAFTA–TAA–03251; Dyersburg Corp., Friction Products and World-Wide Act of 1974, an investigation was Alamac Knit Fabrics, Hamilton, NC: Aftermarket Distribution, Manila, initiated on June 14, 1999 in response June 2, 1998 AR: May 14, 1998 to a worker petition which was filed on NAFTA–TAA–03198; General Motors NAFTA–TAA–03034; Mishy Sportswear, behalf of workers at Coeur Rochester, Corp., Delco Defense Systems Opa Locka, FL: March 24, 1998 Lovelock, Nevada, Klondike Mine, Operation (DDSO), Goleta, CA: I hereby certify that the Austin, and Meridian Gold, Reno, March 19, 1999 aforementioned determinations were Nevada.

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The petition was filed by one worker DEPARTMENT OF LABOR DEPARTMENT OF LABOR who was not a company official. By law the petition must be filed by three Employment and Training Employment and Training workers, a company official, or a union Administration Administration official. The petitioner was a part-time temporary worker and thus, not eligible [TA±W±36,394] [TA±W±35, 643] to file on behalf of himself. Lambda Electronics, Inc., McAllen, Peak Oilfield Service Company Further, the worker was separated Texas; Notice of Termination of Anchorage, AK; Dismissal of from the subject firm more than one Investigation Application for Reconsideration year prior to the date of the petition. Section 223 of the Act specifies that no Pursuant to 29 CFR 90.18(C) an Pursuant to Section 221 of the Trade certification may apply to any worker application for administrative Act of 1974, as amended, an whose last separation occurred more reconsideration was filed with the investigation was initiated on June 14, than one year before the date of the Director of the Office of Trade 1999, in response to a petition filed on petition. Consequently, further Adjustment Assistance for workers at behalf of workers at Lambda Electronics, investigation in this case would serve the Peak Oilfield Service Company, Inc., McAllen, Texas. no purpose, and the investigation has Anchorage, Alaska. The application been terminated. On June 14, 1999, the petitioner contained no new substantial formally requested that the petition be information which would bear Signed in Washington, DC this 14th day of withdrawn. Consequently, further importantly on the Department’s June, 1999. investigation in this case would service determination. Therefore, dismissal of Grant D. Beale, no purpose, and the investigation has the application was issued. Acting Director, Office of Trade Adjustment been terminated. TA–W–35,643; Peak Oilfield Service Assistance. Signed in Washington, DC this 14th day of Company, Anchorage, Alaska (July [FR Doc. 99–18419 Filed 7–19–99; 8:45 am] June, 1999. 8, 1999) BILLING CODE 4510±30±M Grant D. Beale, Signed at Washington, DC this 9th day of Acting Director, Office of Trade Adjustment July, 1999. DEPARTMENT OF LABOR Assistance. Grant D. Beale, [FR Doc. 99–18417 Filed 7–19–99; 8:45 am] Program Manager, Office of Trade Adjustment Assistance. Employment and Training BILLING CODE 4510±30±M Administration [FR Doc. 99–18423 Filed 7–19–99; 8:45 am] BILLING CODE 4510±30±M [TA±W±36, 410] DEPARTMENT OF LABOR DEPARTMENT OF LABOR Grey Wolf, Incorporated Alice, Texas; Employment and Training Administration Notice of Termination of Investigation Employment and Training Administration Pursuant to Section 221 of the Trade [TA±W±36,130] Act of 1974, an investigation was [TA±W±36, 172] initiated on June 14, 1999 in response Lee Textile, Incorporated, Ewing, to a worker petition which was filed on Virginia; Notice of Termination of Pennant Etc., Incorporated, Long behalf of workers at Grey Wolf, Investigation Island City, New York; Notice of Incorporated, Alice Texas. Termination of Investigation Pursuant to Section 221 of the Trade One of the three petitioners were Act of 1974, an investigation was separated from the subject firm more Pursuant to Section 221 of the Trade initiated on May 3, 1999 in response to Act of 1974, an investigation was than a year prior to the date of the a worker petition which was filed on initiated on May 10, 1999 in response to petition (May 22, 1999). Section behalf of all workers at Lee Textile, a worker petition which was filed by 223(b)(1) of the Trade Act of 1974 Incorporated, located in Ewing, Virginia U.N.I.T.E., Local Shop No. 102, on specifies that no certification may apply (TA–W–36,130). behalf of former workers at Pennant to any worker whose last separation The petitioner has requested that the Etc., Incorporated, located in Long occurred more than a year before the Island City, New York (TA–W–36, 172). date of the petition. petition be withdrawn. Consequently, further investigation in this case would The Department of Labor has been Consequently, further investigation in serve no purpose, and the investigation unable to locate an official of the this case would serve no purpose, and has been terminated. company to provide the information the investigation has been terminated. necessary to render a trade adjustment Signed at Washington, DC this 30th day of assistance determination. Signed at Washington, D.C. this 8th day of June, 1999. July, 1999. Consequently, the Department of Linda Poole, Grant D. Beale, Labor cannot conduct an investigation Program Manager, Office of Trade to make a determination as to whether Program Manager, Office of Trade Adjustment Assistance. the workers are eligible for adjustment Adjustment Assistance. [FR Doc. 99–18416 Filed 7–19–99; 8:45 am] assistance benefits under the Trade Act [FR Doc. 99–18425 Filed 7–19–99; 8:45 am] BILLING CODE 4510±30±M of 1974. Therefore, further investigation BILLING CODE 4510±30±M in this matter would serve no purpose, and the investigation has been terminated.

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Signed at Washington, D.C. this 14th day investigation for workers and former Signed at Washington, DC this 8th day of of July, 1999. workers of the subject firm. July, 1999. Grant D. Beale, The initial investigation resulted in a Grant D. Beale, Program Manager, Office of Trade negative determination issued on Program Manager, Office of Trade Adjustment Assistance. February 8, 1999, because workers of Adjustment Assistance. [FR Doc. 99–18424 Filed 7–19–99; 8:45 am] International Paper Corporation, [FR Doc. 99–18415 Filed 7–19–99; 8:45 am] BILLING CODE 4510±30±M Containerboard Division in Gardiner, BILLING CODE 4510±30±M Oregon did not import linerboard from sources located in Canada or Mexico, DEPARTMENT OF LABOR nor was there a shift of production to DEPARTMENT OF LABOR Employment and Training Canada or Mexico. Furthermore, a Administration survey of the subject firm’s customers Employment and Training revealed that none of the customers Administration [TA±W±35,685] increased reliance on import purchases of linerboard from Canada or Mexico Investigations Regarding Certifications The Worcester Company, New York, during the relevant periods. The denial of Eligibility to Apply for NAFTA NY; Dismissal of Application for notice was published in the Federal Transitional Adjustment Assistance Reconsideration Register on February 25, 1999 (64 FR Pursuant to 29 CFR 90.18(C) an 9355). Petitions for transitional adjustment application for administrative New information obtained during a assistance under the North American reconsideration was filed with the TAA petition investigation on Free Trade Agreement-Transitional Director of the Office of Trade reconsideration (TA–W–35,322) for the Adjustment Assistance Implementation Adjustment Assistance for workers at workers of the subject firm included Act (Pub. L. 103–182), hereinafter called The Worcester Company, New York, additional customer survey conducted (NAFTA–TAA), have been filed with New York. The application contained by the Department for the time period State Governors under Section 250(b)(1) no new substantial information which relevant to the investigation. The survey of Subchapter D, Chapter 2, Title II, of would bear importantly on the results show that a major declining the Trade Act of 1974, as amended, are Department’s determination. Therefore, customer of the subject firm increased identified in the Appendix to this dismissal of the application was issued. import purchases of linerboard from Notice. Upon notice from a Governor TA–W–35,685; The Worcester Company, Mexico and Canada while decreasing that a NAFTA–TAA petition has been New York, New York (July 8, 1999) purchases from the subject firm from received, the Director of the Office of Signed at Washington, D.C. this 9th day of 1997 to 1998. Trade Adjustment Assistance (OTAA), July, 1999. Conclusion Employment and Training Grant D. Beale, Administration (ETA), Department of Program Manager, Office of Trade After careful consideration of the new Labor (DOL), announces the filing of the Adjustment Assistance. facts obtained on reopening, it is petition and takes action pursuant to [FR Doc. 99–18422 Filed 7–19–99; 8:45 am] concluded that increased imports of paragraphs (c) and (e) of Section 250 of BILLING CODE 4510±30±M articles from Mexico or Canada, like or the Trade Act. directly competitive with linerboard produced by the subject firm, The purpose of the Governor’s actions and the Labor Department’s DEPARTMENT OF LABOR contributed importantly to the decline in sales and to the total or partial investigations are to determine whether Employment and Training separation of workers of the subject the workers separated from employment Administration firm. In accordance with the provisions on or after December 8, 1993 (date of of the Trade Act of 1974, I make the enactment of Pub. L. 103–182) are [NAFTA±2760] following revised determination: eligible to apply for NAFTA–TAA under Subchapter D of the Trade Act because International Paper Corporation, ‘‘All workers of International Paper Containerboard Division, Gardiner, Corporation, Containerbord Division, of increased imports from or the shift in Oregon; Notice of Revised Gardiner, Oregon, who became totally or production to Mexico or Canada. Determination on Reopening partially separated from employment on or after November 24, 1997, are eligible to apply On July 7, 1999, the Department, on for NAFTA–TAA under Section 250 of the its own motion, reopened its Trade Act of 1974.’’

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The petitioners or any other persons Also, interested persons are invited to C–4318, 200 Constitution Avenue, NW showing a substantial interest in the submit written comments regarding the Washington, DC 20210. subject matter of the investigations may subject matter of the petitions to the Signed at Washington, DC this 8th day of request a public hearing with the Director of OTAA at the address shown July, 1999. Director of OTAA at the U.S. below not later than July 30, 1999. Department of Labor (DOL) in Grant D. Beale, Washington, DC provided such request Petitions filed with the Governors are Program Manager, Office of Trade if filed in writing with the Director of available for inspection at the Office of Adjustment Assistance. OTAA not later than July 30, 1999. the Director, OTAA, ETA, DOL, Room

APPENDIX

Date re- ceived at Subject firm Location Governor's Petition No. Articles produced office

Procter and Gamble (Co.) ...... Greenville, NC ...... 6/10/1999 NAFTA±3,247 Feminine hygiene supplies. Brady T-Shirt (Co.) ...... East Brady, PA ...... 6/8/1999 NAFTA±3,248 T-shirts and sportswear tops. Lee County Textiles (Wkrs) ...... Giddings, TX ...... 6/9/1999 NAFTA±3,249 Printed baby bids and childrenswear. Rockwell Automation Power Systems Mishawaka, IN ...... 6/7/1999 NAFTA±3,250 Cast iron sheaves. (USWA). Dyersburg (Co.) ...... Hamilton, NC ...... 6/8/1999 NAFTA±3,251 Knit fabrics. OvalstrappingÐStrapping & Wire Machine Hoquiam, WA ...... 6/9/1999 NAFTA±3,252 Wire machines. (Wkrs). Wales Fabrics (Co.) ...... Gastonia, NC ...... 6/10/1999 NAFTA±3,253 Fabric. Damascus Steel Casting (Wkrs) ...... New Brighton, PA .... 6/11/1999 NAFTA±3,254 Crusing equipment and tubular tooling. Medtronic (Co.) ...... Anaheim, CA ...... 6/7/1999 NAFTA±3,255 Medical devices. Trim Master (Co.) ...... Ontario, CA ...... 6/7/1999 NAFTA±3,256 Flat, molded and graphic wood. Skinner Engine (UAW) ...... Erie, PA ...... 6/7/1999 NAFTA±3,257 Intensive mixers and spare parts. Vesuvius USA (IAMA) ...... Zelienople, PA ...... 6/15/1999 NAFTA±3,258 Slide gate refractories. Unitog (UFCW) ...... Concordia, MO ...... 6/7/1999 NAFTA±3,259 Rental uniform, denim jeans. Parker HannifinÐParflex (Wkrs) ...... Mooresville, NC ...... 6/15/1999 NAFTA±3,260 Pneumatic fittings. Miller Group (The) (Co.) ...... Schuylkill Haven, PA 6/17/1999 NAFTA±3,261 T-shirts and sweatshirts. Techneglas (GMP) ...... Pittston, PA ...... 6/16/1999 NAFTA±3,262 Glass for television screens. Smurfit Stone (PACE) ...... Fulton, NY ...... 6/18/1999 NAFTA±3,263 Corrugated packaging, boxes, paper rolls. Maine Rubber International (Co.) ...... Scarborough, ME ..... 6/18/1999 NAFTA±3,264 Base bands. Georgia Pacific (AWPPW) ...... Bellingham, WA ...... 6/17/1999 NAFTA±3,265 Chlorine and related by products. Pilkington Libbey Owens Ford (Wkrs) ...... Sherman, TX ...... 6/15/1999 NAFTA±3,266 Automotive windshields. Thomson Precision Ball (Co.) ...... Unionville, CT ...... 6/17/1999 NAFTA±3,267 Precision balls. Roxobel Curtain Company (Co.) ...... Roxobel, NC ...... 6/21/1999 NAFTA±3,268 Curtains. International Paper Decorative Products Spring Hope, NC ..... 6/17/1999 NAFTA±3,269 Fiberboard. (Wkrs). Televisa International (Wkrs) ...... Miami, FL ...... 6/1/1999 NAFTA±3,270 Administration. Ashmore Sportswear (Co.) ...... Leola, PA ...... 6/23/1999 NAFTA±3,271 T-shirts. Sensus Tech (USWA) ...... Uniontown, PA ...... 6/23/1999 NAFTA±3,272 Water meters and registers. Stuffed Shirt (Wkrs) ...... New York, NY ...... 6/28/1999 NAFTA±3,273 Women's clothing. Acme United (Wkrs) ...... Goldsboro, NC ...... 6/24/1999 NAFTA±3,274 Scissors and medical instruments. Cutler Hammer SensorsÐEaton (Co.) ...... Everett, WA ...... 6/28/1999 NAFTA±3,275 Photo electric sensors. Bon Worth (Co.) ...... Victoria, VA ...... 7/1/1999 NAFTA±3,276 Ladies apparel. Cajun Bag and Supply (Wkrs) ...... Evans, GA ...... 7/2/1999 NAFTA±3,277 Bulk containers. Albany InternationalÐAppleton Wire (Co.) Weaverville, NC ...... 6/29/1999 NAFTA±3,278 Fabrics. Thomaston Mills (Co.) ...... Thomaston, GA ...... 7/2/1999 NAFTA±3,279 Denim, industrial and recreational fabrics. Caterpillar Work Tools (Wkrs) ...... Dallas, OR ...... 6/30/1999 NAFTA±3,280 Pallet forks, couplers, landfill blades.

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APPENDIXÐContinued

Date re- ceived at Subject firm Location Governor's Petition No. Articles produced office

Willamette Industries (Wkrs) ...... Woodburn, OR ...... 6/30/1999 NAFTA±3,281 Wood I beams for floors. Hewlett Packard (Co.) ...... Roseville, CA ...... 5/27/1999 NAFTA±3,282 Personal computer. International Business Machines (Wkrs) .... San Jose, CA ...... 6/24/1999 NAFTA±3,283 Hard disk drives and tape products. United Technologies (SMWIA) ...... Syracuse, NY ...... 6/30/1999 NAFTA±3,284 Building size air conditioner. Maid BessÐFairfield Apparel (Co.) ...... Fairfield, VA ...... 6/29/1999 NAFTA±3,285 Men and women's medical uniforms. ALBITI Consolidated (AWPPW) ...... Lakwood, WA ...... 6/29/1999 NAFTA±3,286 Paper from wood chips. Baver Nike Hockey U.S.A. (Co.) ...... Greenland, NH ...... 6/25/1999 NAFTA±3,287 Hockey equipment, skates, elbow pads. Martin County Residential Services (Co.) .. Williamston, NC ...... 6/29/1999 NAFTA±3,288 Collars and welts for knit shirts. Triple S Plastics (Co.) ...... Tucson, AZ ...... 6/30/1999 NAFTA±3,289 Plastics parts. First Reserve Oil and Gas (Wkrs) ...... Houston, TX ...... 6/29/1999 NAFTA±3,290 Oil and gas. Eagle Ottawa (GMP) ...... Milwaukee, WI ...... 7/6/1999 NAFTA±3,291 Finished leather.

[FR Doc. 99–18420 Filed 7–19–99; 8:45 am] of Technical Programs and Coordination transferred all of its NRTL facilities to BILLING CODE 4510±30±M Activities, NRTL Program, Occupational CSA. Safety and Health Administration, U.S. CSA’s previous application as an Department of Labor, 200 Constitution NRTL covered its expansion of DEPARTMENT OF LABOR Avenue, NW, Room N3653, recognition for additional programs (60 Washington, DC 20210. Occupational Safety and Health FR 36763, July 12, 1996), which OSHA FOR FURTHER INFORMATION CONTACT: granted on November 20, 1996 (61 FR Administration Bernard Pasquet, Office of Technical 59110). [Docket No. NRTL±2±92] Programs and Coordination Activities, NRTL Program, at the above address, or The current addresses of the testing Canadian Standards Association, phone (202) 693–2110. facilities (sites) ** that OSHA recognizes Application for Expansion of SUPPLEMENTARY INFORMATION: for CSA are: Recognition; American Gas Notice of Application Canadian Standards Association, Etobicoke Association, Voluntary Termination of (Toronto), 178 Rexdale Boulevard, Recognition The Occupational Safety and Health Etobicoke, Ontario, M9W 1R3 Administration (OSHA) hereby gives CSA International, Pointe-Claire (Montreal), AGENCY: Occupational Safety and Health notice that the Canadian Standards 865 Ellingham Street, Point-Clair, Administration (OSHA), Labor. Association (CSA) has applied for Quebec H9R 5E8 ACTION: Notice. expansion of its current recognition as CSA International, Richmond (Vancouver), a Nationally Recognized Testing 13799 Commerce Parkway, Richmond, SUMMARY: This notice announces the Laboratory (NRTL). CSA’s expansion British Columbia V6V 2N9 application of Canadian Standards request covers the use of an additional CSA International, Edmonton, 1707–94th Association (CSA) for expansion of its test standard. OSHA recognizes an Street, Edmonton, Alberta T6N 1E6 recognition as a Nationally Recognized organization as an NRTL, and processes CSA International, Cleveland, 8501 East Testing Laboratory (NRTL) under 29 Pleasant Valley Road, Cleveland, Ohio applications related to such 44131 (formerly part of the American CFR 1910.7, and presents the Agency’s recognitions, following requirements in preliminary finding. This preliminary Gas Association) § 1910.7 of Title 29, Code of Federal CSA International, Irvine, 2805 Barranca finding does not constitute an interim or Regulations (29 CFR 1910.7). Appendix temporary approval of this application. Parkway, Irving, California 92606 A to this section requires that OSHA (formerly part of the American Gas This notice also includes certain other publish this public notice of the Association) changes requested by CSA for its preliminary finding on an application. General Background on the Application recognition as an NRTL. In addition, CSA has also informed OSHA of this notice includes the voluntary several changes to its operations that termination of recognition of the CSA has submitted a request, dated impact its recognition as an NRTL. The December 23, 1998 (see Exhibit 22A), to American Gas Association. NRTL Program staff have reviewed these DATES: Comments submitted by changes, which are detailed below, and interested parties must be received no will formally show them in OSHA’s later than September 20, 1999. Only records on the CSA recognition. submit comments on the application for In this notice, OSHA also includes the expansion. voluntary termination of recognition of ** Note: As mentioned below, OSHA is deleting ADDRESSES: Send comments concerning the American Gas Association (AGA). the sites located in Moncton and Winnipeg that it the application for expansion to: Office As discussed below, AGA has had recognized for CSA.

VerDate 18-JUN-99 19:18 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm11 PsN: 20JYN1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices 38927 expand its recognition as an NRTL to and in Winnipeg, Manitoba, for its use the additional test standard. include one (1) additional test standard, NRTL operations. OSHA recognized However, CSA must use a site to and provided some additional CSA for these two sites on August 9, perform testing and certifications only information relative to its request on 1994 (see 59 FR 40602). to the test standards for which the site January 5, 1999 (see Exhibit 22B). CSA Regarding the changes related to has the proper capability and programs. seeks recognition for testing and AGA, CSA acquired two testing sites The staff therefore recommended to the certification of products to demonstrate that were a part of AGA when OSHA Assistant Secretary that the application compliance to the following test recognized it as an NRTL (see 55 FR be preliminarily approved. standard: UL 6500 Audio/Visual and 23312, June 7, 1990). As part of the Based upon the recommendation of Musical Instrument Apparatus for acquisition, CSA also gained exclusive, the staff, the Assistant Secretary has Household, Commercial, and Similar but time-limited, use of the AGA ‘‘blue made a preliminary finding that the General Use. The designation and title star’’ mark. In recognizing AGA’s Canadian Standards Association of the test standard was current at the facilities for CSA, OSHA recognizes that facilities listed above can meet the time of the preparation of this notice, the scope of recognition that now exists recognition requirements, as prescribed and OSHA has determined the standard for the AGA sites will be integrated into by 29 CFR 1910.7, for the expansion of is appropriate, as prescribed by 29 CFR the scope of recognition for CSA. This recognition. This preliminary finding 1910.7(c). OSHA recognition of any means the Agency will just list the does not constitute an interim or NRTL for a particular test standard is former AGA sites under the CSA temporary approval of the application. limited to products for which OSHA recognition, as if these sites had been OSHA welcomes public comments, in safety standards (generally found in 29 recognized for CSA, and will not sufficient detail, as to whether CSA has CFR part 1910) require third party separately identify the test standards met the requirements of 29 CFR 1910.7 testing and certification before use in that OSHA had recognized for those for expansion of its recognition as a the workplace. sites. This treatment is consistent with Nationally Recognized Testing In letters dated March 5, 1999 (see the recognition that OSHA has granted Laboratory. Your comment should Exhibit 22C), CSA has also informed to other NRTLs that operate multiple consist of pertinent written documents OSHA regarding the following changes sites. For these NRTLs, OSHA generally and exhibits. To consider it, OSHA must in its operations that affect its recognizes the NRTL for the test receive the comment at the address recognition as an NRTL: (1) It is also standards for which it is qualified, and provided above (see ADDRESS), no later known as CSA International; (2) the the NRTL may then use a site to perform than the last date for comments (see markings for its NRTL activities will product testing and certifications only DATES above). You may obtain or review include the initials ‘‘US’’ in place of the to the test standards for which the site copies of CSA’s requests, the memo on initials ‘‘NRTL’’; (3) it no longer has the proper capability and programs. the recommendation, and all submitted operates two Canadian sites formerly OSHA does not limit recognition of a comments, as received, by contacting recognized by OSHA; (4) it has acquired site to particular test standards unless the Docket Office, Room N2625, two NRTL sites that OSHA formerly specific limitations are warranted. Occupational Safety and Health recognized for the American Gas Administration, U.S. Department of Association (AGA); and (5) it has time- Notice of Voluntary Termination Labor, at the above address. You should limited use of AGA’s ‘‘blue star’’ marks In transferring all of its NRTL refer to Docket No. NRTL–2–92, the for its NRTL certification activities. CSA facilities and mark to CSA, AGA has in permanent record of public information has requested that OSHA amend its effect provided OSHA notice of its on CSA’s recognition. records to reflect the above changes. The voluntary termination of its recognition. The NRTL Program staff will review NRTL Program staff has already Under section II.D of Appendix A to 29 all timely comments, and after indicated to CSA that it does not object CFR 1910.7, OSHA must ‘‘inform the resolution of issues raised by these to these changes, which the Agency will public of any voluntary termination by comments, will recommend whether to formally reflect in its records. OSHA has Federal Register notice.’’ For grant CSA’s expansion request. The no requirement to give public notice of convenience, the Agency is complying Assistant Secretary will make the final such changes, but it is doing so because with this provision in conjunction with decision on granting the expansion and, some of the changes relate to this notice on its preliminary finding on in making this decision, may undertake information that the Agency has made the CSA expansion request. other proceedings that are prescribed in public in previous notices regarding Appendix A to 29 CFR 1910.7. OSHA Preliminary Finding on the Application CSA’s and AGA’s recognitions. We give will publish a public notice of this final some details on these changes below but CSA has submitted an acceptable decision in the Federal Register. will not repeat these details in the request for expansion of its recognition Signed at Washington, DC, this 8th day of notice of our final decision on the as an NRTL. In connection with this July, 1999. expansion request. request, OSHA did not perform an on- Charles N. Jeffress, Regarding the change of initials, when site review of CSA’s NRTL testing Assistant Secretary. OSHA recognized CSA as an NRTL (see facilities. However, NRTL Program [FR Doc. 99–18382 Filed 7–19–99; 8:45 am] 57 FR 61452, December 24, 1992), it assessment staff reviewed information imposed a condition on CSA to use the pertinent to the request and, in a memo BILLING CODE 4510±26±P ‘‘NRTL’’ initials in the product markings dated February 10, 1999 (see Exhibit that it authorized in its capacity as an 23), recommended that CSA’s NRTL. However, the NRTL Program recognition be expanded to include the NATIONAL ARCHIVES AND RECORDS staff believes there currently are no additional test standard listed above. ADMINISTRATION compelling reasons to continue this Following a review of the application Agency Information Collection condition. CSA’s use of the ‘‘US’’ file, the assessor’s recommendation, and Activities: Proposed Collection; initials is consistent with the markings other pertinent documents, the NRTL Comment Request of other NRTLs. Regarding the Canadian Program staff has concluded that OSHA sites, CSA has stated it no longer uses can grant, to the CSA facilities listed AGENCY: National Archives and Records the sites in Moncton, New Brunswick, above, the expansion of recognition to Administration (NARA).

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ACTION: Notice. OMB number: 3095–New. release to a third party of a restricted Agency form number: NA Forms type of information found in the desired SUMMARY: NARA is giving public notice 13036, 13042, 13055, and 13075. record. that the agency proposes to request Type of review: Regular. approval of an information collection Affected public: Veterans, their Dated: July 14, 1999. currently in use without an OMB authorized representatives, state and L. Reynolds Cahoon, Control Number when veterans, local governments, and businesses. Assistant Archivist for Human Resources and dependents, and other authorized Estimated number of respondents: Information Services. individuals request information from or 79,800. [FR Doc. 99–18442 Filed 7–19–99; 8:45 am] copies of documents in military Estimated time per response: 5 BILLING CODE 7515±01±P personnel, military medical, and minutes. dependent medical records. The public Frequency of response: On occasion is invited to comment on the proposed (when respondent wishes to request NATIONAL ARCHIVES AND RECORDS information collection pursuant to the information from a military personnel, ADMINISTRATION Paperwork Reduction Act of 1995. military medical, and dependent Agency Information Collection DATES: Written comments must be medical record). Estimated total annual burden hours: Activities: Proposed Collection; received on or before September 20, 6,650 hours. Comment Request 1999. Abstract: The information collection AGENCY: National Archives and Records ADDRESSES: Comments should be sent is prescribed by 36 CFR 1228.162. In Administration (NARA). to: Paperwork Reduction Act Comments accordance with rules issued by the (NHP), Room 3200, National Archives Department of Defense (DOD) and the ACTION: Notice. and Records Administration, 8601 Department of Transportation (DOT, SUMMARY: NARA is giving public notice Adelphi Rd, College Park, MD 20740– U.S. Coast Guard), the National 6001; or faxed to 301–713–6913; or that the agency proposes to request Personnel Records Center (NPRC) of the approval of an information collection, electronically mailed to National Archives and Records [email protected]. currently in use without an OMB Administration (NARA) administers Control Number, used to advise FOR FURTHER INFORMATION CONTACT: military personnel and medical records requesters of (1) the correct procedures Requests for additional information or of veterans after discharge, retirement, to follow when requesting certified copies of the proposed information and death. In addition, NRPC copies of records for use in civil collection and supporting statement administers the medical records of litigation or criminal actions in courts of should be directed to Tamee Fechhelm dependents of service personnel. When law, and (2) the information to be at telephone number 301–713–6730, or veterans, dependents, and other provided so that records may be fax number 301–713–6913. authorized individuals request identified. The public is invited to SUPPLEMENTARY INFORMATION: Pursuant information from or copies of comment on the proposed information to the Paperwork Reduction Act of 1995 documents on military personnel, collection pursuant to the Paperwork (Pub. L. 104–13), NARA invites the military medical, and dependent Reduction Act of 1995. general public and other Federal medical records, they must provide on DATES: Written comments must be agencies to comment on proposed forms or in letters certain information received on or before September 20, information collections. The comments about the veteran and the nature of the 1999 to be assured of consideration. and suggestions should address one or request. A major fire at the NPRC on more of the following points: (a) July 12, 1973, destroyed numerous ADDRESSES: Comments should be sent Whether the proposed information military records. If individuals’ requests to: Paperwork Reduction Act Comments collection is necessary for the proper involve records or information from (NHP), Room 3200, National Archives performance of the functions of NARA; records that may have been lost in the and Records Administration, 8601 (b) the accuracy of NARA’s estimate of fire, requesters may be asked to Adelphi Rd, College Park, MD 20740– the burden of the proposed information complete NA Form 13075, 6001; or faxed to 301–713–6913; or collection; (c) ways to enhance the Questionnaire about Military Service, or electronically mailed to quality, utility, and clarity of the NA Form 13055, Request for [email protected]. information to be collected; and (d) Information Needed to Reconstruct FOR FURTHER INFORMATION CONTACT: ways to minimize the burden of the Medical Data, so that NPRC staff can Requests for additional information or collection of information on search alternative sources to reconstruct copies of the proposed information respondents, including the use of the requested information. Requesters collection and supporting statement information technology. The comments who ask for medical records of should be directed to Tamee Fechhelm that are submitted will be summarized dependents of service personnel and at telephone number 301–713–6730, or and included in the NARA request for hospitalization records of military fax number 301–713–6913. Office of Management and Budget personnel are asked to complete NA SUPPLEMENTARY INFORMATION: Pursuant (OMB) approval. All comments will Form 13042, Request for Information to the Paperwork Reduction Act of 1995 become a matter of public record. In this Needed to Locate Medical Records, so (Pub. L. 104–13), NARA invites the notice, NARA is soliciting comments that NPRC staff can locate the desired general public and other Federal concerning the following information records. Certain types of information agencies to comment on proposed collection: contained in military personnel and information collections. The comments Title: Authorization for Release of medical records are restricted from and suggestions should address one or Military Medical Patient Records, disclosure unless the veteran provides a more of the following points: (a) Request for Information Needed to more specific release authorization than Whether the proposed information Locate Medical Records, Request for is normally required. Veterans are asked collection is necessary for the proper Information Needed to Reconstruct to complete NA Form 13036, performance of the functions of NARA; Medical Data, and Questionnaire about Authorization for Release of Military (b) the accuracy of NARA’s estimate of Military Service. Medical Patient Records, to authorize the burden of the proposed information

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices 38929 collection; (c) ways to enhance the NATIONAL FOUNDATION ON THE Dated: July 9, 1999. quality, utility, and clarity of the ARTS AND THE HUMANITIES Kathy Plowitz-Worden, information to be collected; and (d) Panel Coordinator, Panel Operations, ways to minimize the burden of the National Endowment for the Arts National Endowment for the Arts. collection of information on [FR Doc. 99–18401 Filed 7–19–99; 8:45 am] respondents, including the use of Combined Arts Advisory Panel BILLING CODE 7537±01±M information technology. The comments that are submitted will be summarized Pursuant to section 10(a)(2) of the and included in the NARA request for Federal Advisory Committee Act (Pub. NUCLEAR REGULATORY Office of Management and Budget L. 92–463), as amended, notice is hereby COMMISSION (OMB) approval. All comments will given that meetings of the Combined become a matter of public record. In this Arts Panel, Local Arts Agencies Section [Docket No. 50±410] notice, NARA is soliciting comments (Creation & Presentation and Planning & Central Hudson Gas & Electric concerning the following information Stabilization categories) to the National Corporation (Nine Mile Point Nuclear collection: Council on the Arts will be held on Station, Unit No. 2); Order Extending Title: Court Order Requirements. August 4–5, 1999 in Room 708 at the Approval Regarding Restructuring of OMB number: 3095—New. Nancy Hanks Center, 1100 Pennsylvania Central Hudson Gas & Electric Avenue, NW, Washington, DC 20506. Agency form number: NA Form Corporation by Establishment of a The panel will meet from 9 a.m. to 5 13027. Holding Company Affecting License p.m. on August 4th and from 9 a.m. to No. NPF±69, Nine Mile Point Nuclear Type of review: Regular. 4:30 p.m. on August 5th. A portion of Station, Unit No. 2 Affected public: Veterans and Former this meeting, from 1:45 p.m. to 3 p.m. I. Federal civilian employees, their on August 5th, will be open to the authorized representatives, state and public for policy discussions. By Order dated July 19, 1998, the local governments, and businesses. Nuclear Regulatory Commission (the The remaining portions of this Commission or NRC) approved the Estimated number of respondents: meeting, from 9 a.m. to 5 p.m. on 5,000. proposed indirect transfer of Facility August 4th and from 9 a.m. to 1:45 p.m. Operating License No. NPF–69, to the Estimated time per response: 15 and 3 p.m. to 4:30 p.m. on August 5th, extent it is held by Central Hudson Gas minutes. are for the purpose of Panel review, & Electric Corporation (Applicant), to an Frequency of response: On occasion. discussion, evaluation, and unnamed holding company to be Estimated total annual burden hours: recommendation on applications for created with the Applicant, a wholly 1,250 hours. financial assistance under the National owned subsidiary, in accordance with Foundation on the Arts and the Abstract: The information collection electric industry restructuring goals Humanities Act of 1965, as amended, is prescribed by 36 CFR 1228.162. In established by the New York State accordance with rules issued by the including information given in Public Service Commission (NYSPSC). Office of Personnel Management, the confidence to the agency by grant The approval was given in response to National Personnel Records Center applicants. In accordance with the Applicant’s application dated April 8, (NPRC) of the National Archives and determination of the Chairman of May 1998, as resubmitted June 8, 1998, and Records Administration (NARA) 12, 1999, these sessions will be closed supplemented by letters dated April 22 administers Official Personnel Folders to the public pursuant to (c)(4)(6) and and July 9, 1998, for consent under (OPF) and Employee Medical Folders (9)(B) of section 552b of Title 5, United Section 50.80 of Title 10 of the Code of (EMF) of former Federal civilian States Code. Federal Regulations (10 CFR 50.80). By its terms, the Order of July 19, 1998, employees. In accordance with rules Any person may observe meetings, or becomes null and void if Applicant’s issued by the Department of Defense portions thereof, of advisory panels proposed holding company (DOD) and the Department of which are open to the public, and, if Transportation (DOT), the NPRC also restructuring is not completed by July time allows, may be permitted to 19, 1999, unless on application and for administers military service records of participate in the panel’s discussions at veterans after discharge, retirement, and good cause shown, this date is extended the discretion of the panel chairman and by the Commission. death, and the medical records of these with the approval of the full-time veterans, current members of the Armed Applicant is licensed by the Federal employee in attendance. Forces, and dependents of Armed Commission to own and possess a 9- Forces personnel. The NA Form 13027, If you need special accommodations percent interest in Nine Mile Point Court Order Requirements, is used to due to a disability, please contact the Nuclear Station, Unit 2 (NMP2), under advise requesters of (1) the correct Office of AccessAbility, National Facility Operating License No. NPF–69, procedures to follow when requesting Endowment for the Arts, 1100 issued by the Commission on July 2, certified copies of records for use in Pennsylvania Avenue, NW, Washington, 1987. In addition to Applicant, the other civil litigation or criminal actions in DC 20506, 202/682–5532, TDY–TDD owners who may possess, but not courts of law and (2) the information to 202/682–5496, at least seven (7) days operate, NMP2 are New York State Electric & Gas Corporation with an 18- be provided so that records may be prior to the meeting. identified. percent interest, Long Island Lighting Further information with reference to Company with an 18-percent interest, Dated: July 14, 1999. this meeting can be obtained from Ms. and Rochester Gas and Electric L. Reynolds Cahoon, Kathy Plowitz-Worden, Office of Corporation with a 14-percent interest. Assistant Archivist for Human Resources and Guidelines & Panel Operations, National Niagara Mohawk Power Corporation Information Services. Endowment for the Arts, Washington, (NMPC) owns a 41-percent interest in [FR Doc. 99–18443 Filed 7–19–99; 8:45 am] DC 20506, or call 202/682–5691. NMP2, is authorized to act as agent for BILLING CODE 7515±01±P the other owners, and has exclusive

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38930 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices responsibility and control over the Dated at Rockville, Maryland, this 13th day MC99–3. The Governors approved the operation and maintenance of NMP2. of July 1999. Commission’s recommendations. The NMP2 is located in the town of Scriba, For the Nuclear Regulatory Commission. rate schedule and classification changes Oswego County, New York. Samuel J. Collins, approved by the Governors were attached to that decision, and are set II. Director, Office of Nuclear Reactor Regulation. forth below. Under cover of a letter dated June 7, [FR Doc. 99–18470 Filed 7–19–99; 8:45 am] Also on July 12, 1999, the Board of 1999, Applicant submitted an BILLING CODE 7590±01±U Governors of the Postal Service, application requesting that the pursuant to their authority under 39 expiration date set forth in the Order of U.S.C. § 3625(f), determined to make the July 19, 1998, be extended to June 30, classification and rate schedule changes POSTAL SERVICE 2000. According to this submittal, under approved by the Governors effective at the terms of paragraph VIB6 of the Periodicals Rate Anomaly; Changes in 12:01 a.m. on August 1, 1999 Amended and Restated Settlement Classification and Rate Schedule (Resolution No. 99–6). Agreement (referenced in Part II of the In accordance with the NRC’s Order dated July 19, 1998), the AGENCY: Postal Service. aforementioned Decision of the NYSPSC permitted Applicant to invest ACTION: Notice of implementation of Governors and Resolution No. 99–6, the $100 million in its unregulated changes to the Domestic Mail Postal Service hereby gives notice that subsidiaries, but only before the date the Classification Schedule and Periodicals the classification and rate schedule holding company restructuring is Regular Rate Schedule. changes set forth below will become effected. Thus far, Applicant has so effective at 12:01 a.m. on August 1, invested $25.5 million. However, SUMMARY: This notice sets forth the 1999. Implementing regulations also Applicant needs additional time to changes to Domestic Mail Classification become effective at that time, as noted invest the remaining $74.5 million in Schedule (DMCS) section 441 and to elsewhere in this issue. suitable investments. Applicant further Periodicals Regular rate schedule 421, to states that there have been no material be implemented as a result of the July Changes in the Domestic Mail changes from the facts set forth in its 12, 1999, Decision of the Governors of Classification Schedule previous application, as resubmitted the United States Postal Service on The following material represents and supplemented, leading to the Order Periodicals Classification Change. changes to Domestic Mail Classification of July 19, 1998. EFFECTIVE DATE: August 1, 1999. Schedule section 441, approved by the The NRC staff has considered the Governors of the United States Postal foregoing request of June 7, 1999, and FOR FURTHER INFORMATION CONTACT: David Rubin, (202) 268–2986. Service on July 12, 1999, in response to has determined that Applicant has the Postal Rate Commission’s demonstrated good cause to extend the SUPPLEMENTARY INFORMATION: On April Recommended Decision in Docket No. expiration date set forth in the Order of 9, 1999, pursuant to its authority under MC99–3. July 19, 1998, approving the proposed 39 U.S.C. 3621 et seq., the Postal Service restructuring. filed with the Postal Rate Commission Periodicals (PRC) a request for a recommended Classification Schedule III. decision on Periodicals classification Accordingly, pursuant to Sections changes designed to provide a remedy * * * * * 161b and 161i of the Atomic Energy Act to a rate anomaly resulting from the last 440 POSTAGE AND PREPARATION of 1954, as amended, 42 USC 2201(b) omnibus rate case, Docket No. R97–1. and 2201(i), it is hereby ordered That The PRC designated the filing as Docket 441 Postage. the effectiveness of the Order of July 19, No. MC99–3. On April 23, 1999, the Postage must be paid on Periodicals 1998, approving the application PRC published a notice of the filing, class mail as set forth in section 3000. regarding the proposed restructuring of with a description of the Postal When the postage computed for a Applicant by the establishment of a Service’s proposal, in the Federal particular issue using the Nonprofit or holding company, is extended such that Register (64 FR 13613–13617). Classroom rate schedule is higher than if the restructuring is not completed by On June 23, 1999, pursuant to its the postage computed using the Regular June 30, 2000, the Order of July 19, authority under 39 U.S.C. 3624, the PRC rate schedule, that issue is eligible to 1998, as hereby extended, shall become issued to the Governors of the Postal use the Regular rate schedule. For null and void. Service its recommended decision on purposes of this section, the term issue This Order is effective upon issuance. the Postal Service’s request. The PRC is subject to certain exceptions related For further details with respect to this recommended the changes proposed by to separate mailings of a particular Order, see letter and request dated June the Postal Service. issue, as specified by the Postal Service. 7, 1999, from Applicant which are Pursuant to 39 U.S.C. 3625, the Changes in Rate Schedule 421 available for public inspection at the Governors of the United States Postal Commission’s Public Document Room, Service acted on the PRC’s The following material represents the Gelman Building, 2120 L Street, recommendations on July 12, 1999. changes to Rate Schedule 421 approved NW., Washington, DC, and at the local Decision of the Governors of the United by the Governors of the United States public document room located at the States Postal Service on the Postal Service on July 12, 1999, in Reference and Documents Department, Recommended Decision of the Postal response to the Postal Rate Penfield Library, State University of Rate Commission on Periodicals Commission’s Recommended Decision New York, Oswego, New York 13126. Classification Change, Docket No. in Docket No. MC99–3.

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Periodicals

RATE SCHEDULE 421 [Regular Subclass 1, 2]

Postage rate Rate 3 unit (cents)

Per Pound: Nonadvertising Portion ...... Pound ...... 16.1 Advertising Portion: 11 Delivery Office 4 ...... Pound ...... 15.5 SCF 5 ...... Pound ...... 17.8 1 & 2 ...... Pound ...... 21.5 3 ...... Pound ...... 22.9 4 ...... Pound ...... 26.3 5 ...... Pound ...... 31.6 6 ...... Pound ...... 37.1 7 ...... Pound ...... 43.8 8 ...... Pound ...... 49.5 Science of Agriculture: Delivery Office ...... Pound ...... 11.6 SCF ...... Pound ...... 13.3 Zones 1 & 2 ...... Pound ...... 16.1 Per Piece: Less Nonadvertising Factor 6 ...... 5.9 Required Preparation 7 ...... Piece ...... 29.4 Presorted to 3-digit ...... Piece ...... 25.3 Presorted to 5-digit ...... Piece ...... 19.7 Presorted to Carrier Route ...... Piece ...... 12.2 Discounts: Prepared to Delivery Office 4 ...... Piece ...... 1.3 Prepared to SCF 5 ...... Piece ...... 0.7 High Density 8 ...... Piece ...... 1.9 Saturation 9 ...... Piece ...... 3.7 Automation Discounts for Automation Compatible Mail 10 From Required: Prebarcoded letter size ...... Piece ...... 6.2 Prebarcoded flats ...... Piece ...... 4.6 From 3-Digit: Prebarcoded letter size ...... Piece ...... 4.7 Prebarcoded flats ...... Piece ...... 3.9 From 5-Digit: Prebarcoded letter size ...... Piece ...... 3.5 Prebarcoded flats ...... Piece ...... 2.9

Schedule 421 Notes 8. Applicable to high density mail, Management and Budget for review and 1. The rates in this schedule also deducted from carrier route presort rate. approval. 9. Applicable to saturation mail, apply to commingled nonsubscriber, deducted from carrier route presort rate. Summary of Proposal(s) non-requester, complimentary, and 10. For automation compatible mail sample copies in excess of 10 percent (1) Collection title: Annual Earnings meeting applicable Postal Service Questionnaire for Annuitants in Last allowance in regular-rate, non-profit, regulations. and classroom periodicals. Pre-Retirement Non-Railroad 11. Not applicable to qualifying Employment. 2. Rates do not apply to otherwise Nonprofit and Classroom publications regular rate mail that qualifies for the containing 10 percent or less advertising (2) Form(s) submitted: G–19L. Within County rates in Schedule 423.2. content. (3) OMB number: 3220–0179. 3. Charges are computed by adding Stanley F. Mires, (4) Expiration date of current OMB the appropriate per-piece charge to the Chief Counsel, Legislative. clearance: 10/31/1999. sum of the nonadvertising portion and (5) Type of request: Revision of a the advertising portion, as applicable. [FR Doc. 99–18509 Filed 7–19–99; 8:45 am] BILLING CODE 7710±12±P currently approved collection. 4. Applies to carrier route (including (6) Respondents: Individuals or high density and saturation) mail households. delivered within the delivery area of the (7) Estimated annual number of originating post office. RAILROAD RETIREMENT BOARD 5. Applies to mail delivered within respondents: 5,000. Agency Forms Submitted for OMB (8) Total annual responses: 5,000. the SCF area of the originating SCF Review office. (9) Total annual reporting hours: 6. For postage calculations, multiply Summary: In accordance with the 1,250. the proportion of nonadvertising Paperwork Reduction Act of 1995 (44 (10) Collection description: Under content by this factor and subtract from U.S.C. Chapter 35), the Railroad Section 2(e)(3) of the Railroad the applicable piece rate. Retirement Board (RRB) has submitted Retirement Act, an annuity is not 7. Mail not eligible for carrier-route, 5- the following proposal(s) for the payable or is reduced for any month in digit or 3-digit rates. collection of information to the Office of which the beneficiary works for a

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38932 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices railroad or earns more than the SMALL BUSINESS ADMINISTRATION Dated: June 30, 1999. prescribed amounts. The collection Don A. Christensen, obtains earnings information needed by [License No. 06/76±0317] Associate Administrator for Investment. the Railroad Retirement Board to [FR Doc. 99–18493 Filed 7–19–99; 8:45 am] determine possible reduction in TD Origen Capital Fund, L.P.; Notice of BILLING CODE 8025±01±P annuities because of LPE earnings. Issuance of a Small Business Investment Company License Additional Information or Comments TENNESSEE VALLEY AUTHORITY On September 14, 1998, an Copies of the form and supporting application was filed by TD Origen documents can be obtained from Chuck Peaking Capacity Additions Capital Fund, L.P. at One Technology Mierzwa, the agency clearance officer Center, 1155 University Blvd., S.E., AGENCY: Tennessee Valley Authority (312–751–3363). Comments regarding Albuquerque, New Mexico 87106 with (TVA). the information collection should be the Small Business Administration ACTION: Issuance of Record of Decision. addressed to Ronald J. Hodapp, Railroad (SBA) pursuant to Section 107.300 of Retirement Board, 844 North Rush the Regulations governing small SUMMARY: This notice is provided in Street, Chicago, Illinois, 60611–2092 business investment companies (13 CFR accordance with the Council on and the OMB reviewer, Laurie Schack 107.300 (1997)) for a license to operate Environmental Quality’s regulations (40 (202–395–7316), Office of Management as a small business investment CFR parts 1500 to 1508) and TVA’s and Budget, Room 10230, New company. procedures implementing the National Environmental Policy Act. TVA has Executive Office Building, Washington, Notice is hereby given that, pursuant decided to adopt the preferred DC 20503. to Section 301(c) of the Small Business alternative identified in its Final Chuck Mierzwa, Investment Act of 1958, as amended, Environmental Impact Statement for after having considered the application Clearance Officer. Peaking Capacity Additions. The Final and all other pertinent information, SBA [FR Doc. 99–18451 Filed 7–19–99; 8:45 am] Environmental Impact Statement (EIS) isssued License No. 06/76–0317 on BILLING CODE 7905±01±M was made available to the public on March 1, 1999, to TD Origen Capital May 13, 1999. A Notice of Availability Fund, L.P. to operate as a small business (NOA) of the Final EIS was published investment company. by the Environmental Protection Agency SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance in the Federal Register on May 21, Program No. 59.11, Small Business 1999. Under the preferred alternative, Investment Companies) [License No. 08/08±0155] TVA will construct additional peaking Dated: July 6, 1999. capacity at two TVA fossil plants: 340 CapEx L.P.; Notice of Issuance of a Don A. Christensen, megawatts (MW) at Johnsonville Fossil Small Business Investment Company Associate Administrator for Investment. Plant, in Humphreys County, Tennessee License [FR Doc. 99–18494 Filed 7–19–99; 8:45 am] and 340 MW at Gallatin Fossil Plant in BILLING CODE 8025±01±P Sumner County, Tennessee. The On May 8, 1998, an application was additions will be gas fired simple cycle filed by CapEx L.P. at 1670 Broadway, combustion turbines. Suite 3350, Denver, Colorado 80202 SMALL BUSINESS ADMINISTRATION FOR FURTHER INFORMATION CONTACT: with the Small Business Administration Richard B. Armstrong Jr., NEPA (SBA) pursuant to Section 107.300 of [License No. 09/09±0365] Specialist, Environmental Management, the Regulations governing small Tennessee Valley Authority, 400 West business investment companies (13 CFR VK Capital Company; Notice of Summit Hill Drive, mail stop WT 8C, 107.300 (1997)) for a license to operate Surrender of License Knoxville, Tennessee 37902–1499; as a small business investment telephone (423) 632–8059 or e-mail Notice is hereby given that VK Capital company. [email protected]. Company, 600 California Street, Suite Notice is hereby given that, pursuant 1700, San Francisco, California 94108– SUPPLEMENTARY INFORMATION: In to Section 301(c) of the Small Business 2704, has surrendered its license to December 1995, TVA issued its final Investment Act of 1958, as amended, operate as a small business investment Energy 2020 Integrated Resource Plan after having considered the application company under the Small Business and Programmatic Environmental and all other pertinent information, SBA Investment Act of 1958, as amended Impact Statement. This document isssued License No. 08/08–0155 on (the Act). projected demands for electricity in the March 4, 1999, to CapEx Partners, L.P. TVA power service area through the VK Capital Company, L.P. was year 2020 and evaluated different ways to operate as a small business licensed by the Small Business of meeting these projected increases. investment company. Administration on February 7, 1986. Under the forecast adopted by TVA, the (Catalog of Federal Domestic Assistance Under the authority vested by the Act demand for electricity was projected to Program No. 59.11, Small Business and pursuant to the regulations exceed TVA’s 1996 generating capacity Investment Companies) promulgated thereunder, the surrender of 28,000 (MW) by approximately 6,250 Dated: July 6, 1999. was effective as of May 26, 1999, and MW in the year 2005. TVA decided to Don A. Christensen, accordingly, all rights, privileges, and meet this demand through a franchises derived therefrom have been Associate Administrator for Investment. combination of supply-side options and terminated. customer service options. [FR Doc. 99–18495 Filed 7–19–99; 8:45 am] (Catalog of Federal Domestic Assistance One of the supply-side options was to BILLING CODE 8025±01±P Program No. 59.011, Small Business construct additional peaking capacity Investment Companies) within the TVA power system. Tiering

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices 38933 from the Energy Vision 2020 EIS, this Alternatives Considered a connection to the TVA power Peaking Addition EIS evaluates the Alternative methods of meeting TVA’s distribution system. This will help TVA decision of adding up to 1,530 MW future electrical generation capacity meet the projected demand for capacity among three existing TVA requirements were evaluated in Energy electricity in its service area as well as fossil plants; Colbert Fossil Plant, Vision 2020. One of the selected maintain reliable service to TVA Colbert County, Alabama; Gallatin methods was to construct additional customers. Fossil Plant, Sumner County and electric generation capacity within the Environmentally Preferred Alternative Johnsonville Fossil Plant, Humphreys TVA system. Tiering from Energy Vision County, Tennessee. The evaluation 2020, to address the peaking capacity TVA has concluded that the Preferred considered the following: the No Action additions, two alternatives were Alternative is the environmentally Alternative, and seven Action evaluated: a No Action Alternative and preferred alternative. Alternatives that Alternatives based on all combinations an Action Alternative. included the Colbert Fossil plant of the use of one, two or three candidate Under the No Action Alternative, required the construction of new or sites. Other options evaluated included TVA would not construct additional upgraded natural gas pipelines which generation technology, transmission peaking generation capacity and would had additional potential impacts. There connectivity and distribution, and fuel not construct or upgrade transmission is no clear basis for identifying either supply. The three candidate sites were lines or natural gas lines connecting to the No Action or the Preferred selected based on the following criteria: the new facilities to the TVA Alternative as environmentally location in the TVA service area, sites transmission system and fuel supplies. preferable to the other. Selection of the currently owned by TVA, and use of Instead, TVA would select another fossil No Action Alternative would eliminate TVA fossil plants that now operate alternative evaluated in Energy Vision potential adverse impacts from TVA’s combustion turbines. Operating nuclear 2020, such as an option purchase construction and operation of new plant sites were not considered. The agreement or spot market purchases. generation peaking capacity. However, alternative selected was based on both This would not necessarily preclude there is no assurance that power economic and environmental development and construction of purchased by TVA under the No Action considerations. The preferred additional generating capacity in the Alternative would be produced by alternative locates the capacity future by TVA or suppliers of power to existing facilities or by facilities with additions at Gallatin and Johnsonville TVA. However, this would be uncertain less environmental impacts than the Fossil Plants, Tennessee. at this time. facilities contemplated by the Preferred On August 12, 1998, TVA issued a Under the Preferred Alternative, TVA Alternative. To the contrary, given the Notice of Intent (NOI) to prepare an EIS would construct peaking capacity current and projected needs for new on its proposed construction of additions of 340 MW at both Gallatin power generation, it may be more additional peaking capacity at TVA and Johnsonville Fossil Plant sites, reasonable to assume the purchased existing sites. Press announcements increasing the total peaking capacity of power would be produced by new were sent to TVA region news media on the TVA system by 680 MW. Each site generating units with unknown July 22, 1998, which generally described would receive four simple-cycle environmental cost. Also, by selecting TVA’s plans to add new peaking combustion turbines (CT) with a per the Preferred Alternative and capacity by June 2000. On August 24, unit capacity of 85 MW. These CTs are constructing its own generation units, 1998, TVA issued a press release which designed to operate with dual fuel TVA can better assure that appropriate contained specific information about capacity firing either natural gas or low mitigation measures are employed and TVA’s intent to hold public scoping sulfur distillate fuel oil to maximize fuel that the construction and operation of meetings concerning the peaking flexibility and lower operational cost. the new units will comply with all additions. Also, newspaper notices were The CTs at both sites would be environmental regulations and policies. published for the meetings. These equipped with dry low nitrogen oxides In addition, the Preferred Alternative may better assure the reliability meetings were held at the following (NOX) burners for natural gas firing and necessary to meet customer demand. locations: Gallatin, Sumner County, would use water injection for NOX Tennessee; Waverly, Humphreys control when firing No. 2 distillate oil. Environmental Consequences and County, Tennessee and Cherokee, The peaking capacity additions are Commitments Colbert County, Alabama. Public proposed to be completed and comments were considered in preparing operational by June 2000. In addition to Standard construction and best the draft EIS. A NOA of the draft EIS the peaking capacity additions, management practices would be was published by the Environmental associated transmission lines serving as followed in all aspects of the project Protection Agency (EPA) in the Federal a connection to TVA’s power construction and operation to avoid or Register on January 29, 1999. Three distribution system would be minimize adverse environmental public information and comment constructed and or upgraded. impacts. In addition, TVA has adopted meetings were held on February 16, 18, the following mitigation measures and 22, 1999 at Waverly, Tennessee; Decision pertaining to the construction and Cherokee, Alabama; and Gallatin, TVA has decided to implement the operation of the peaking capacity Tennessee respectively. Comments were Preferred Alternative at Gallatin and additions at Gallatin and Johnsonville: received from three federal and three Johnsonville fossil plant sites, because it • Air quality impacts of construction state agencies, two corporations, and would add a total capacity of 680 MW dust will be mitigated by sprinkling eight individuals. After considering all to the TVA power system with minimal water on open construction areas and comments, TVA revised the EIS environmental impacts and would be roads to reduce fugitive dust emissions. appropriately. The Final EIS was more cost effective than constructing • Air emission during operation will distributed to commenting agencies and additional capacity at the Colbert Fossil comply with limits set in the PSD the public on May 13, 1999. A NOA of Plant in Colbert County, Alabama. TVA permit to be issued by Tennessee the final EIS was published by EPA in will also build and upgrade the Department of Environment and the Federal Register on May 21, 1999. associated transmission lines serving as Conservation (TDEC).

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• TVA will use natural gas and low between TVA and the Tennessee State DEPARTMENT OF TRANSPORTATION sulfur distillate oil (maximum sulfur Historical Preservation Officer and with content of 0.05%) as fuels. Section 106 of the National Historical Coast Guard • TVA will install post-combustion Preservation Act (NHPA). All proposed emission controls on all CTs. transmission line ROWs that require [USCG 1999±5126] • Best Management Practices will be reconductoring, resagging or new used at all stream and river crossings by construction will be surveyed for Collection of Information by Agency natural gas pipelines and transmission cultural, archaeological and historic Under Review by the Office of line resagging, reconductoring, and new resources. Management and Budget (OMB) construction activities. • All wetlands will be avoided by Dated: June 28, 1999. AGENCY: Coast Guard, DOT. vans, trucks, bulldozers and other Joseph R. Bynum, ACTION: Request for comments. equipment used to access points along Executive Vice President, Fossil Power Group. SUMMARY: In compliance with the transmission ROW where resagging and [FR Doc. 99–18452 Filed 7–19–99; 8:45 am] reconductoring activities are required. Paperwork Reduction Act of 1995, this In no case will equipment pass through BILLING CODE 8120±08±P request for comments announces that wetlands. the Coast Guard has forwarded the • Discharges to surface waters will Information Collection Report (ICR) comply with limits set in NPDES abstracted below to OMB for review and permits issued by Tennessee DEPARTMENT OF TRANSPORTATION comment. Our ICR describes the Department of Environment and information we seek to collect from the Office of The Secretary Conservation. public. Review and comment by OMB • ensure we impose on the public the Stormwater will be managed in Application of Puerto Rico Airways, lightest burden of paperwork accordance with Storm Water Pollution Corp. for Issuance of New Certificate Prevention Control and Countermeasure compatible with our performance of Authority plans. duties. • A TVA botanist will delineate a 50 DATES: AGENCY: Department of Transportation. Please submit comments on or feet buffer around each population of before August 19, 1999. bladderpod (Lesquerella perforata) plant ACTION: Notice of Order to Show Cause ADDRESSES: Please send comments to in the Spring Creek bottom area along (Order 99–7–7), Docket OST–98–4838. both (1) the Docket Management Facility the Gallatin to Lebanon Industrial Park (DMS), U.S. Department of ROW. No construction related traffic, SUMMARY: The Department of Transportation (DOT), room PL–401, vehicular or pedestrian, will be allowed Transportation is directing all interested 400 Seventh Street SW, Washington, DC within the delineated buffer area. persons to show cause why it should 20590–0001, and (2) the Office of Botanists from TVA and TDEC will meet not issue an order (1) finding Puerto Information and Regulatory Affairs on site with the transmission line Rico Airways, Corp. fit, willing, and (OIRA), OMB, 725 17th Street NW, reconductoring project engineer or able, and (2) awarding it a certificate to Washington, DC 20503, attention: USCG project manager to emphasize the engage in interstate scheduled air Desk Officer. significance of the bladderpod transportation of persons, property, and Copies of the complete ICR are populations and the importance of mail. available for inspection and copying in enforcing the restrictions of maintaining public docket USCG 1999–5126 of the the non-intrusive 50 feet buffer zone. If DATES: Persons wishing to file DMS between 10 a.m. and 5 p.m., any activities relating to the objections should do so no later than Monday through Friday, except Federal reconductoring of the transmission line July 27, 1999. holidays. They are also available for through the Spring Creek bottom area downloading, inspection, and printing are modified to the extent that these ADDRESSES: Objections and answers to objections should e filed in Docket from the internet at http://dms.dot.gov; activities may directly or indirectly and for inspection at Commandant (G– impact this species, TVA, U.S. Fish and OST–98–4838 and addressed to Department of Transportation Dockets SII–2), U.S. Coast Guard, room 6106, Wildlife Service, and TDEC would meet 2100 Second Street SW, Washington, (SVC–124 Room PL–401), U.S. to establish a strategy to protect the DC, between 10 a.m. and 4 p.m., Department of Transportation, 400 species. Monday through Friday, except Federal • Seventh Street, SW., Washington, DC TVA will use BMP techniques in holidays. accordance with TVA guidelines for 20590 and should be served upon the FOR FURTHER INFORMATION CONTACT: environmental protection (Muncey parties listed in Attachment A to the For questions on this document, call 1992) during the construction of order. transmission lines. Barbara Davis, Office of Information • Transmission line and natural gas FOR FURTHER INFORMATION CONTACT: Mr. Management of the Coast Guard, at 202– pipeline ROW will be revegetated where Galvin Coimbre, Air Carrier Fitness 267–2326. For questions on this docket, natural vegetation is removed. Division (X–56, Room 6401), U.S. call Dorothy Walker, Chief of Dockets of • TVA will avoid the removal of Department of Transportation, 400 the DMS, at 202–366–9329. unique vegetation. Seventh Street, SW., Washington, DC SUPPLEMENTARY INFORMATION: • Construction delivery trucks will 20590, (202) 366–5347. Regulatory History not be loaded beyond legal limits and Dated: July 13, 1999. will meet all safety standards. Hauling This request constitutes the 30-day will comply with all state, federal, and A. Bradley Mims, notice required by OMB. The Coast local ordinances. Acting Secreatary for Aviation and Guard has already published [64 FR • Impacts on cultural resources will International Affairs. 9371 (February 25, 1999)] the 60-day be mitigated in accordance with the [FR Doc. 99–18307 Filed 7–16–99; 8:45 am] notice required by OMB. That request Memorandum of Agreement (MOA) BILLING CODE 4910±62±M elicited no comments.

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Request for Comments DEPARTMENT OF TRANSPORTATION Issued in Washington, DC on July 14, 1999. Donald P. Byrne, The Coast Guard invites comments on Federal Aviation Administration Assistant Chief Counsel for Regulations. the proposed collection of information Petitions for Exemptions to determine whether the collection is [Summary Notice No. PE±99±20] necessary for proper performance of the Docket No.: 29499. duties of the Department. In particular, Petitions for Exemption; Summary of Petitioner: Alaska’s Enchanted Lake the Coast Guard would appreciate Petitions Received; Dispositions of Lodge, Inc. comments addressing: (1) The practical Petitions Issued Section of the FAA Affected: 14 CFR utility of the collection; (2) the accuracy 43.3(a) and (g). of the Department’s estimated burden of AGENCY: Federal Aviation Description of Relief Sought: To the collection; (3) ways to enhance the Administration (FAA), DOT. permit pilots employed by AELL to quality, utility, and clarity of the ACTION: Notice of petitions for perform the preventative maintenance information sought in the collection; exemption received and of dispositions functions listed in paragraph (c) of and (4) ways to minimize the burden of of prior petitions. appendix A to part 43 on an aircraft the collection on respondents, including operated under 14 CFR part 135. the use of automated collection SUMMARY: Pursuant to FAA’s rulemaking Docket No.: 29505. techniques or other forms of information provisions governing the application, Petitioner: Rough and Ready Guide processing, and disposition of petitions technology. Services, Inc. dba Nordic Flying Service. for exemption (14 CFR Part 11), this Sections of the FAA Affected: 14 CFR Comments, whether to DMS or to notice contains a summary of certain 43.3(a) and (g). OIRA, must contain the OMB Control petitions seeking relief from specified Description of Relief Sought: To Number of the ICR addressed by the requirements of the Federal Aviation permit pilots employed by NFS to comments. Comments to DMS must Regulations (14 CFR Chapter I), perform the preventative maintenance contain the docket-number of this dispositions of certain petitions functions listed in paragraph (c) of request, USCG 1999–5126. Comments to previously received, and corrections. appendix A to part 43 on an aircraft OIRA are best assured of having their The purpose of this notice is to improve operated under 14 CFR part 135. full effect if OIRA receives them 30 or the public’s awareness of, and Docket No.: 29598. fewer days after the publication of this participation in, this aspect of FAA’s Petitioner: The Boeing Company. request. regulatory activities. Neither publication Section of the FAA Affected: 14 CFR of this notice nor the inclusion or Information Collection Request 25.571(b) and 25.671(c)(1). omission of information in the summary Description of Relief Sought: To allow Title: National Recreational Boating is intended to affect the legal status of the McDonnell Douglas Corporation any petition or its final disposition. Survey. time to substantiate, including redesign DATES: Comments on petitions received OMB Control Number: 2115–0638. and retrofit, as necessary, that the flap must identify the petition docket system on the Model 717–200 meets the Type of Request: Extension of number involved and must be received damage-tolerance and fail-safe criteria of currently approved collection. on or before August 9, 1999. the subject regulations. Affected Public: Owners and ADDRESSES: Send comments on any Dispositions of Petitions operators of recreational boats. petition in triplicate to: Federal Docket No.: 29514. Form(s): National Recreational Aviation Administration, Office of the Petitioner: Decatur Aero Club. Boating Survey. Chief Counsel, Attn: Rule Docket (AGC– 200), Petition Docket No. lll, 800 Section of the FAA Affected: 14 CFR Abstract: The goal of the National Independence Avenue, SW., 135.251, 135.255, and 135.353. Recreational Boating Survey is to obtain Washington, D.C. 20591. Comments Description of Relief Sought/ information on boating practices, safety, may also be sent electronically to the Disposition: To permit Decatur Aero and exposure. This information will following internet address: 9–NPRM– Club to conduct sightseeing rides at an enable boating-safety officials to assess [email protected]. airport in the vicinity of Decatur, Illinois for their pancake breakfast on boating risks and implement The petition, any comments received, June 13, 1999, for compensation or hire, appropriate strategies for safety and a copy of any final disposition are without complying with the drug and intervention. It will also provide means filed in the assigned regulatory docket alcohol testing requirements in part 135. to measure the effectiveness of the and are available for examination in the GRANT, 6/11/99, Exemption No. 6899. program in reducing the number of Rules Docket (AGC–200), Room 915G, fatalities and injuries and the amount of FAA Headquarters Building (FOB 10A), [FR Doc. 99–18402 Filed 7–19–99; 8:45 am] property damage associated with the use 800 Independence Avenue, SW., BILLING CODE 4910±13±M of recreational boats. Washington, DC 20591; telephone (202) Annual Estimated Burden Hours: The 267–3132. DEPARTMENT OF TRANSPORTATION estimated burden is 3,926 hours FOR FURTHER INFORMATION CONTACT: annually. Cheri Jack (202) 267–7271 or Terry Federal Aviation Administration G.N. Naccara, Stubblefield (202) 267–7624 Office of Rulemaking (ARM–1), Federal Aviation [Summary Notice No. PE±99±21] Director of Information and Technology. Administration, 800 Independence Petitions for Exemption; Summary of [FR Doc. 99–18498 Filed 7–19–99; 8:45 am] Avenue, SW, Washington DC 20591. BILLING CODE 4910±15±P Petitions Received; Dispositions of This notice is published pursuant to Petitions Issued paragraphs (c), (e), and (g) of § 11.27 of Part 11 of the Federal Aviation AGENCY: Federal Aviation Regulations (14 CFR Part 11). Administration (FAA), DOT.

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ACTION: Notice of petitions for To permit SCI to allow nonstudent, airplanes equipped with a functioning exemption received and of dispositions foreign national parachutists to make throwover control wheel in place of of prior petitions. intentional parachute jumps at SCI’s functioning dual controls. facilities without complying with the Grant, 06/16/99, Exemption No. 5733D SUMMARY: Pursuant to FAA’s rulemaking parachute equipment packing provisions governing the application, requirement of § 105.43(a). Docket No.: 28877 processing, and disposition of petitions Docket No.: 28868 Petitioner: Mr. Itzhak Jacoby for exemption (14 CFR Part 11), this Petition: Skydive Space Center, Inc. Sections of the FAR Affected: 14 CFR 91.109(a) and (b)(3) notice contains a summary of certain Section of the FAR Affected: Description of Relief Sought/ petitions seeking relief from specified 14 CFR 105.43(a) Disposition: requirements of the Federal Aviation Description of Relief Sought: To permit Mr. Jacoby to conduct Regulations (14 CFR Chapter I), To permit SSC to continue to allow certain flight instruction and simulated dispositions of certain petitions nonstudent parachutists who are foreign instrument flights to meet recent previously received, and corrections. nationals to make intentional parachute instrument experience requirements in The purpose of this notice is to improve jumps for the purpose of training and certain Beechcraft airplanes equipped the public’s awareness of, and recreational activities at SSC’s facilities with a functioning throwover control participation in, this aspect of FAA’s without complying with the parachute wheel in place of functioning dual regulatory activities. Neither publication equipment packing requirements of controls. of this notice nor the inclusion or § 105.43(a). omission of information in the summary Docket No.: 29516 Grant, 6/23/99, Exemption No. 6649A is intended to affect the legal status of Petition: Wildman Lake Lodge any petition or its final disposition. Docket No.: 29529 Sections of the FAR Affected: Petitioner: Oliver’s Helicopters, Inc. DATES: Comments on petitions received 14 CFR 43.3(a) and (g) and paragraph Sections of the FAR Affected: must identify the petition docket (c) of appendix A of part 43. 14 CFR 135.143(c)(2) number involved and must be received Description of Relief Sought: Description of Relief Sought/ on or before August 10, 1999. To permit pilots employed by WLL to Disposition: ADDRESSES: Send comments on any perform the preventive maintenance To permit OHI to operate its Enstrom petition in triplicate to: Federal functions listed in paragraph (c) of Model 480 helicopter (Registration No. Aviation Administration, Office of the appendix A to part 43 on an aircraft N480FX, Serial No. 5028) under part Chief Counsel, Attn: Rule Docket (AGC– operated under 14 CFR part 135. 135 without a TSO–C112 (Mode S) lll 200), Petition Docket No. , 800 Docket No.: 29518 transponder installed in the aircraft. Independence Avenue, SW., Petition: Brown Bear Air, Inc. Grant, 6/23/99, Exemption No. 6907 Washington, DC 20591. Sections of the FAR Affected: Comments may also be sent 14 CFR 43.3(a) and (g) and paragraph Docket No.: 29604 electronically to the following internet (c) of appendix A of part 43 Petitioner: Lacon Aero Service, Inc. address: 9–NPRM–[email protected]. Description of Relief Sought: Sections of the FAR Affected: The petition, any comments received, To permit pilots employed by BBA to 14 CFR 135.251, 135.255, 135.353, and a copy of any final disposition are perform the preventive maintenance and Appendices I & J of part 121 Description of Relief Sought/ filed in the assigned regulatory docket functions listed in paragraph (c) of Disposition: and are available for examination in the appendix A to part 43 on an aircraft To permit Lacon to conduct local Rules Docket (AGC–200), Room 915G, operated under 14 CFR part 135. sightseeing rides at the Marshall County FAA Headquarters Building (FOB 10A), Docket No.: 29532 800 Independence Avenue, SW., Airport for an annual fly-in/drive-in Petition: Cub Drivers breakfast on June 20, 1999, for Washington, DC 20591; telephone (202) Section of the FAR Affected: 267–3132. compensation or hire, without 14 CFR 43(a) and (g) complying with certain anti-drug and FOR FURTHER INFORMATION CONTACT: Description of Relief Sought/ alcohol misuse prevention requirements Cherie Jack (202) 267–7271 or Terry Disposition: of part 135. Stubblefield (202) 267–7624 Office of To permit pilots employed by Cub Rulemaking (ARM–1), Federal Aviation Drivers to perform the preventive Grant, 6/18/99, Exemption No. 6903 Administration, 800 Independence maintenance functions listed in Docket No.: 29612 Avenue, SW., Washington, DC 20591. paragraph (c) of appendix A to part 43 Petitioner: Blue Sky Flying Services, This notice is published pursuant to on an aircraft operated under 14 CFR Inc. paragraphs (c), (e), and (g) of § 11.27 of part 135. Sections of the FAR Affected: Part 11 of the Federal Aviation 14 CFR 135.251, 135.255, 135.353, Regulations (14 CFR Part 11). Dispositions of Petitions and Appendices I & J of part 121 Issued in Washington, DC, on July 14, Docket No.: 27251 Description of Relief Sought/ 1999. Petitioner: BPPP, Inc. and ABS/Air Disposition: Donald P. Byrne, Safety Foundation To permit Blue Sky to conduct local Assistant Chief Counsel for Regulations. Sections of the FAR Affected: sightseeing rides at an airshow at the 14 CFR 91.109(a) and (b)(3) Lake in the Hills Airport on June 19, Petitions for Exemption Description of Relief Sought/ 1999, for compensation or hire, without Docket No.: 27672 Disposition: complying with certain anti-drug and Petition: Skydive Chicago, Inc. To permit BPPP and ABS/ASF flight alcohol misuse prevention requirements Sections of the FAR Affected: instructors to conduct certain flight of part 135. instruction and simulated instrument 14 CFR 91.307(a)(2) and (c)(1) and Grant, 6/18/99, Exemption No. 6904 105.43(a)(2) flights to meet the recent instrument Description of Relief Sought/ experience requirements in Beechcraft [FR Doc. 99–18500 Filed 7–19–99; 8:45 am] Disposition: Baron, Bonanza, and Travel Air BILLING CODE 4910±13±M

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DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on July 14, Petitioner: True North, Inc. 1999. Sections of the FAR Affected: Federal Aviation Administration Donald P. Byrne, 14 CFR 135.299(a) Assistant Chief Counsel for Regulations. Description of Relief Sought/ [Summary Notice No. PE±99±22] Disposition: Petitions for Exemption To permit True North pilots to a Petitions for Exemption; Summary of Docket No.: 29468 accomplish a line operational Petitions Received; Dispositions of Petition: China Aircraft Services evaluation in a Level C or Level D flight Petitions Issued Limited simulator in lieu of a line check in an Section of the FAR Affected: 14 CFR aircraft AGENCY: Federal Aviation 145.37(b) Administration (FAA), DOT. Description of Relief Sought/ Denial, 6/29/99, Exemption No. 6913 ACTION: Notice of petitions for Disposition: Docket No.: 29481 To permit CASL to qualify for a part exemption received and of dispositions Petitioner: Republic Helicopters, Inc. 145 repair station certificate without of prior petitions. Sections of the FAR Affected: meeting the special housing and facility 14 CFR 135.153(c)(2) SUMMARY: Pursuant to FAA’s rulemaking requirements of § 145.37(b). Description of Relief Sought/ Disposition: provisions governing the application, Dispositions of Petitions processing, and disposition of petitions To permit Republic Helicopters to for exemption (14 CFR Part 11), this Docket No.: 20583 operate certain aircraft under part 135 notice contains a summary of certain Petitioner: Tenneco without a TSO–C112 (Mode S) petitions seeking relief from specified Sections of the FAR Affected: transponder installed in each aircraft. 14 CFR 61.57(a)(3) and (b)(2) and requirements of the Federal Aviation 61.58(e) Grant, 6/69/99, Exemption No. 6912 Regulations (14 CFR Chapter I), Description of Relief Sought/ dispositions of certain petitions Docket No.: 29513 Disposition: previously received, and corrections. Petitioner: Fairchild Dornier/Dornier To permit Tenneco’s pilots to Luftfahrt GmbH. The purpose of this notice is to improve complete a 24-month pilot-in-command the public’s awareness of, and Sections of the FAR Affected: check conducted by Tenneco in an 14 CFR C36.9(e)(1) participation in, this aspect of FAA’s FAA-approved flight simulator without regulatory activities. Neither publication Description of Relief Sought/ Tenneco holding a 14 CFR part 142 Disposition: of this notice nor the inclusion or certificate. omission of information in the summary To permit the Dornier 328–300 noise is intended to affect the legal status of Denial, 6/18/99, Exemption No. 6906 certification reference approach speed to be determined on the basis of the 1– any petition or its final disposition. Docket No.: 28868 g stall speed. DATES: Comments on petitions received Petitioner: Skydive Space Center, Inc. must identify the petition docket Sections of the FAR Affected: Grant, 6/14/99, Exemption No. 6900 14 CFR 105.43(a) number involved and must be received Docket No.: 29562 on or before August 10, 1999. Description of Relief Sought/ Disposition: Petitioner: Sky King Soaring, L.L.C. ADDRESSES: Send comments on any To allow SSC to permit non-student Section of the FAR Affected: petition in triplicate to: Federal parachutists who are foreign nationals 14 CFR 91.109(a) and (b)(3) Aviation Administration, Office of the to make intentional parachute jumps for Description of Relief Sought/ Chief Counsel, Attn: Rule Docket (AGC– the purpose of training and recreational Disposition: lll 200), Petition Docket No. , 800 activities at SSC’s facilities without To allow Mr. Russell M. Hustead to Independence Avenue, SW., complying with the parachute conduct certain flight instruction to Washington, DC 20591. equipment and packing requirements of meet recent experience requirements in Comments may also be sent § 105.43(a). Beechcraft Bonanza airplanes equipped electronically to the following internet with a functioning throwover control address: [email protected]. Grant, 6/25/99, Exemption No. 6644A wheel in place of functioning dual The petition, any comments received, Docket No.: 29207 controls. and a copy of any final disposition are Petitioner: American Airlines Flight Grant, 6/29/99, Exemption No. 6909 filed in the assigned regulatory docket Academy and are available for examination in the Sections of the FAR Affected: Docket No.: 29563 Rules Docket (AGC–200), Room 915G, 14 CFR 121.434(c)(1)(ii) Petitioner: Mr. Ronald Jay FAA Headquarters Building (FOB) 10A), Description of Relief Sought/ Timmermans 800 Independence Avenue, SW., Disposition: Section of the FAR Affected: Washington, DC 20591; telephone (202) To permit AAL to substitute a 14 CFR 91.109(a) and (b)(3) 267–3132. qualified and authorized check airman Description of Relief Sought/ in place of an FAA inspector to observe Disposition: FOR FURTHER INFORMATION CONTACT: a qualifying pilot in command (PIC) To allow Mr. Ronald Jay Timmermans Cherie Jack (202) 267–7271 or Terry while that PIC is performing prescribed to conduct certain flight instruction to Stubblefield (202) 267–7624 Office of duties during at least one flight leg that meet recent experience requirements in Rulemaking (ARM–1), Federal Aviation includes a takeoff and a landing when Beechcraft Bonanza airplanes equipped Administration, 800 Independence completing initial or upgrade training as with a functioning throwover control Avenue, SW., Washington, DC 20591. specified in § 121.424. wheel in place of functioning dual This notice is published pursuant to controls. paragraphs (c), (e), and (g) of § 11.27 of Partial Grant, 7/6/99, Exemption No. Part 11 of the Federal Aviation 6916 Grant, 6/28/99, Exemption No. 6914 Regulations (14 CFR Part 11). Docket No.: 29250 Docket No.: 29572

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Petitioner: Spectrum Aeromed, Inc., DEPARTMENT OF TRANSPORTATION not later than July 23, 1999. The next Section of the FAR Affected: quarterly meeting of the FAA ATPAC is 14 CFR 25.562 and 25.785(b) Federal Aviation Administration planned to be held from October 4–7, Description of Relief Sought/ 1999, in Washington, DC. Air Traffic Procedures Advisory Any member of the public may Disposition: Committee To permit certification of medical present a written statement to the Committee at any time at the address stretchers for transport of persons whose AGENCY: Federal Aviation medical condition dictates such Administration (FAA), DOT. given above. accommodation. The exemption is for ACTION: Notice of public meeting. Issued in Washington, DC, on June 30, installation on Gulfstream Model G–V 1999. series airplanes SUMMARY: the FAA is issuing this notice Eric Harrell, to advise the public that a meeting of Executive Director, Air Traffic Procedures Grant, 7/1/99, Exemption No. 6911 the Federal Aviation Administration Air Advisory Committee. Docket No.: 29596 Traffic Procedures Advisory Committee [FR Doc. 99–18499 Filed 7–19–99; 8:45 am] Petitioner: EMBRAER—Empresa (ATPAC) will be held to review present BILLING CODE 4910±13±M Brasileria de Aeronautica S.A. air traffic control procedures and Section of the FAR Affected: practices for standardization, 14 CFR C36.9(e)(1) clarification, and upgrading of DEPARTMENT OF TRANSPORTATION terminology and procedures. Description of Relief Sought/ National Highway Traffic Safety Disposition: DATES: The meeting will be held from Administration To allow EMBRAER to use the 1–g July 26–29, 1999, from 9 a.m. to 5 p.m. stall speed used for the 14 CFR part 25 each day. Discretionary Cooperative Agreements airworthiness certification to also be ADDRESSES: The meeting will be held at To Support Seat Belt Enforcement in used for the 14 CFR part 36 noise the Experimental Aircraft Association Major Metropolitan Areas certification for the approach reference Museum, 3000 Poberezny Road, Batten AGENCY: National Highway Traffic and test limitations on the EMBRAER Room, OshKosh, Wisconsin, 54901. Safety Administration, DOT EMB–135 model airplane. FOR FURTHER INFORMATION CONTACT: Mr. ACTION: Announcement of Discretionary Grant, 6/30/99, Exemption No. 6910 Eric Harrell, Executive Director, Cooperative Agreements in conjunction ATPAC, En Route/Terminal Operations with the Buckle Up America campaign Docket No.: 29613 and Procedures Division, 800 Petitioner: Torrance Air Fair to increase seat belt enforcement in Independence Avenue, SW., major metropolitan areas. Association Washington, DC 20591, telephone (202) Section of the FAR Affected: 267–3725. SUMMARY: The National Highway Traffic 14 CFR 135.251, 135.255, 135.353 and SUPPLEMENTARY INFORMATION: Pursuant Safety Administration (NHTSA) 121 Appendices I & J to Section 10(a)(2) of the Federal announces a discretionary cooperative Description of Relief Sought/ Advisory Committee Act (Pub. L. 92– agreement program to solicit support for Disposition: 463; 5 U.S.C. App. 2), notice is hereby the Buckle Up America (BUA) To allow Benbow to conduct local given of a meeting of the ATPAC to be campaign. NHTSA solicits applications sightseeing rides at Zamperini Field, held July 26 through July 29, 1999, at from law enforcement agencies which Torrance Airport, for the 7th Annual the Experimental Aircraft Association have jurisdiction in major metropolitan Torrance Air Fair on July 10 and 11, Museum, 3000 Poberezny Road, Batten areas to participate in the BUA under 1999, for compensation or hire without Room, OshKosh, Wisconsin, 54901. this program. NHTSA seeks the complying with the anti-drug and The agenda for this meeting will participation and support of these law alcohol misuse prevention requirements cover: a continuation of the Committee’s enforcement agencies to increase the use of part 135. review of present air traffic control of seat belts and child safety seats, the most effective safety devices for Grant, 7/6/99, Exemption No. 6915 procedures and practices for standardization, clarification, and reducing injuries and fatalities in traffic Docket No.: 29638 upgrading of terminology and crashes. Petitioner: Plainwell Pilots procedures. It will also include: DATES: Applications must be received at Association 1. Approval of Minutes. the office designated below on or before Section of the FAR Affected: 2. Submission and Discussion of August 19, 1999. 14 CFR 135.251, 135.255, 135.353 and Areas of Concern. ADDRESSES: Applications must be 121 Appendices I & J 3. Discussion of Potential Safety submitted to the National Highway Description of Relief Sought/ Items. Traffic Safety Administration, Office of Disposition: 4. Report from Executive Director. Contracts and Procurement (NAD–30), To allow Plainwell Pilots Association 5. Items of Interest. ATTN.: Joseph Comella, 400 7th Street to conduct local sightseeing rides at 6. Discussion and agreement of S.W., Room 5301, Washington, D.C. Zamperini Field, Torrance Airport, for location and dates for subsequent 20590. All applications submitted must the 7th Annual Torrance Air Fair on meetings. include a reference to NHTSA Program July 10 and 11, 1999, for compensation Attendance is open to the interested No. NTS–01–9–05102. or hire without complying with the anti- public but limited to the space FOR FURTHER INFORMATION CONTACT: drug and alcohol misuse prevention available. With the approval of the General administrative questions may requirements of part 135. Chairperson, members of the public may be directed to Joseph Comella, Office of present oral statements at the meeting. Contracts and Procurement, at (202) Grant, 7/1/99, Exemption No. 6917 Persons desiring to attend and persons 366–9568. Programmatic questions [FR Doc. 99–18501 Filed 7–19–99; 8:45 am] desiring to present oral statements should be directed to Mr. Philip Gulak, BILLING CODE 4910±13±M should notify the person listed above Occupant Protection Division, NHTSA,

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Room 5118 (NTS–12), 400 7th Street, (Memorial Day and Thanksgiving enforcement been implemented in a S.W., Washington, D.C., 20590 (202) holidays). more uniform fashion in every state, the 366–2725. Interested applicants are impact would likely have been much Objectives advised that no separate application greater. package exists beyond the contents of To help achieve the new national seat In order to demonstrate the potential this announcement. belt goals, NHTSA seeks to establish of periodic, highly visible enforcement SUPPLEMENTARY INFORMATION: cooperative efforts between NHTSA and in a more controlled environment, the qualified major metropolitan law State of North Carolina implemented its Background enforcement agencies to increase the use Click-It or Ticket program in 1993. In Each year, approximately 42,000 of seat belts and child safety seats. this program, waves of coordinated and Americans die in traffic crashes and Specific objectives for this cooperative highly publicized enforcement efforts another three million are injured. Sadly, agreement program will be to support (i.e., checkpoints) were implemented in many of these deaths and injuries could the BUA campaign by increasing every county. As a result, seat belt use have been prevented if the victims had periodic waves of high visibility increased statewide, from 65 percent to been wearing seat belts or were properly enforcement and promoting over 80 percent, in just a few months. restrained in child safety seats. participation in Operation: America This program provided the clearest Seat belts, when properly used, are 45 Buckles Up Children (ABC) national possible evidence to demonstrate the percent effective in preventing deaths in mobilizations (May and November). potential of highly visible enforcement potentially fatal crashes and 50 percent 1. Periodic ‘‘Waves’’ of High Visibility to increase seat belt use in a large effective in preventing serious injuries. Enforcement jurisdiction. No other safety device has as much potential for immediately preventing The history of efforts to increase seat 2. National Mobilizations deaths and injuries in motor vehicle belt use in the U.S. and Canada suggests that highly visible enforcement of seat National law enforcement crashes. The current level of seat belt mobilizations have also proven effective use across the nation prevents more belt laws must be the core of any successful program to increase seat belt in increasing seat belt use. The BUA than 9,500 deaths and well over 200,000 campaign supports two national injuries annually. Through 1997, more use. No State has ever achieved a high seat belt use rate without such a mobilizations each year (Memorial Day than 100,000 deaths and an estimated and Thanksgiving holidays). During the 2.5 million serious injuries have been component. Canada currently has a national seat 1998 mobilizations conducted prevented by seat belt use. throughout the week surrounding But, seat belt use rates and the belt use rate well above 90 percent. Memorial Day and the week resulting savings could be much higher. Nearly every province first attempted to surrounding Thanksgiving, between As of 1998, the average use rate among increase seat belt use through voluntary 4,000 and 5,000 law enforcement States in the U.S. was still well below approaches involving public agencies participated in Operation ABC. the goal of 85 percent announced by the information and education. These Their efforts were covered by several President for the year 2000 and at least efforts were effective in achieving only a dozen States have use rates below 60 very modest usage rates (no higher than hundred national and local television percent. On the other hand, use rates of 30 percent). By 1985, it became obvious organizations in all major media 85–95 percent are a reality in most to Canadian and provincial officials that markets. More than 1,500 print articles developed nations with seat belt use additional efforts would be needed to were written in response to each laws, and at least six States and the achieve levels of 80 percent or greater. mobilization. As a result of the May District of Columbia achieved use rates These efforts, mounted from 1985 to mobilization, seat belt use increased greater than 80 percent in 1998. A 1995, centered around highly publicized significantly nationwide as more than national use rate of 90 percent, among ‘‘waves’’ of enforcement, a technique 6,000,000 motorists were convinced to front seat occupants of all passenger that had already been shown to increase buckle up. Since that time, seat belt use vehicles, would result in prevention of seat belt use in Elmira, New York. When has continued to increase significantly. an additional 5,500 deaths and 13,000 these procedures were implemented in NHTSA Involvement serious injuries annually. This would the Canadian provinces, seat belt use translate into a $9 billion reduction in generally increased from about 60 NHTSA will be involved in all societal costs, including 356 million for percent to well over 80 percent, within activities undertaken as part of the Medicare and Medicaid. a period of 3–5 years. cooperative agreement program and In April 1997, the Buckle Up America The Canadian successes using will: (BUA) campaign established ambitious periodic, highly visible ‘‘waves’’ of 1. Provide a Contracting Officer’s national goals: (a) To increase seat belt enforcement, as well as successes of Technical Representative (COTR) to use to 85 percent and reduce child- such efforts implemented in local participate in the planning and related fatalities (0–4 years) by 15 jurisdictions in the U.S., prompted management of the cooperative percent by the year 2000; and (b) to NHTSA to implement Operation Buckle agreement and to coordinate activities increase seat belt use to 90 percent and Down (also called the ‘‘70’’ by ‘‘92’’ between the selected major metropolitan reduce child-related fatalities by 25 Program) in 1991. This two-year law enforcement agencies and NHTSA; percent by the year 2005. This campaign program focused on Special Traffic 2. Provide information and technical advocates a four-part strategy: (1) Enforcement Programs (STEPs) to assistance from government sources, Building public-private partnerships; (2) increase seat belt use. It was followed by within available resources and as enacting strong legislation; (3) a national usage rate increase from determined appropriate by the COTR; maintaining high visibility law about 53 percent in 1990 to 62 percent 3. Act as a liaison between the enforcement; (4) and conducting by the end of 1992 (as measured by a selected metropolitan law enforcement effective public education. Central to weighted aggregate of State surveys). agencies and with other government and this Campaign’s successes is the Neither the level of enforcement nor its private agencies as appropriate; and implementation of two major public visibility was uniform in every 4. Stimulate the exchange of ideas and enforcement mobilizations each year State. Had these ‘‘waves’’ of information among cooperative

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Applications must for which the law enforcement months) should address what is include a reference to NHTSA Program agency has traffic enforcement proposed and can be accomplished No. NTS–01–9–05102. The proposal jurisdiction and evidence of during that period. shall not exceed 25 pages, not including support of the enforcement Subject to the availability of funds, budget, letters of endorsement, and program. The project must have the the agency anticipates awarding up to re´sume´s. written support from the State four (4) cooperative agreements in the Highway Safety Agency; however amount of $250,000 each, totaling Application Contents additional written support may be $1,000,000. NHTSA may choose to The application package must be provided from Mayoral, and other extend the period of performance under submitted with OMB Standard Form law enforcement agencies (with this agreement for an additional 12 424 (Rev. 4–88), Application for Federal overlapping jurisdictions). months, subject to the availability of Assistance, including 424A, Budget d. List the project activities in funds. If NHTSA elects to do so, it will Information—Nonconstruction Program, chronological order to show the notify the recipients within 50 days and 424B Assurances—Nonconstruction schedule or accomplishments and prior to the expiration of this agreement Programs, with the required information their target dates. and the recipient will submit a proposal filled in and the certified assurances e. An explanation demonstrating the for an additional 12 months of included. The OMB Standard Forms need for assistance. performance. Federal funding should be SF–424, SF–242A and SF424B may be f. Description of any unusual features, viewed as seed money to assist local law downloaded directly from the OMB such as design or technological enforcement agencies in the Internet web site, http:// innovations, reductions in cost or development of traffic safety initiatives. www.whitehouse.gov/WH/EOP/OMB/ time, or extraordinary social/ Monies allocated for cooperative Grants/. While the Form 424–A deals community involvement. agreements are not intended to cover all with budget information, and Section B 2. A description of the applicant’s of the costs that will be incurred in the identifies Budget Categories, the previous experience related to this process of completing the projects. available space does not permit a level proposed program effort, i.e., past Applicants should demonstrate a of detail which is sufficient to provide participation in highly publicized commitment of financial or in-kind for a meaningful evaluation of the enforcement or participation in the resources to the support of the proposed proposed costs. A supplemental sheet Operation ABC national seat belt projects. should be provided which presents a mobilizations. detailed breakdown of the proposed 3. An evaluation section which Eligibility Requirements costs (direct labor, including labor describes how the recipient will In order to be eligible to participate in categories, level of effort and rate; direct evaluate and measure the project this cooperative agreement program, an material, including itemized equipment; activities and outcomes. Describe applicant must be a metropolitan law travel and transportation, including the methods for assessing actual enforcement agency and must meet the projected trips and number of people results achieved. Outcomes can be following requirements: traveling; subcontracts/subgrants with documented in a number of ways —have jurisdiction to enforce traffic similar cost detail, if known; and (e.g., number of citations, seat belt safety laws within the metropolitan overhead costs), as well as any costs use surveys, level of earned media area; which the applicant proposes to coverage, etc.). Increases in —have support and political permission contribute in support of this effort. The observed seat belt and child safety from the Mayor or other chief budget should be a 1-year plan. Also, seat use are the ultimate measure of executive officer (in the form of a the application shall include a program success. Other measures may proclamation or letter of support) to narrative statement which addresses the include: (i) Increases in number of conduct seat belt enforcement with following: law enforcement personnel trained the metropolitan area; 1. A description of the project to be to enforce occupant protection —have a population of at least 400 pursued which provides: laws; (ii) increased metropolitan thousand within their metropolitan a. A detailed explanation of the participation in Operation ABC area’s jurisdiction; proposed strategy to increase seat enforcement mobilizations; (iii) —obtain written support from the belt use in the metropolitan area, increased perception of ongoing Governor’s Representative or his/her including methods for gaining enforcement and public education designee in the State Highway Safety support (both within the activities; (iv) incentive programs to Agency (SHSA) demonstrating that community and law enforcement complement enforcement efforts or the applicant’s proposal is consistent leadership). In addition, strategies (v) integration of occupant with the State’s overall plan; for participation in the operation protection enforcement activities ABC national mobilizations and with other local enforcement Application Procedure plans to conduct ‘‘waves’’ of highly activities. Data sources should be Each applicant must submit one publicized seat belt enforcement. A identified and collection and original and two copies of their description of efforts to address analysis approaches should be application package to: NHTSA, Office training needs (i.e., differential described. of Contracts and Procurement (NAD– enforcement or diversity 4. A statement of any technical 30), ATTN.: Joseph Comella, 400 7th sensitivity). assistance which the applicant may

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require of NHTSA in order to agreement to be borne by NHTSA and Issued on: July 15, 1999. successfully complete the proposed the in-kind contribution provided by the Rose A. McMurray, project. applicant as compared to the Associate Administrator for Traffic Safety 5. Identification of the proposed anticipated benefits. (See Application Programs. program coordinator and other key Contents paragraphs 5 and 6) [FR Doc. 99–18503 Filed 7–19–99; 8:45 am] personnel identified for BILLING CODE 4910±59±P participation in the proposed Terms and Conditions of Award project effort, including a 1. Prior to award, the recipient must description of their qualifications, DEPARTMENT OF TRANSPORTATION the nature of their contribution, and comply with the certification their respective organizational requirements of 49 CFR part 20, Surface Transportation Board responsibilities. Department of Transportation New 6. A detailed breakdown of the Restriction on Lobbying, and 49 [STB Finance Docket No. 33770] proposed costs, as well the CFR Part 29, Department of applicant’s financial or in-kind Transportation Government-wide Norfolk Southern Railway CompanyÐ resources to the support of the Debarment and Suspension Trackage Rights ExemptionÐGrand proposed projects. (Nonprocurement) and Trunk Western Railroad Incorporated Government-wide Requirements for Review Process and Criteria Grand Trunk Western Railroad Drug-Free Workplace (Grants). Incorporated (GTW), a wholly owned Initially, all applications will be subsidiary of Canadian National screened to ensure that they meet the 2. During the effective period of the cooperative agreement(s) awarded Railway Company (CN), has agreed to eligibility requirements. grant non-exclusive overhead trackage Each complete application from an as a result of this notice, the rights to Norfolk Southern Railway eligible recipient will then be evaluated agreement(s) shall be subject to Company (NSR) over a 4.4-mile segment by a Technical Evaluation Committee. NHTSA’s General Provisions for of GTW’s Shoreline Subdivision The applications will be evaluated using Assistance Agreements (7/95). between the proposed CN/Consolidated the following criteria: 3. Reporting Requirements 1 1. The potential of the proposed Rail Corporation (Conrail) connection project effort to significantly increase a. Monthly Reports, which shall be at approximately milepost 54.6 at the enforcement of seat belt laws, with due 15 days after the end of each Milwaukee Junction in Detroit, MI, and a corresponding increase in seat belt use month, shall be submitted to the existing CN connection with NSR at document project efforts and approximately milepost 50.2 at West within the major metropolitan area. (80 2 percent) results. The reports should include Detroit, MI. The evaluation will include the up to date information (including The transaction was expected to be proposed strategy for participating in summarizing accomplishments, consummated on or after July 7, 1999, the Operation: America Buckles Up obstacles and problems the effective date of the exemption (7 Children (ABC) national seat belt encountered, noteworthy activities) days after notice of the exemption was mobilizations and the applicant’s and should be suitable for public filed). proposed strategy to coordinate this dissemination. The Shoreline Subdivision runs effort with other law enforcement generally north-south through Detroit b. Final Report: The recipient shall and connects with NSR, CSXT, and agencies with overlapping jurisdictions. submit a final report summarizing The applicant’s ability to demonstrate Conrail lines in Detroit. The trackage the project effort within 30 days support from local government officials rights will permit NSR to move after the completion of the project. and national organizations will also be The final report will include an 1 considered in evaluating the potential By decision served July 23, 1998, the Board impact of the proposed project. (See evaluation section as proposed in approved, subject to certain conditions, the the initial proposal. An original and acquisition of control of Conrail, and the division Application Contents paragraphs 1, 2, 3, of the assets thereof, by CSX Corporation and CSX and 4) three copies of each of these reports Transportation, Inc. (referred to collectively as CSX) 2. The program management shall be submitted to the COTR. and Norfolk Southern Corporation and Norfolk experience and technical expertise of The recipient shall submit a draft Southern Railway Company (referred to collectively as NS). See CSX Corporation and CSX the proposed personnel and the final report to the NHTSA COTR 60 Transportation, Inc., Norfolk Southern Corporation financial merit of the proposed project days prior to end of the and Norfolk Southern Railway Company—Control (20 percent) performance period. The COTR will and Operating Leases/Agreements—Conrail Inc. Program management and technical review the draft report and provide and Consolidated Rail Corporation, STB Finance Docket No. 33388, Decision No. 89 (STB served July expertise will be estimated by reviewing comments to the recipient within 23, 1998). Acquisition of control of Conrail was the qualifications and experience of the 30 days of receipt of the document. effected by CSX and NS on August 22, 1998. The professional team, the various division of the assets of Conrail was effected by c. Briefing to NHTSA: The recipient disciplines represented, and the relative CSX and NS on June 1, 1999. See CSX Corporation may be requested to conduct an oral and CSX Transportation, Inc., Norfolk Southern level of effort proposed for professional, presentation of project activities for Corporation and Norfolk Southern Railway technical, contractual, and support staff. Company—Control and Operating Leases/ Consideration will be given to the the COTR and other interested Agreements—Conrail Inc. and Consolidated Rail adequacy of the organizational plan for NHTSA personnel. For planning Corporation, STB Finance Docket No. 33388, purposes, assume that these Decision No. 127 (STB served May 20, 1999). accomplishing the proposed project Conrail continues to operate rail properties in effort. Also, the adequacy of the presentations will be conducted at Michigan, New Jersey, and Pennsylvania. facilities, equipment, and other the NHTSA Office of Traffic and 2 A redacted version of the Trackage Rights resources identified to accomplish the Injury Control Programs, Agreement between GTW and NSR was filed with Washington, D.C. An original and the notice of exemption. The full version of the proposed project effort will be agreement was concurrently filed under seal along considered. Financial merit will be three copies of briefing materials with a motion for a protective order. The motion estimated by the cost of the cooperative shall be submitted to the COTR. will be addressed in a separate decision.

VerDate 18-JUN-99 18:17 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.XXX pfrm06 PsN: 20JYN1 38942 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Notices overhead traffic more safely, efficiently, forth in Oregon Short Line R. Co.— By the Board, David M. Konschnik, and quickly through the Detroit area. Abandonment—Goshen, 360 I.C.C. 91 Director, Office of Proceedings. As a condition to this exemption, any (1979). Vernon A. Williams, employees affected by the trackage By issuance of this notice, the Board Secretary. rights will be protected by the is instituting an exemption proceeding [FR Doc. 99–18215 Filed 7–19–99; 8:45 am] conditions imposed in Norfolk and pursuant to 49 U.S.C. 10502(b). A final BILLING CODE 4915±00±P Western Ry. Co.—Trackage Rights—BN, decision will be issued by October 18, 354 I.C.C. 605 (1978), as modified in 1999. Mendocino Coast Ry., Inc.—Lease and Any offer of financial assistance DEPARTMENT OF THE TREASURY Operate, 360 I.C.C. 653 (1980). (OFA) under 49 CFR 1152.27(b)(2) will This notice is filed under 49 CFR be due no later than 10 days after Internal Revenue Service 1180.2(d)(7). If the notice contains false service of a decision granting the or misleading information, the [INTL±941±86 and INTL±655±87] petition for exemption. Each offer must exemption is void ab initio. Petitions to be accompanied by a $1,000 filing fee. revoke the exemption under 49 U.S.C. Proposed Collection; Comment See 49 CFR 1002.2(f)(25). 10502(d) may be filed at any time. The Request for Regulation Project All interested persons should be filing of a petition to revoke will not AGENCY: Internal Revenue Service (IRS), aware that, following abandonment of automatically stay the transaction. Treasury. An original and 10 copies of all rail service and salvage of the line, the ACTION: Notice and request for pleadings, referring to STB Finance line may be suitable for other public comments. Docket No. 33770, must be filed with use, including interim trail use. Any the Surface Transportation Board, Office request for a public use condition under SUMMARY: The Department of the of the Secretary, Case Control Unit, 1925 49 CFR 1152.28 or for trail use/rail Treasury, as part of its continuing effort K Street, NW, Washington, DC 20423– banking under 49 CFR 1152.29 will be to reduce paperwork and respondent 0001. In addition, a copy of each due no later than August 9, 1999. Each burden, invites the general public and pleading must be served on James R. trail use request must be accompanied other Federal agencies to take this Paschall, Three Commercial Place, by a $150 filing fee. See 49 CFR opportunity to comment on proposed Norfolk, VA 23510–2191. 1002.2(f)(27). and/or continuing information Board decisions and notices are All filings in response to this notice collections, as required by the available on our website at must refer to STB Docket No. AB–33 Paperwork Reduction Act of 1995, Pub. ‘‘WWW.STB.DOT.GOV.’’ (Sub-No. 138X) and must be sent to: (1) L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Decided: July 13, 1999. Surface Transportation Board, Office of Currently, the IRS is soliciting By the Board, David M. Konschnik, the Secretary, Case Control Unit, 1925 K comments concerning an existing notice Director, Office of Proceedings. Street, NW, Washington, DC 20423– of proposed rulemaking, INTL–941–86, Vernon A. Williams, 0001; and (2) Joseph D. Anthofer, 1416 and temporary regulation, INTL–655–87 Secretary. Dodge Street, Room 830, Omaha, NE (TD 8178), Passive Foreign Investment 68179–0830. Replies to the UP petition [FR Doc. 99–18329 Filed 7–19–99; 8:45 am] Companies (§§ 1.1294–1T and 1.1297– are due on or before August 9, 1999. BILLING CODE 4915±00±P 3T). Persons seeking further information DATES: Written comments should be concerning abandonment procedures received on or before September 20, DEPARTMENT OF TRANSPORTATION may contact the Board’s Office of Public 1999 to be assured of consideration. Services at (202) 565–1592 or refer to ADDRESSES: Direct all written comments Surface Transportation Board the full abandonment or discontinuance to Garrick R. Shear, Internal Revenue [STB Docket No. AB±33 (Sub±No. 138X)] regulations at 49 CFR part 1152. Service, room 5244, 1111 Constitution Questions concerning environmental Avenue NW., Washington, DC 20224. issues may be directed to the Board’s Union Pacific Railroad CompanyÐ FOR FURTHER INFORMATION CONTACT: Section of Environmental Analysis Abandonment ExemptionÐin Adams Requests for additional information or County, CO (SEA) at (202) 565–1545. [TDD for the hearing impaired is available at (202) copies of the regulation should be On June 30, 1999, Union Pacific 565–1695.] directed to Carol Savage, (202) 622– 3945, Internal Revenue Service, room Railroad Company (UP) filed with the An environmental assessment (EA) (or Surface Transportation Board (Board) a 5242, 1111 Constitution Avenue NW., environmental impact statement (EIS), if Washington, DC 20224. petition under 49 U.S.C. 10502 for necessary) prepared by SEA will be exemption from the provisions of 49 served upon all parties of record and SUPPLEMENTARY INFORMATION: U.S.C. 10903 to abandon a line of upon any agencies or other persons who Title: Passive Foreign Investment railroad known as the Boulder Branch, commented during its preparation. Companies. OMB Number: 1545–1028. from Engineering Station 8+00 to the Other interested persons may contact Regulation Project Number: INTL– end of the line at Engineering Station SEA to obtain a copy of the EA (or EIS). 941–86 (Notice of Proposed 32+21, a distance of 2,421 feet at EAs in these abandonment proceedings Rulemaking); INTL–655–87 (Temporary Brighton, Adams County, CO. The line normally will be made available within regulation). traverses U.S. Postal Service Zip Code 60 days of the filing of the petition. The Abstract: These regulations specify 80601. There are no stations on the line. deadline for submission of comments on The line does not contain federally how United States persons who are the EA will generally be within 30 days granted rights-of-way. Any shareholders of passive foreign of its service. documentation in UP’s possession will investment companies (PFICs) make be made available promptly to those Board decisions and notices are elections with respect to their PFIC requesting it. available on our website at stock. The interest of railroad employees ‘‘WWW.STB.DOT.GOV.’’ Current Actions: There is no change to will be protected by the conditions set Decided: July 12, 1999. these existing regulations.

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Type of Review: Extension of a SUMMARY: The Department of the in the administration of any internal currently approved collection. Treasury, as part of its continuing effort revenue law. Generally, tax returns and Affected Public: Business or other for- to reduce paperwork and respondent tax return information are confidential, profit organizations. burden, invites the general public and as required by 26 U.S.C. 6103. Estimated Number of Respondents: other Federal agencies to take this Request for Comments 275,000. opportunity to comment on proposed Estimated Time Per Respondent: 25 and/or continuing information Comments submitted in response to minutes. collections, as required by the this notice will be summarized and/or Estimated Total Annual Burden Paperwork Reduction Act of 1995, Pub. included in the request for OMB Hours: 112,500. L. 104–13 (44 U.S.C. 3506(c)(2)(A)). approval. All comments will become a The following paragraph applies to all Currently, the IRS is soliciting matter of public record. Comments are of the collections of information covered comments concerning Form 10001, invited on: (a) Whether the collection of by this notice: Request for Closing Agreement Relating information is necessary for the proper An agency may not conduct or to Advance Refunding Issue Under performance of the functions of the sponsor, and a person is not required to Sections 148 and 7121 and Rev. Proc. agency, including whether the respond to, a collection of information 96–41. information shall have practical utility; (b) the accuracy of the agency’s estimate unless the collection of information DATES: Written comments should be of the burden of the collection of displays a valid OMB control number. received on or before September 20, information; (c) ways to enhance the Books or records relating to a collection 1999 to be assured of consideration. of information must be retained as long quality, utility, and clarity of the ADDRESSES: Direct all written comments information to be collected; (d) ways to as their contents may become material to Garrick R. Shear, Internal Revenue in the administration of any internal minimize the burden of the collection of Service, room 5571, 1111 Constitution information on respondents, including revenue law. Generally, tax returns and Avenue NW., Washington, DC 20224. tax return information are confidential, through the use of automated collection as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: techniques or other forms of information Requests for additional information or technology; and (e) estimates of capital Request for Comments copies of the form and instructions or start-up costs and costs of operation, Comments submitted in response to should be directed to Faye Bruce, (202) maintenance, and purchase of services this notice will be summarized and/or 622–6665, Internal Revenue Service, to provide information. room 5577, 1111 Constitution Avenue included in the request for OMB Approved: July 12, 1999. NW., Washington, DC 20224. approval. All comments will become a Garrick R. Shear, SUPPLEMENTARY INFORMATION: matter of public record. Comments are IRS Reports Clearance Officer. invited on: (a) Whether the collection of Title: Request for Closing Agreement [FR Doc. 99–18491 Filed 7–19–99; 8:45 am] information is necessary for the proper Relating to Advance Refunding Issue performance of the functions of the Under Sections 148 and 7121 and Rev. BILLING CODE 4830±01±P agency, including whether the Proc. 96–41. OMB Number: 1545–1492. information shall have practical utility; DEPARTMENT OF THE TREASURY (b) the accuracy of the agency’s estimate Form Number: 10001. of the burden of the collection of Abstract: Form 10001 is used in Internal Revenue Service information; (c) ways to enhance the conjunction with a closing agreement quality, utility, and clarity of the program involving certain issuers of tax- Proposed Collection; Comment information to be collected; (d) ways to exempt advance refunding bonds. Request for Forms W±2, W±2c, W±2AS, minimize the burden of the collection of Revenue Procedure 96–41 established W±2GU, W±2VI, W±3, W±3c, W±3cPR, information on respondents, including this voluntary compliance program and W±3PR, and W±3SS through the use of automated collection prescribed the filing of Form 10001 to AGENCY: Internal Revenue Service (IRS), techniques or other forms of information request a closing agreement. Treasury. technology; and (e) estimates of capital Current Actions: There are no changes ACTION: or start-up costs and costs of operation, being made to the form at this time. Notice and request for maintenance, and purchase of services Type of Review: Extension of a comments. to provide information. currently approved collection. Affected Public: State, local or tribal SUMMARY: The Department of the Approved: July 14, 1999. governments, and not-for-profit Treasury, as part of its continuing effort Garrick R. Shear, institutions. to reduce paperwork and respondent IRS Reports Clearance Officer. Estimated Number of Responses: 100. burden, invites the general public and [FR Doc. 99–18490 Filed 7–19–99; 8:45 am] Estimated Time Per Response: 3 other Federal agencies to take this opportunity to comment on proposed BILLING CODE 4830±01±P hours. Estimated Total Annual Burden and/or continuing information Hours: 300. collections, as required by the DEPARTMENT OF THE TREASURY The following paragraph applies to all Paperwork Reduction Act of 1995, Pub. of the collections of information covered L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Internal Revenue Service by this notice: Currently, the IRS is soliciting An agency may not conduct or comments concerning Forms W–2, W– Proposed Collection; Comment sponsor, and a person is not required to 2c, W–2AS, W–2GU, W–2VI, W–3, W– Request for Form 10001 respond to, a collection of information 3c, W–3cPR, W–3PR, and W–3SS. DATES: AGENCY: Internal Revenue Service (IRS), unless the collection of information Written comments should be Treasury. displays a valid OMB control number. received on or before September 20, Books or records relating to a collection 1999 to be assured of consideration. ACTION: Notice and request for of information must be retained as long ADDRESSES: Direct all written comments comments. as their contents may become material to Garrick R. Shear, Internal Revenue

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Service, room 5244, 1111 Constitution Type of Review: Extension of a quality, utility, and clarity of the Avenue NW., Washington, DC 20224. currently approved collection. information to be collected; (d) ways to FOR FURTHER INFORMATION CONTACT: Affected Public: Business or other for- minimize the burden of the collection of Requests for additional information or profit organizations individuals, or information on respondents, including copies of the form and instructions households, not-for-profit institutions, through the use of automated collection should be directed to Carol Savage, farms, and Federal, state, local or tribal techniques or other forms of information (202) 622–3945, Internal Revenue governments. technology; and (e) estimates of capital Service, room 5242, 1111 Constitution Estimated Number of Responses: or start-up costs and costs of operation, Avenue NW., Washington, DC 20224. 253,007,121. maintenance, and purchase of services SUPPLEMENTARY INFORMATION: Estimated Time Per Response: Varies. to provide information. Title: W–2 (Wage and Tax Statement), Estimated Total Annual Burden Approved: July 13, 1999. W–2c (Corrected Wage and Tax Hours: 133,959,675. Statement), W–2AS (American Samoa The following paragraph applies to all Garrick R. Shear, Wage and Tax Statement), W–2GU of the collections of information covered IRS Reports Clearance Officer. (Guam Wage and Tax Statement), W– by this notice: [FR Doc. 99–18492 Filed 7–19–99; 8:45 am] An agency may not conduct or 2VI (U.S. Virgin Islands Wage and Tax BILLING CODE 4830±01±P Statement), W–3 (Transmittal of Wage sponsor, and a person is not required to and Tax Statements), W–3c (Transmittal respond to, a collection of information of Corrected Wage and Tax Statements), unless the collection of information DEPARTMENT OF THE TREASURY W–3PR (Informe de Comprobantes de displays a valid OMB control number. Retencion), W–3cPR (Transmision de Books or records relating to a collection Internal Revenue Service Comprobantes de Retencion of information must be retained as long Corregidos), and W–3SS (Transmittal of as their contents may become material Quarterly Publication of Individuals, Wage and Tax Statements). in the administration of any internal Who Have Chosen To Expatriate, as OMB Number: 1545–0008. revenue law. Generally, tax returns and Required by Section 6039G Form Number: Forms W–2, W–2c, W– tax return information are confidential, 2AS, W–2GU, W–2VI, W–3, W-3c, W– as required by 26 U.S.C. 6103. AGENCY: Internal Revenue Service (IRS), 3cPR, W–3PR, and W–3SS. Request for Comments Treasury. Abstract: Employers report income and withholding information on Form Comments submitted in response to ACTION: Notice. W–2. Forms W–2AS, W–2GU and W– this notice will be summarized and/or 2VI are variations of Form W–2 for use included in the request for OMB SUMMARY: This notice is provided in in U.S. possessions. The Form W–3 approval. All comments will become a accordance with IRC section 6039G, as series is used to transmit W–2 series matter of public record. Comments are amended, by the Health Insurance forms to the Social Security invited on: (a) Whether the collection of Portability and Accountability Act Administration. Forms W–2c, W–3c and information is necessary for the proper (HIPAA) of 1996. This listing contains W–3cPR are used to correct previously performance of the functions of the the name of each individual losing filed Forms W–2, W–3, and W–3PR. agency, including whether the United States citizenship (within the Individuals use Form W–2 to prepare information shall have practical utility; meaning of section 877(a)) with respect their income tax returns. (b) the accuracy of the agency’s estimate to whom the Secretary received Current Actions: There are no changes of the burden of the collection of information during the quarter ending being made to these forms at this time. information; (c) ways to enhance the June 30, 1999.

Last name First name Middle name

ADAMS ...... WASHINGTON ...... ALLEN ...... CHRISTOPHER ...... SAMUEL ALLEN ...... MIA ...... LIZBET BARILI ...... OK ...... PUN BARTLETT ...... CHARLES ...... THOMAS BARTLETT ...... INGEBURG ...... ALICE BEAUCHAMP ...... DAMON ...... LEE BIESANZ ...... BARRY ...... CHARLES BOHANNON ...... GAIL ...... BOHN ...... ROBERT ...... MURRAY BOND ...... DAVID ...... ANTHONY BOND ...... DAVID ...... ANTHONY CABBETT-SIIMPSON ...... JEREMY ...... JOHN CARRASCO ...... RANDI ...... CECIL ...... ROBERT ...... SALISBURY CHUNG ...... STEPHEN ...... CHIN-KIANG CORTEZ ...... ALLAN ...... DWIGHT DAVIS ...... TAURUS ...... MICHAEL DE BEDIS ...... ANTHONY ...... PETERS DE GASPE BEAUBIEN ...... FRANCOIS ...... MERCIER DE GASPE BEAUBIEN ...... PHILIPPE ...... AUBERT DE LIA ...... SPARTACUS ...... DE SMOURS ...... LUIGI ...... DUSMET DEMMERLE ...... RICHARD ...... ROLF ECSERY-MERRENS ...... FRANCESCA ...... EVA ESSELSTROM ...... JAN ...... UNO FERGUSON ...... LARRY ...... WYLLIS

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Last name First name Middle name

FIND ...... NATASCHA ...... BRIGIT FLEMING ...... DENNIS ...... STOCKDALE FONDAS-MITROGIANNIS ...... GABRIELLA ...... SOPHIA FRITH ...... ALEXANDER ...... JOHN GARBER ...... SYLVIA ...... LOUISE GARDNER ...... WILLA ...... JOSEPHINE GOLDEN-BJORNDAHL ...... CAROL ...... ANNE GRAYKEN ...... JOHN ...... PATRICK GRONIK ...... RICHARD ...... ALLEN GROVES ...... KAREN ...... LOUISE GRUYICH ...... MICHAEL ...... SAINOVICH GULLAND ...... SANDRA ...... LEE GULLICHISEN ...... ERIC ...... ALEXANDER HAYASHI ...... KAZUKO ...... HIEP ...... LAM ...... MINH HIRAYAMA ...... KAORU. HUFF ...... CATHY ...... SHERMAN HUISSEN ...... HAYATO ...... MICHAEL HUISSEN ...... HITOMI ...... MICHELLE JARRETT-GOODNOW ...... JACQUELINE ...... MARY JISKRA ...... MICHAL ...... KIM ...... ANGELA ...... KIM ...... MYUNG ...... NAM KOBAYASHI ...... TORU ...... KRIEBLE ...... ROBERT ...... H. KWAN ...... YUK ...... NOAN LACHANCE ...... MARC ...... RICHARD LATSIS ...... JOHN ...... SPIRO LEE ...... JENNIFER ...... KYUNGAHE LEE ...... KATIE ...... MI LIU ...... CHUNG ...... LAUNG LOVRET ...... DAVID ...... MICHAEL LYNGBORG, NEE OFFNER ...... VLASTA ...... STANKA MACDONALD-MILLER ...... JOHN ...... ANGUS MAKI ...... ROBERT ...... ANTONOVICH MARTIN ...... ANTHONY ...... VICTOR MATHIESEN ...... HELLE ...... MARI MOREDCHAY ...... IRYAH ...... HEUMAN NIELSEN, NEE PAPARIELLO ...... CATHERINE ...... OFSTAD ...... ELIZABETH ...... BAUMANN PAK ...... KIEJOON ...... PANNY ...... ROLF ...... ERNST PARK ...... KEY ...... SOOK PARK ...... SEON ...... JA PIETILA ...... HELLEN ...... AMANDA PISCIOTTA ...... WALTER ...... JAMES PIXLEY ...... DANIEL ...... PLATT ...... ANNELISE ...... PRASHKER ...... DALIA ...... RAHMEYER ...... THEA ...... ROXANNE RANCK ...... JAMES ...... HUTCHISON RASTALL ...... RICHARD ...... JOGE RIVERS-SARASIN ...... LORETTA ...... DAWN RO ...... VICTOR ...... RUMDEY (K±A YONATAN YEHUDA RAMNI) ...... JONATHAN ...... JEHUDA SANN ...... JOHN ...... SAWCHUK ...... DMYTRO ...... SELVAAG ...... OLAV ...... HINDAHL SIMPSON ...... MICHAEL ...... PHILLIP SMITH-AKA KYONG SUK CHO ...... KYONG ...... SUK SOLHEIM (NEE CARLSEN) ...... MARGARET ...... SONG ...... JASON ...... STEERS ...... INGE ...... MARIE-GABRIELE STROMKVIST ...... ERNST ...... OLA SUBLETT ...... SOO ...... JA SWEENEY ...... JOHN ...... EDWARD TEMPLE ...... MAKOTO ...... HUGHES TRAVOUSSIS ...... ALEXIA ...... FOTINI VAN KAN ...... MARGARET ...... HAYS WALRAVEN ...... PIETER ...... CORNELIS WATANABE ...... HIDEKI ...... WEBB ...... DAPHINE ...... PATRICIA WEBB ...... DAVID ...... FREDERICK WEIRSUUM ...... ROBERT ...... ROSS

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Last name First name Middle name

WESSEL±AAS ...... OLA ...... PEDER WONG ...... ARNOLD ...... CHI CHIU WYNNE ...... ROBERT ...... GRAVES YIM ...... KYUNG ...... BIN ZAHARA ...... CAROL ...... ANN

Approved: July 12, 1999. Counseling for the Elderly (TCE) assistance to elderly individuals. Doug Rogers, Program is August 27, 1999. Elderly individuals are defined as Chief, Special Projects & Support Branch, ADDRESSES: Application Packages may individuals age 60 and over at the close International District. be requested by contacting: Internal of their taxable year. [FR Doc. 99–18459 Filed 7–19–99; 8:45 am] Revenue Service, 5000 Ellin Road, Cooperative agreements will be BILLING CODE 4830±01±U Lanham, MD, 20706, Attention: Program entered into based upon competition Manager, Tax Counseling for the Elderly among eligible agencies and Program, OP:C:E:W:E, Building C–7, organizations. Because applications are DEPARTMENT OF THE TREASURY Room 185. being solicited before the FY 2000 FOR FURTHER INFORMATION CONTACT: Mrs. budget has been approved, cooperative Internal Revenue Service Lynn Tyler, OP:C:E:W:E, Building C–7, agreements will be entered into subject Tax Counseling for the Elderly (TCE) Room 185, Internal Revenue Service, to appropriation of funds. Once funded, Program, Availability of Application 5000 Ellin Road, Lanham, MD 20706. sponsoring agencies and organizations The non-toll-free telephone number is Packages will receive a grant from the IRS for (202) 283–0189. administrative expenses and to AGENCY: Internal Revenue Service (IRS), SUPPLEMENTARY INFORMATION: Authority reimburse volunteers for expenses Treasury. for the Tax Counseling for the Elderly incurred in training and in providing (TCE) Program is contained in Section tax return assistance. The Tax ACTION: Availability of TCE application 163 of the Revenue Act of 1978, Pub. L. Counseling for the Elderly (TCE) packages. 95–600, (92 Stat. 12810), November 6, Program is referenced in the Catalog of 1978. Regulations were published in the Federal Domestic Assistance in Section SUMMARY: This document provides Federal Register at 44 FR 72113 on 21.006. notice of the availability of Application December 13, 1979. Section 163 gives Dated: July 2, 1999. Packages for the 2000 Tax Counseling the IRS authority to enter into for the Elderly (TCE) Program. cooperative agreements with private or John B. Gunner, DATES: Application Packages are public non-profit agencies or National Director, Education, Walk-In, and available from the IRS at this time. The organizations to establish a network of Correspondence Improvement Division. deadline for submitting an application trained volunteers to provide free tax [FR Doc. 99–18388 Filed 7–19–99; 8:45 am] package to the IRS for the 2000 Tax information and return preparation BILLING CODE 4830±01±P

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Corrections Federal Register Vol. 64, No. 138

Tuesday, July 20, 1999

This section of the FEDERAL REGISTER DEPARTMENT OF ENERGY DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously published Presidential, Rule, Proposed Rule, Federal Energy Regulatory Federal Aviation Administration and Notice documents. These corrections are Commission prepared by the Office of the Federal Aviation Rulemaking Advisory Register. Agency prepared corrections are Committee Meeting on Aircraft issued as signed documents and appear in [Docket No. RP99±379±000] Certification Procedures Issues the appropriate document categories elsewhere in the issue. Dynergy Midstream Pipeline, Inc.; Correction Tariff Filing In notice document 99–16532, Correction beginning on page 34839 in the issue of Tuesday, June 29, 1999, make the In notice document 99–17690, following correction: beginning on page 37759 in the issue of On page 34839, in the second column, Tuesday, July 13, 1999, the docket in the ADDRESSES section, in the number should appear set forth above. second line, after ‘‘General Aviation [FR Doc. C9–17690 Filed 7–19–99; 8:45 am] Manufacturers’’, add ‘‘Association, 1400 BILLING CODE 1505±01±D K Street NW, Washington, DC 20005- 2485.’’ [FR Doc. C9–16532 Filed 7–19–99; 8:45 am] BILLING CODE 1505±01±D

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ENVIRONMENTAL PROTECTION raised after promulgation of the final separate copy of the comments also be AGENCY rule. In addition, the EPA is amending sent to the contact person listed below. other rule language to correct technical The docket is located at the above 40 CFR Part 63 omissions; to make specific address in Room M–1500, Waterside requirements consistent and up-to-date mall (ground floor). [FRL±6377±5] with recent decisions made by the Today’s document and other materials RIN 2060±AH96 Agency for other related air rules; and related to this direct final rulemaking to correct typographical, printing, and are available for review in the docket. National Emission Standards for grammatical errors. The amendments do Copies of this information may be Hazardous Air Pollutants for Source not significantly change the EPA’s obtained by request from the Air Docket Categories: Off-Site Waste and original projections for the rule’s by calling (202) 260–7548. A reasonable Recovery Operations environmental benefits, compliance fee may be charged for copying docket costs, burden on industry, or the materials. AGENCY: Environmental Protection number of affected facilities. Agency (EPA). FOR FURTHER INFORMATION CONTACT: Ms. DATES: Effective Date. This rule is Elaine Manning, Waste and Chemical ACTION: Direct final rule; amendments to effective on September 20, 1999 without Processes Group, Emission Standards rule. further notice, unless the EPA receives Division (MD–13), U.S. Environmental SUMMARY: The EPA is taking direct final adverse comment by August 19, 1999. If Protection Agency, Research Triangle action on amendments to the national we receive such comment, we will Park, NC, 27711, telephone number emission standards for hazardous air publish a timely withdrawal in the (919) 541–5499, facsimile number (919) pollutants (NESHAP) for off-site waste Federal Register informing the public 541–0246, electronic mail address and recovery operations (OSWRO) that that the rule will not take effect. ‘‘[email protected]’’. the EPA promulgated on July 1, 1996, ADDRESSES: Comments. Interested SUPPLEMENTARY INFORMATION: under authority of section 112 of the parties having adverse comments on Clean Air Act (CAA). The rule applies this action may submit these comments Regulated Entities to owners and operators of facilities that in writing (in duplicate, if possible) to Entities potentially regulated by this are major sources of hazardous air Docket No. A–92–16 at the following action include the following types of pollutants (HAP) and manage certain address: Air and Radiation Docket and facilities if the facility receives ‘‘off-site wastes, used oil, or used solvents Information Center (6102), U.S. material’’ as defined in the rule, and the received from off-site locations. The Environmental Protection Agency, 401 facility is determined to be a major EPA is amending specific provisions in M Street, SW, Room 1500, Washington, source of HAP emissions as defined in the rule to resolve issues and questions DC 20460. The EPA requests that a 40 CFR 63.2.

Category Examples of regulated entities

Industry ...... Businesses that receive waste, used oil, or used solvent from off-site locations and manage this material in any of the following waste management or recovery operations: hazardous waste treatment, storage, and disposal facilities (TSDF); hazardous wastewater treatment operations exempted from air emission control requirements in 40 CFR part 264 or 265; nonhazardous wastewater treatment facilities other than publicly-owned treatment works; used solvent recovery operations; recovery operations that recycle or reprocess hazardous waste and are exempted from regulation as a TSDF in 40 CFR part 264 or 265; and used oil re-refineries. Federal Government ...... Federal agency facilities that operate any of the waste management or recovery operations that meet the description of the entities listed under the ``Industry'' category in this table.

This table is not intended to be conducted at the facility. In these cases, facilities listed under SIC codes for exhaustive, but rather provides a guide the SIC code indicates the primary refuse systems, waste management, for readers regarding entities likely to be product produced or service provided at business services, miscellaneous regulated by this action. This table lists the facility rather than the presence of services, and nonclassifiable. Thus, the the types of entities that the EPA is now an off-site waste management or SIC code alone for a given facility does aware could potentially be regulated by recovery operation at the site which is not determine whether the facility is or this action. operated to support the predominate is not potentially subject to this rule. function of the facility. For example, To determine whether your facility is A comprehensive list of Standard regulated by the action, you should Industrial Classification (SIC) codes SIC code classifications likely to have off-site waste management or recovery carefully examine the applicability cannot be compiled for businesses criteria in § 63.680 under 40 CFR part operations at some (but not all) facilities potentially regulated by this action due 63, subpart DD. If you have questions include, but are not limited to, to the structure of the rule. The rule may regarding the applicability of this action be applicable to any business that petroleum refineries (SIC code 2911), to a particular entity, consult the person industrial organic chemical receives waste, used oil, or used solvent listed in the preceding FOR FURTHER from an off-site location and then manufacturing (SIC code 286x), plastic INFORMATION CONTACT section of this manages this material in one of the materials and synthetics manufacturing document. operations or processes specified in the (SIC code 282x), and miscellaneous rule. Thus, for many businesses subject chemical products manufacturing (SIC Internet to the rule, the regulated sources (i.e., code 289x). However, the EPA also is The text of today’s document is also off-site waste management or recovery aware of off-site waste management or available on the EPA’s web site on the operations) are only a small part of the recovery operations potentially subject Internet under recently signed rules at overall manufacturing process or service to the rule being located at a few the following address: http://

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38951 www.epa.gov/ttn/oarpg/rules.html. The C. Standards: General to control HAP emissions from certain EPA’s Office of Air and Radiation (OAR) D. Standards: Off-Site Material Treatment waste management and recovery homepage on the Internet also contains E. Standards: Tanks operations that are not subject to F. Standards: Process Vents a wide range of information on the air G. Standards: Closed-Vent Systems and Federal air standards under other toxics program and many other air Control Devices subparts in 40 CFR parts 61 or 63. pollution programs and issues. The H. Testing Methods and Procedures Subpart DD specifies the rule’s OAR’s homepage address is: http:// I. Inspection and Monitoring Requirements applicability, standards for affected www.epa.gov/oar/. J. Notification and Reporting Requirements sources, compliance requirements, and K. HAP List for Subpart DD Electronic Access and Filing Addresses reporting and recordkeeping provisions. IV. Amendments to Subpart OO—National In addition, subpart DD cross-references The official record for this Emission Standards for Tanks—Level 1 A. Definitions other subparts in 40 CFR part 63 for the rulemaking, as well as the public specific air emissions control version, has been established for this B. Standards—Tank Fixed Roof C. Test Methods and Procedures requirements to be used for affected rulemaking under Docket No. A–92–16 D. Inspection and Monitoring tanks, surface impoundments, (including comments and data Requirements containers, individual drain systems, submitted electronically). A public V. Amendments to Subpart PP—National and oil-water and organic-water version of this record, including Emission Standards for Containers separators. The cross-referenced printed, paper versions of electronic A. Definitions subparts are Subpart OO—National comments, which does not include any B. Test Methods and Procedures C. Inspection and Monitoring Emission Standards for Tanks—Level 1, information claimed as confidential Subpart PP—National Emission business information (CBI), is available Requirements VI. Amendments to Subpart QQ—National Standards for Containers, Subpart QQ— for inspection from 8 a.m. to 5:30 p.m., Emission Standards for Surface National Emission Standards for Surface Monday through Friday, excluding legal Impoundments Impoundments, Subpart RR—National holidays. The official rulemaking record A. Definitions Emission Standards for Individual Drain is located at the address listed in the B. Test Methods and Procedures Systems, and Subpart VV—National ADDRESSES section at the beginning of C. Inspection and Monitoring Emission Standards for Oil-Water Requirements this document. Separators and Organic-Water Interested parties having adverse VII. Amendments to Subpart RR—National Separators. comments on this action may submit Emission Standards for Individual Drain those comments electronically to the Systems Since the promulgation of the EPA’s Air and Radiation Docket and VIII. Amendments to Subpart VV—National OSWRO NESHAP, the EPA has received Emission Standards for Oil-Water many inquiries asking for the Agency’s Information Center at: ‘‘A-and-R- Separators and Organic-Water Separators [email protected].’’ Electronic comments interpretation of specific provisions of A. Definitions the rule. In addition, the Chemical must be submitted as an ASCII file B. Standards—Pressurized Separator avoiding the use of special characters C. Test Methods and Procedures Manufacturers Association (CMA), the and any form of encryption. Comments D. Inspection and Monitoring Environmental Technology Council and data will also be accepted on disks Requirements (ETC), and the Hazardous Waste in WordPerfect in 6.1 file format or IX. Administrative Requirements Management Association (HWMA) ASCII file format. All comments and A. Docket petitioned for judicial review of the B. Executive Order 12866: Regulatory final rule, as provided for in CAA data in electronic form must be Planning and Review identified by the docket number (A–92– section 307(b), with respect to certain C. Executive Order 12875: Enhancing the provisions regarding rule applicability, 16). No CBI should be submitted Intergovernmental Partnerships through electronic mail. Electronic D. Executive Order 13045: Protection of definitions, process vent standards, test comments may be filed online at many Children from Environmental Health methods, and inspection and Federal Depository Libraries. Risks and Safety Risks monitoring requirements. E. Executive Order 13084: Consultation To resolve issues and questions raised Judicial Review and Coordination with Indian Tribal after promulgation of the final rule, the Under section 307(b)(1) of the CAA, Governments EPA decided that technical amendments judicial review of an NESHAP is F. Unfunded Mandates Reform Act G. Regulatory Flexibility Act to subparts DD, OO, PP, QQ, RR, and VV available only by filing a petition for H. Paperwork Reduction Act in 40 CFR part 63 are appropriate and review in the U.S. Court of Appeals for I. Submission to Congress and the General to use a direct final rulemaking action the District of Columbia Circuit within Accounting Office to promulgate these amendments. Also, 60 days of today’s publication of this J. National Technology Transfer and as part of this action, the EPA is final rule. Under section 307(b)(2) of the Advancement Act amending other rule language to correct CAA, the requirements that are the I. Statutory Authority technical omissions; to make specific subject of today’s document may not be requirements consistent and up-to-date The statutory authority for this action challenged later in civil or criminal with recent EPA decisions made for is provided by sections 101, 112, 114, proceedings brought by the EPA to other related air rules; and to correct 116, and 301 of the CAA, as amended enforce these requirements. terminology, typographical, printing, (42 U.S.C. 7401 et seq.). Outline and grammatical errors. The II. Background amendments do not significantly change The information in this document is the EPA’s original projections for the organized as follows. The EPA, under 40 CFR part 63, subpart DD promulgated National rule’s compliance costs, environmental I. Statutory Authority Emission Standards for Hazardous Air benefits, burden on industry, or the II. Background number of affected facilities. III. Amendments to Subpart DD—National Pollutants from Off-Site Waste and Emission Standards for Off-Site Waste Recovery Operations (hereinafter The EPA is publishing these and Recovery Operations referred to as the ‘‘OSWRO NESHAP’’) amendments to subparts DD, OO, PP, A. Applicability on July 1, 1996 (see 61 FR 34140). The QQ, RR, and VV in 40 CFR part 63 B. Definitions OSWRO NESHAP establishes standards without prior proposal, because we

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 38952 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations view the amendments to be 1. ‘‘Off-Site Material’’ the OSWRO NESHAP, the Agency did noncontroversial and anticipate no The OSWRO NESHAP applies to not intend that subpart DD be applicable adverse comment. The amendments do those plant sites that are a ‘‘major to those waste management operations not change the substantive requirements source’’ as defined in 40 CFR 63.2 and that serve to consolidate multiple, small of the rule. However, in the ‘‘Proposed receive ‘‘off-site material’’ as specified hazardous waste shipments into a Rules’’ section of today’s Federal in subpart DD. For implementing the single, larger load which then can be Register publication, we are publishing OSWRO NESHAP, a material is an ‘‘off- more efficiently delivered to the final a separate document that will serve as site material’’ if the material meets all destination for the waste. For example, the proposal of the identical three of the criteria specified in a hazardous waste transporter may use amendments to these subparts if adverse § 63.680(b)(1). To clarify that a given a fleet of trucks to pickup small comments are filed. The amendments material must meet all three criteria to shipments of hazardous waste from will be effective 60 days from today’s be considered an ‘‘off-site material,’’ the many different waste generators; deliver date without further notice, unless we wording in § 63.680(b)(1)(ii) and these shipments to an interim transfer receive adverse comment by the date (b)(1)(iii) is revised by replacing the facility where the small shipments are unloaded; store the waste in the specified in the DATES section at the word ‘‘material’’ with the phrase shipping containers at the transporter’s beginning of this document. If the EPA ‘‘waste, used oil, or used solvent.’’ facility for a short period (10 days or receives adverse comment on these Section 63.680(b)(2) lists specific less); and then, when a sufficient amendments, we will publish a timely categories of wastes that are not quantity of waste has been collected, withdrawal in the Federal Register considered ‘‘off-site material’’ regardless consolidate the containers as a single informing the public that the if the waste contains HAP or is received from an off-site location. The rule load on another truck or railcar for amendments will not take effect. We shipment of the waste to the facility will address the comments in a language is amended to clarify the compliance liability of an owner or where the waste is to be treated or subsequent final rule based on the disposed. proposed rule. We will not institute a operator potentially subject to the OSWRO NESHAP but receiving a waste second comment period for these 2. Designation of Affected Sources that is exempted from the rule because amendments. Any parties interested in it is already complying with air Section 63.680(c) is revised to clarify commenting on the amendments must emission control requirements under for a plant site subject to the OSWRO do so at this time (see ADDRESSES the National Emission Standards for NESHAP which processes, units, and section at the beginning of this Benzene Waste Operations (40 CFR part equipment are designated as affected document). 61, subpart FF) or the National Emission sources under the rule. These III. Amendments to Subpart DD— Standards for Organic Hazardous Air amendments are format and editorial National Emission Standards for Off- Pollutants from the Synthetic Organic revisions that do not substantively change the affected sources regulated Site Waste and Recovery Operations Chemical Manufacturing Industry under 40 CFR part 63 (the HON). Section under the rule, but are made to clarify The EPA is amending 40 CFR part 63, 63.680(b)(2)(v) is revised to clarify that the EPA’s intent and improve ease of subpart DD, to clarify the Agency’s a waste is not an ‘‘off-site material’’ implementing these affected source intent for applying and implementing under the OSWRO NESHAP when it is designations. specific rule requirements and to correct transferred from a chemical First, the designation of ‘‘off-site unintentional omissions and editorial manufacturing plant or other facility material management units’’ in errors. Also, we are amending the subject to the HON provisions for § 63.680(c)(1) is revised to clarify that a OSWRO NESHAP to make the wastewater under 40 CFR part 63, given tank or container cannot be applicable provisions of the rule subpart G (i.e., § 63.132 through 63.147), subject to both the air standards for off- consistent (to the extent permissible and and the owner or operator of the facility site material management units (as practicable under the CAA) with a from which the waste is transferred applicable to the particular type of unit) related set of air standards for hazardous complies with the HON provisions in and for process vents. Language is waste treatment, storage, and disposal § 63.132(g). Similarly, § 63.680(b)(2)(vi) added to clarify that if a tank or facilities (TSDF) established under the is revised to clarify that a waste is not container is equipped with a vent that Resource Conservation Recovery Act an ‘‘off-site material’’ under the OSWRO serves as a process vent for one of the (RCRA) in 40 CFR part 264, subpart CC NESHAP when it is transferred from a six treatment processes specified in the and 40 CFR part 265, subpart CC. A chemical manufacturing plant, rule, then the unit is not part of the ‘‘off- site material management unit’’ affected summary of amendments to 40 CFR part petroleum refinery, or coke by-product source. Instead, the unit (i.e., the 63, subpart DD, and the rationale for the recovery plant subject to 40 CFR part 61, process vent on this unit) is subject to amendments is presented below. subpart FF, and the owner or operator of the facility from which the waste is the standards for process vents in A. Applicability transferred complies with the provisions § 63.683(c). The standards for off-site of § 61.342(f) of the Benzene Waste material management units in The EPA is amending § 63.680 to Operations NESHAP. § 63.683(b) do not apply to the unit. An clarify which types of materials received Finally, the list of wastes not example of such a case is the vent on at a plant site are ‘‘off-site materials’’ considered off-site material under the a distillate receiver vessel serving a and to clarify the designation of the OSWRO NESHAP is amended by adding distillation column used for affected sources at a plant site subject to another waste category under reprocessing used solvent. Although the the rule as discussed below. In addition, § 63.680(b)(2)(viii). This category is distillate receiver vessel meets the the EPA is extending the compliance RCRA hazardous waste stored for 10 definition for a ‘‘tank’’ in the rule, it is date by 7 months to February 1, 2000. days or less at a transfer facility and in not regulated as a tank under We believe this is appropriate to allow compliance with the provisions for § 63.683(b), but instead the vessel is affected sources time to comply with hazardous waste transporters in 40 CFR considered part of the ‘‘process vent’’ today’s amended rule. part 263. When the EPA was developing affected source.

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Second, the designation of ‘‘process The ‘‘process vent’’ definition is first point downstream of the treatment vents’’ in § 63.680(c)(2) is revised to revised to be consistent with revisions process exit is not a fugitive emission explicitly state the six types of treatment made to § 63.680(c)(2) designating the point due to an equipment leak from processes vented to the atmosphere that ‘‘process vent’’ affected sources under any of the following equipment are considered ‘‘process vent’’ affected the OSWRO NESHAP (see section components: pumps, compressors, sources under the OSWRO NESHAP. III.A.2 of this document). Additional valves, connectors, instrumentation The EPA intended the air standards for wording is also added to the definition systems, or safety devices. process vents under the OSWRO for a ‘‘process vent’’ to clarify that for Several definition amendments are NESHAP to apply to the same types of the purpose of implementing the made to clarify the requirements for air processes that the Agency regulates OSWRO NESHAP, a process vent is emission control equipment under under related RCRA air rules for process neither a vent used as a safety device (as § 63.693. The definition for a ‘‘control vents in 40 CFR part 264, subpart AA, defined in the rule) nor an open-ended device’’ is revised to clarify that a and 40 CFR part 265, subpart AA. These line or other vent that is subject to the control device means equipment used processes are distillation processes, rule’s equipment leak control for recovering, removing, oxidizing, or fractionation processes, thin-film requirements in § 63.691. destroying organic vapors. The evaporation processes, solvent A new definition is added for the term definition for a ‘‘cover’’ is revised to extraction processes, steam stripping ‘‘off-site material service’’ for use in the clarify that a cover must provide a processes, and air stripping. The revisions made to § 63.680(c)(3) continuous barrier over the off-site revision to § 63.680(c)(2) includes designating the equipment leak affected material, and that each cover opening detailed descriptions for each of the six sources under the OSWRO NESHAP (e.g., access hatches, sampling ports) treatment process types. The description (see section III.A.2 of this document). must be in the closed position when the included for each type of process is ‘‘Off-site material service’’ means any opening is not in use. A new definition consistent with the definition used by time when a pump, compressor, is added to the rule for the term ‘‘flow the EPA for the process under the RCRA agitator, pressure relief device, sampling indicator’’ in conjunction with air rules in 40 CFR part 264, subpart connection system, open-ended valve or amendments to the closed-vent system AA, and 40 CFR part 265, subpart AA. line, valve, connector, or standards in § 63.693(c) (see section Finally, the criteria designating which instrumentation system contains or III.G.1 of this document). A ‘‘flow equipment components are subject to contacts off-site material. indicator’’ means a device that indicates The definition for ‘‘HAP’’ or the equipment leak standards under the whether gas is flowing, or whether the ‘‘hazardous air pollutants’’ as used valve position would allow gas to flow OSWRO NESHAP are moved from throughout subpart DD is clarified. The in a bypass line. § 63.683(b)(3) to § 63.680(c)(3). This is a definition is revised to mean the Finally, the definition for a ‘‘safety format and editorial revision to facilitate specific organic chemical compounds, device’’ is amended to mean a closure ease of understanding and isomers, and mixtures listed in Table 1 device (e.g., a pressure relief valve, implementing the rule and does not of subpart DD. The definition for frangible disc, fusible plug) which change the criteria used to designate ‘‘volatile organic hazardous air pollutant functions to prevent physical damage or which equipment components are concentration’’ (also referred to as permanent deformation to equipment by subject to the leak standards under the ‘‘VOHAP concentration’’) is revised to venting gases or vapors from the rule. clarify that the VOHAP concentration of equipment during unsafe conditions B. Definitions an off-site material by definition is resulting from an unplanned, measured using Method 305 in 40 CFR accidental, or emergency event. The The amendments revise several part 63, appendix A. However, as an EPA has made this revision to the existing rule definitions and add two alternative to using Method 305, an wording of the definition to provide new definitions to § 63.681. These owner or operator may determine the owner and operator flexibility in the use definition changes are made in support HAP concentration of an off-site and location of these necessary devices. of other amendments that the EPA has material using any one of the alternative Wording changes clarify that a safety made to subpart DD to resolve test methods specified in device may be used on not just the air applicability issues and to clarify the § 63.694(b)(2)(ii). When one of these pollution control equipment operated to intent of certain standards under the alternative test methods is used to comply with the rule but also on the rule. determine the speciated HAP controlled source’s process and The definition for a ‘‘used solvent’’ as concentration of an off-site material, the ancillary equipment. Also, instead of used in § 63.680(b) to determine which individual compound concentration venting a safety device directly to the types of materials received at a plant may be adjusted by the corresponding atmosphere when emergency relief is site are ‘‘off-site materials’’ is revised to fm305 value listed in Table 1 of subpart necessary, a common practice at some mean a mixture of aliphatic DD to determine an equivalent VOHAP facilities is to vent the safety device hydrocarbons or a mixture of one and concentration. directly to equipment designed two ring aromatic hydrocarbons used as The definition for ‘‘point-of- specifically and solely to contain or a solvent which because of such use is treatment’’ is revised to clarify control the vented gases and vapors. contaminated by physical or chemical procedures for demonstrating The EPA made a second wording impurities. This wording revision is compliance with the off-site material change to clarify that the EPA did not made to clarify that only solvents treatment standards in § 63.684. ‘‘Point- intend to preclude from the control considered under the rule to be an ‘‘off- of-treatment’’ is revised to mean the equipment operating conditions allowed site material’’ are those spent or point after the treated material exits the under the rule, the opening of a safety otherwise contaminated solvents treatment process but before the first device when used with additional safety resulting from use by a consumer (e.g., point downstream of the process where equipment. solvents used for cleaning, degreasing, the organic constituents in the treated paint stripping, etc.) and subsequently material have the potential to volatilize C. Standards: General returned to a facility for recycling or and be released to the atmosphere. For Several revisions are made to the reprocessing. applying this definition to the rule, the exemptions from air standards allowed

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 38954 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations under the OSWRO NESHAP for ‘‘off-site amendments provides a detailed achieved for the low flow, low organic material management unit’’ and discussion of this provision, how it HAP concentration vent streams ‘‘process vent’’ affected sources. These interacts with the RCRA LDR, and how typically emitted from processes amendments do not significantly change the EPA interprets the application of regulated by the OSWRO NESHAP is the HAP emission reductions and the this exemption in specific situations limited, in practical terms, by the implementation costs expected for the (see 62 FR 64643). The EPA is amending technical limitations of conventional air rule. Also, the format and organization § 63.683(b)(2)(iv) by adopting the same pollution control devices and the costs used for the section is revised to rule language used for the provision in to overcome these limitations. improve the ease of understanding and the RCRA air rules. The EPA reconsidered the potential applying the standards. The HAP emission reduction levels 2. Process Vent Exemptions requirements and exemptions are achievable when conventional air grouped together by affected source Amendments for process vents in emission control devices are applied to type. For example, all of the § 63.683(c) add new provisions to low flow, low organic HAP requirements and exemptions exempt certain vents that are part of a concentration vent streams from applicable to off-site material ‘‘process vent’’ affected source from the OSWRO processes. The EPA decided management units are now found in air rule standards. Three specific that it is reasonable and appropriate to § 63.683(b). exemptions for process vents are exempt from the air emission control provided in the amended rule. These requirements under the OSWRO 1. Off-Site Material Management Unit exemptions do not significantly change NESHAP those process vent streams for Exemptions the level of HAP emission reduction which the potential for HAP emission Amendments are made to two of the achieved under the OSWRO NESHAP reduction is small and the application of exemptions for off-site material for process vents. conventional air emission control management units in § 63.683(b). First, The first exemption is added to be devices is not practical. the exemption in § 63.683(b)(2)(iii) for a consistent with an exemption already To exempt very low flow rate vent tank or surface impoundment used for provided in the rule for off-site material streams, the EPA selected an approach a biological treatment process is revised management units. A process vent is consistent with the approach the to eliminate a redundant qualification exempted from the air emission control Agency has used for other NESHAP to condition. As originally published, to requirements of the OSWRO NESHAP if exempt these types of process vent qualify for this exemption the OSWRO the HAP emissions from the vent are streams. A process vent is exempted NESHAP required an owner or operator already being controlled in compliance from the air emission control to demonstrate that the biological with the provisions specified in another requirements of the OSWRO NESHAP if treatment process achieves two subpart in 40 CFR part 61 or 40 CFR the owner or operator determines the conditions: (1) an overall HAP reduction part 63. process vent stream flow rate to be less efficiency of 95 percent or more, and (2) The EPA is also adding exemptions than 0.005 standard cubic meters per a HAP biodegradation efficiency of 95 for certain process vent streams with minute. Considering the range of the percent or more. Upon review of this low flow, low HAP concentration vent stream organic HAP concentrations requirement, the EPA concluded that characteristics, in response to comments typically emitted from the types of demonstrating a HAP biodegradation received after promulgation of the rule, processes regulated by the OSWRO efficiency of 95 percent or more also regarding the technical difficulty and NESHAP, the potential HAP emission means that the process achieves an high cost of controlling these process reductions achieved by controlling overall HAP reduction efficiency of at vent streams to achieve standards under process vent streams below this flow least 95 percent. Consequently, the OSWRO NESHAP. The EPA rate cutoff value are extremely low requiring an owner or operator electing acknowledges that, under certain regardless of the organic HAP to qualify for this exemption to perform circumstances, it may be technically concentration level. the determination of overall HAP difficult and costly to control a low The EPA decided that it is not reduction efficiency is unnecessary. flow, low HAP concentration vent appropriate to exempt OSWRO process Therefore, § 63.683(b)(2)(iii) is amended stream to a level that achieves the vent streams with flow rates greater than by deleting the requirement to standard for process vents specified in 0.005 standard cubic meters per minute demonstrate that the process achieves a the rule (i.e., removal or destruction of independent of considering the organic HAP reduction efficiency greater than or the HAP from each individual affected HAP concentration of the vent stream. equal to 95 percent. process vent gas stream by 95 percent or Even though a given process vent stream The exemption in § 63.683(b)(2)(iv) more on a mass basis). For example, use has a low organic HAP concentration, for an off-site material management unit of a thermal vapor incinerator to control the level of total organic HAP emissions in which RCRA hazardous waste is a low flow, low organic HAP to the atmosphere can still be managed according to the applicable concentration vent stream may only substantial if the gas stream volume conditions specified by the RCRA Land achieve a 95 percent emission reduction emitted is moderately high. Considering Disposal Restrictions (LDR) in 40 CFR by incurring the substantially higher the organic HAP concentration of part 268, is amended. This provision is equipment and operating costs required process vent streams for OSWRO revised to clarify application of the to overcome the technical limitations of sources, the EPA concluded that exemption to those situations when the enclosed combustion control devices. requiring control of those process vent off-site material is a type of hazardous Other conventional air emission control streams having both a flow rate below waste not prohibited from land disposal devices commonly used at existing 6.0 standard cubic meters per minute or is composed of a mixture of different OSWRO sources (e.g., carbon adsorbers, and a total organic HAP concentration hazardous wastes. The EPA previously condensers, catalytic vapor incinerators) less than 20 parts per million by volume addressed this question in amendments also have technological constraints (ppmv) does not provide sufficient HAP to related RCRA air rules in 40 CFR part relative to controlling low flow, low emission reductions from these sources 264, subpart CC and 40 CFR part 265, concentration vent streams. to justify the substantial compliance subpart CC (see 62 FR 64636, December Consequently, the level of potential costs for the OSWRO facility owner and 8, 1997). The preamble to these HAP emission reduction that can be operator. Therefore, the EPA is

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38955 amending the OSWRO NESHAP to the material in an open tank or surface an alternative is added to the rule (see exempt those affected process vent impoundment before this material § 63.685(c)(2)(iii)) for the special streams having a flow rate less than 6.0 finally exits the process. circumstance when a tank is used as an standard cubic meters per minute and a Also in § 63.684(b)(3), a correction is interim transfer point to transfer off-site total HAP concentration in the vent made to the value of the HAP removal material from containers to another off- stream less than 20 ppmv. This process efficiency performance level required in site material management unit. An vent exemption requires that both the circumstances where the off-site example of such a tank is an in-ground process vent flow rate and the organic material stream entering the treatment tank into which organic-contaminated HAP concentration criteria be met to process has an average VOHAP debris is dumped from roll-off boxes or qualify for the exemption. concentration equal to or greater than dump trucks, and then this debris is 10,000 ppmw at the point-of-delivery. promptly transferred from the tank to a D. Standards: Off-Site Material The value for HAP removal efficiency macroencapsulation unit by a backhoe. Treatment performance level is corrected to read This alternative allows the cover to be Use of air emission controls for an 99 percent (not 95 percent as published removed during those periods of time affected off-site material management in July 1996). A treatment process can when the material transfer activity is unit or process vent is not required only meet the second condition of the occurring. At all other times, air under the OSWRO NESHAP if the HAP standard that requires the average emissions from the tank must be contained in the off-site material is VOHAP concentration of the off-site controlled in accordance with the removed or destroyed before placing the material at the point-of-treatment to be provisions specified in 40 CFR part 63, material in the affected unit. To comply less than 100 ppmw by achieving a HAP subpart OO—National Emission with this provision, the rule provides removal efficiency of at least 99 percent. Standards for Tanks—Level 1. The EPA alternative treatment standards in The biodegradation treatment previously included provisions for these § 63.684. Revisions are made to several alternative in § 63.684(b)(4) is amended types of tanks in the related air rules for of the alternative treatment standards to clarify that this alternative applies waste management units under the allowed under the rule. These only to a biological degradation RCRA subpart CC air rules in 40 CFR amendments do not significantly change treatment process conducted in open parts 264 and 265 (see docket A–92–16, the HAP emission reductions and the tanks or surface impoundments. Also, document VI–B–2). implementation costs expected for the consistent with the amendment made by The standards in § 63.685(b)(4) for a rule. the EPA to the exemption in tank that manages off-site material Some facility owners and operators § 63.683(b)(2)(iii) for a tank or surface having a maximum HAP vapor pressure misinterpreted the VOHAP impoundment used for biological that is equal to or greater than 76.6 concentration treatment alternative treatment (see section III.B.1 of this kilopascals (kPa) are amended to under § 63.684(b)(1)(ii), as published in document), § 63.684(b)(4)(i) is revised to provide two additional compliance the July 1996 version of the rule, to eliminate the redundant condition alternatives. These additional apply only to off-site material streams requiring determination of the overall compliance alternatives are using either with a VOHAP concentration less than HAP reduction efficiency for the (1) a pressure tank, or (2) a tank located 500 parts per million by weight (ppmw), biodegradation process. inside an enclosure vented through a and that the EPA was requiring Provisions are added in § 63.684(e)(4) closed vent system to an enclosed treatment of these low HAP streams requiring the owner or operator to combustion device. These two contrary to the general standards stated establish and implement a procedure to additional control alternatives provide a in § 63.683. This is not the EPA’s intent, monitor appropriate parameters that level of HAP emission control and the rule language is amended to demonstrate proper operation of a equivalent to the original control clarify that this alternative is used for biological treatment unit according to requirement (i.e., venting the tank the situation where the off-site material the evaluation required in § 63.694(h). directly to a control device), while at the entering a treatment process is Under this requirement, the owner or same time providing greater compliance composed of a mixture of off-site operator must list the operating flexibility to the owners and operators material streams having an average parameters monitored and state the subject to the rule. VOHAP concentration greater than 500 frequency of monitoring to ensure that The requirements in § 63.685(h) for ppmw with off-site material streams the biological treatment unit is owners and operators electing to use the having an average VOHAP operating between the minimum and Tank Level 2 control alternative of a concentration less than 500 ppmw. maximum operating parameter values to pressure tank are amended to allow the The HAP efficiency treatment establish that the unit is continuously purging of inert materials from the alternative in § 63.684(b)(3) is amended achieving the relevant performance pressure tank. Inert material purging is to clarify that this treatment alternative requirement. a short duration maintenance procedure is not applicable to a biological required by good engineering practice to degradation process conducted in open E. Standards: Tanks ensure proper operation of this type of tanks or surface impoundments (for The standards for a tank required tank system. open biodegradation processes an owner under § 63.685(b)(1) to use Tank Level The requirements in § 63.685(i) for or operator may comply with 1 controls are amended to provide two owners and operators electing to use the § 63.684(b)(4)). Demonstrating an overall alternatives for complying with the rule. Tank Level 2 control alternative of an HAP reduction efficiency for a treatment First, an alternative is added to the rule enclosure vented to an enclosed process that is open to the atmosphere (see § 63.685(c)(2)(ii)) to explicitly combustion control device are amended does not ensure that the HAP in the off- clarify that the owner or operator of the to add a provision allowing a safety site material is actually destroyed or tank may instead choose to use the more device to open anytime conditions removed. A portion or all of the volatile stringent Tank Level 2 controls to require it to do so to avoid an unsafe organic HAP constituents present when comply with the rule. The EPA’s intent condition. The EPA included this safety the off-site material enters the process is that an owner or operator may select provision for all of the other tank may volatilize directly to the a more stringent control level than the control alternatives under the OSWRO atmosphere from the exposed surface of minimum control requirement. Second, NESHAP, but the provision

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 38956 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations inadvertently was not included in the Section 63.693(c) is amended to using: (1) a thermal treatment unit using regulatory language for this Tank Level update the requirements for those air emission controls according to the 2 control alternative when the final rule situations when a closed-vent system control device standards under the was published in July 1996. bypass device is installed to be OSWRO NESHAP, or (2) a thermal consistent with other recently treatment unit using organic air F. Standards: Process Vents promulgated NESHAP. The revised emission controls according to another The air emission control requirements language does not significantly change NESHAP in 40 CFR part 61 or 40 CFR for process vents in § 63.690(b) are the technical requirements but does part 63. These changes make this amended to clarify that for the purpose clarify the requirements for an owner or requirement consistent with other air of complying with this standard, the operator choosing to use a flow rules that affect similar waste EPA considers a primary condenser indicator to comply with the provision. management sources (see section associated with an affected process to be The rule requires that this device merely 264.1088(c)(3)(ii) and section part of the process and not the air indicate the presence of gas flow 265.1089(c)(3)(ii)). through the bypass line or duct. The emission control device. The primary 4. Condenser Requirements condenser is a condenser for which the device does not need to measure or predominant function is the recovery or quantify the flow rate (although a flow The monitoring requirements in capture of solvents or other organics for measurement device can be used to § 63.693(e)(3) for condenser control use, reuse, or sale. The EPA considers comply with this provision of the rule devices are amended to clarify the a secondary condenser or other organic if an owner or operator chooses to do requirements. Section 63.693(e)(3)(i) recovery device that is operated so). and (ii) are amended to require monitoring of either the daily average downstream of the primary condenser to 2. General Control Device Requirements be a control device for the purpose of exhaust gas temperature or the daily The requirements in § 63.693(b)(8) for complying with the OSWRO NESHAP. average concentration level of organic using a design analysis to demonstrate compounds in the exhaust stream. The G. Standards: Closed-Vent Systems and that a given control device achieves the EPA considers monitoring one of these Control Devices applicable performance requirements of parameters to be necessary to properly the rule are amended. If the design determine compliance. Amendments to the standards for analysis prepared by the owner or closed-vent systems and control devices operator is determined by the 5. Vapor Incinerator Requirements in § 63.693 correct technical omissions, Administrator to be incomplete or The monitoring requirements in update specific requirements consistent deficient, the amended rule allows the § 63.693(f) for vapor incinerators are with recent decisions made by the EPA Administrator to first request that the amended to add a requirement that for other NESHAP, and correct design analysis be revised or amended owners and operators measure and terminology, typographical, printing, by the owner or operator to correct the record the daily average of the particular and grammatical errors. These deficiencies identified by the parameter being monitored (i.e., amendments do not significantly change Administrator. If the owner or operator temperature or concentration). The EPA the HAP emission reductions and and the Administrator still do not agree considers monitoring these parameters implementation costs expected for the on the acceptability of using this revised to be necessary to properly determine rule. design analysis to demonstrate that the compliance. 1. Closed-Vent System Requirements control device achieves the applicable performance requirements, then the 6. Boiler and Process Heater The inspecting and monitoring disagreement is to be resolved using the Requirements requirements for a closed-vent system in results of a performance test conducted The monitoring requirements in § 63.693(b)(5) are amended to add an by the owner or operator. § 63.693(g) for boilers and process alternative procedure. This alternative heaters are amended to include allows an owner or operator to inspect 3. Carbon Adsorption System provisions requiring that the monitoring and monitor the closed-vent system Requirements systems for boilers and process heaters according to the procedure specified in The monitoring requirements in used as control devices measure and 40 CFR part 63, subpart H—National § 63.693(d)(3) for carbon adsorption record the daily average of the particular Emission Standards for Organic control devices are amended to clarify parameter being monitored (i.e., Hazardous Air Pollutants for Equipment the requirements. Section 63.693(d)(3)(i) temperature or concentration). The Leaks (specifically the procedure in is amended to clarify that owners and provision of a daily averaging time for § 63.172(f) through (h)). Although some operators choosing this monitoring control device monitoring parameters is details of the subpart H procedure vary alternative for regenerative-type carbon necessary to properly determine from the procedure already specified in adsorption systems must monitor both compliance. the OSWRO NESHAP, both procedures total regeneration stream mass flow and achieve the same overall result of the carbon bed temperature. Section 7. Flare Requirements ensuring that the closed-vent system 63.693(d)(3)(ii) is amended to add a The requirements in § 63.693(h) for continues to operate properly after its requirement that the daily average flares are amended to clarify the initial installation and testing. This concentration level of organic compliance demonstration and amendment allows those owners and compounds in the exhaust stream from monitoring procedures to be used for a operators who are already inspecting the control device must be monitored. flare. Section 63.693(h)(2) is added to and monitoring other closed-vent The EPA considers an averaging time to the rule to specify the procedure an systems at their facility using the be necessary to properly determine owner or operator must use to subpart H procedure to comply with compliance. demonstrate that the flare achieves the another NESHAP allowing the The spent carbon management requirements in 40 CFR 63.11(b). This flexibility to use a common procedure requirements in § 63.693(d)(4) are amendment is added because the cross- for all of the affected closed-vent amended to add two more alternatives. reference to the General Provisions in 40 systems at the facility. The amendments add the alternatives of CFR part 63, subpart A, as specified in

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38957 the version of the final rule published compounds that are on the list representative sample of an off-site in July 1996, does not explain the associated with that method, unless the material is analyzed, an owner or specific flare compliance demonstration specified validation procedures are also operator that chooses to use either procedure that an owner or operator is performed. Furthermore, for a VOHAP Method 624, 625, 1624, 1625, 8260, or to use for the OSWRO NESHAP. concentration determination, the owner 8270 for the OSWRO NESHAP is The flare monitoring requirements are or operator must evaluate the total mass required to develop and follow a written now specified in § 63.693(h)(3) and are of HAP compounds in an off-site sampling plan. This plan describes a amended to require that the owner or material (i.e., all compounds listed in step-by-step procedure for collecting operator record for each 1-hour period Table 1 of subpart DD). Therefore, the representative samples of the off-site whether the required pilot flame owner or operator is responsible for materials such that material integrity is monitor was continuously operating and determining that the analytical method maintained and minimal loss of whether a flame was present during used for a VOHAP concentration organics from the sample occurs each hour as required. This change is determination is sufficient to evaluate throughout the collection and analysis made to add an averaging time. all of the applicable organic compounds process. An example of an acceptable contained in the off-site material. If an sampling plan is one that incorporates H. Testing Methods and Procedures owner or operator chooses to use an sample collection and sample handling 1. Alternative Methods for alternative to Method 305 to analyze an procedures similar to those specified in Determination of Average VOHAP off-site material that contains unknown Method 25D. The sampling plan is to be Concentration compounds or many different maintained on-site in the facility compounds, performing ‘‘screening’’ The EPA is adding three more records. analyses may first be necessary to verify The provisions in § 63.694(c)(ii) alternative methods in § 63.694(b)(ii) that the alternative method chosen is, in listing the alternative methods for that an owner or operator may choose to fact, appropriate to evaluate all the determining the average VOHAP determine the average HAP necessary compounds. concentration of an off-site material at concentration of an off-site material. The alternative test methods measure the point-of-treatment are revised and The methods added are Method 625 in the total concentration of the HAP simplified to cross-reference all of the 40 CFR part 136, appendix A, and constituents listed in Table 1 of subpart methods allowed under § 63.694(b)(ii). Method 8260 and Method 8270 in ‘‘Test DD. The VOHAP concentration of an 2. Equation Corrections Methods for Evaluating Solid Waste, off-site material by definition is the Physical/Chemical Methods,’’ EPA fraction by weight of those compounds The equation in § 63.694(b)(2)(iii) Publication No. SW–846, Third Edition, listed in Table 1 as measured using used for calculating the average VOHAP September 1986, as amended by Update Method 305. Owners and operators may concentration of an off-site material is I, November 15, 1992 (or any more choose to ‘‘correct’’ the HAP values amended to correct the rule citation recent, updated version of these measured by an alternative method to used to define the term ‘‘Ci.’’ The correct methods approved by the EPA). The equate to the VOHAP values that would citation is § 63.694. The same correction EPA developed these methods for use in be measured using Method 305. This is made for the terms ‘‘Ci’’ in the implementing rules under the Clean correction is made by multiplying the equation in § 63.694(c)(3), ‘‘y’’ and ‘‘Cy’’ Water Act and RCRA, respectively. The total concentration measured values in the equation in § 63.694(e)(4), and methods measure the concentration of times the appropriate ‘‘fm305 factor’’ ‘‘Qbj’’ and ‘‘Cbl’’ in the equation in organic pollutants in municipal and listed in Table 1 of subpart DD to obtain § 63.694(g)(4). industrial wastewaters. Commenters the Method 305 VOHAP concentration The equation in § 63.694(c)(3) used suggested that these methods are also equivalent. for calculating the average VOHAP applicable to the OSWRO NESHAP for Method 625 is appropriate for concentration on a mass-weighted basis the determination of off-site material determining the HAP concentration of is corrected to clarify the inputs to the HAP concentration. After review of the an off-site material provided that the equation. In the equation, the value for methods, the EPA decided that using corrections for the measured Qt is the sum of the Qi’s used in the the three methods for direct compounds in Table 7 of the method are equation. This value represents the sum measurement of the HAP concentration made. Methods 8260 and 8270 are also or total off-site material quantity used to of certain off-site material is reasonable considered appropriate provided that characterize the off-site material over and adding them to the OSWRO formal quality assurance procedures are the averaging period. Each VOHAP NESHAP is appropriate. The EPA established, followed, and recorded to concentration determination must have believes that with the addition of these address those elements of the methods a corresponding off-site material methods, the rule now provides a range considered relevant for measuring the quantity that represents the amount of of alternatives for determining the HAP actual concentration of organic material generated or received over the concentration of an off-site material compounds. The quality assurance averaging period used to determine the such that every owner and operator of program must address procedures to VOHAP concentration value. To facilities subject to the OSWRO minimize the loss of compounds due to calculate a mass-weighted average NESHAP have available practical and volatilization, biodegradation, reaction, VOHAP concentration over the inexpensive VOHAP determination or sorption during the sample averaging period, multiply each VOHAP alternatives. collection, storage, and preparation concentration by the quantity of It is important to note that for each of steps, as well as addressing the overall material it represents and then divide by the alternative methods allowed under accuracy and precision of the specific the total quantity of material (i.e., the § 63.694(b)(ii) (i.e., the listed methods method used. sum of the individual off-site material other than Methods 305 and 25D), there None of the alternative methods quantities). is a published list of chemical specify sample collection and handling compounds that the EPA considers the procedures considered adequate by the 3. Procedure for Determination of No method appropriate to measure. An EPA to minimize the volatilization of Detectable Emissions owner or operator may only use an organics from the sample before Several amendments are made to the alternative method to measure analysis. Therefore, to ensure that a procedure for determination of no

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 38958 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations detectable emissions in § 63.694(k). As are added to the rule to support the pollution control equipment under the discussed in the appropriate later amendments to § 63.683(b) adding provisions of the rule. For example, sections of this document, the same exemptions for process vents based on when the rule requires a cover to be changes are made to the procedure as the vent stream flow rate and total inspected at least once per calendar specified in 40 CFR part 63, subparts organic HAP concentration (see section year, inspection of a cover designated as OO, PP, QQ, and VV. III.F of this document). The procedures ‘‘unsafe to inspect’’ need not be The procedure is amended to allow and test methods added to the rule for performed more frequently than once either methane or n-hexane to be used these determinations are the EPA during a calendar year if during that as the calibration gas for the detection reference methods in appendix A of 40 year unscheduled process shutdowns or instrument. It is the EPA’s intent that CFR part 60 for measuring gas stream other unexpected events create multiple the calibration procedure be consistent flow rates and organic concentrations. times when a worker could safely access with the procedure as applied to related the cover. air rules (e.g., see the equipment leak I. Inspection and Monitoring A provision is added to the inspection test methods and procedures at sections Requirements requirements in § 63.695(b)(1) for tanks 264.1063 and 265.1063). Therefore, the Section 63.695 is amended to and in § 63.695(d)(1) for transfer requirement for calibration gases in consolidate the inspection and systems to clarify that in the case where § 63.694(k)(4) is amended to provide the monitoring requirements under subpart a tank or transfer system is buried owner or operator the choice of using DD in this section, update the control partially or entirely underground, methane or n-hexane as allowed under device monitoring requirements to be inspection is required only for those these other rules. consistent with recent decisions made portions of the equipment and those Section 63.694(k)(6) is amended to by the EPA for compliance assurance connections to the equipment (such as allow an owner or operator the option monitoring of sources subject to using fill ports, access hatched, or gauge of choosing to adjust or not adjust the air emission controls under a NESHAP, wells) that extend to or above the detection instrument readings to and to make minor technical ground surface and can be opened to the account for the background organic modifications. The amendments do not atmosphere. It was not the EPA’s intent concentration level. Frequently at a significantly change the estimated that those portions of the tank or source, the maximum organic inspection and monitoring costs for the transfer system that are located below concentration value measured by the rule. ground and, consequently, not easily detection instrument is well below the The inspection requirements for accessible, be inspected annually. The organic concentration value that defines covers, closed-vent systems, and EPA previously included this provision ‘‘no detectable emissions.’’ In this case, transfer systems in § 63.695 are in other related air rules for waste requiring an ambient background amended to make allowances for units management units (e.g., the RCRA correction is an unnecessary step. Thus, or equipment that an owner or operator subpart CC air rules in 40 CFR parts 264 the EPA decided that it is reasonable determines to be unsafe to inspect on an and 265). and appropriate for the correction of the annual interval. The rule requires that The control device monitoring measured value for the ambient the owner or operator perform an initial requirements under the rule are revised background level to be an option used inspection of the control equipment and updated to be consistent with the at the owner’s or operator’s discretion. used to comply with the rule, and EPA’s application of compliance If an owner or operator chooses to adjust follow-up inspections at least once per assurance monitoring to sources under a the instrument readings for the calendar year. A new paragraph under NESHAP. A new § 63.695(e) is added to background level, the background level § 63.695(f) is added to the rule that consolidate the control device value must be determined according to provides that following the initial monitoring requirements. This section the procedures in Method 21 of 40 CFR inspection of an air pollution control establishes the technical specifications part 60, appendix A. device, an owner or operator may for continuous monitoring of control Finally, the procedure is amended to perform subsequent inspections at device operating parameters; establishes add provisions for determination of no intervals longer than 1 year when the the criteria for calculating the daily detectable emissions from a seal used owner or operator determines that average value for each monitored around a rotating shaft that passes performing the applicable inspection operating parameter; incorporates a through a cover opening. In this case, if and monitoring procedures would requirement that the owner or operator the arithmetic difference between the expose a worker to dangerous, establish appropriate operating maximum organic concentration hazardous, or otherwise unsafe parameter limits for the range of indicated by the instrument and the conditions. In such a case, the owner or conditions at which the control device background level is less than 10,000 operator is required to: (1) Prepare must be operated to continuously ppmv, then the potential leak interface written documentation that explains the achieve the applicable performance is determined to operate with no reasons why the equipment is unsafe to requirements; and defines the detectable organic emissions. This inspect or monitor on an annual basis; conditions under which an excursion addition is made for consistency with and (2) develop and implement a for a given control device is determined other related EPA air rules regarding the written plan and schedule to inspect to have occurred based on the determination of no detectable and monitor the air pollution control monitoring data results. emissions. equipment using the applicable The EPA considers an excursion to be procedures specified in this section a failure to achieve the applicable 4. Determination of Process Vent Stream during times when a worker can safely standards due to improper operation of Flow Rate and Total HAP Concentration access the air pollution control the control device. The rule allows one A new § 63.694(m) is added to subpart equipment. The required inspections excused excursion for a control device DD specifying the testing methods and and monitoring must be performed as per semiannual period for any reason. procedures that an owner or operator frequently as practicable but do not Should any additional excursions occur must follow to determine a process vent need to be performed more frequently during this period (other than those that stream flow rate and total organic HAP than the periodic schedule that would occur during the specific conditions concentration. These new requirements otherwise be applicable to the air listed in § 63.695(e)(6)(i)), each of these

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38959 additional excursions is a violation of deleted from the version of Table 1 C. Test Methods and Procedures the standard. Conditions under which published in July 1996. The procedure for determination of no an excursion of the operating parameter Table 1 also is amended to clarify that detectable organic emissions specified limit is not a violation of the standard for the glycol ethers chemical group in § 63.905 is amended to incorporate are: (1) periods of startup, shutdown, listing in the table, only those glycol the same revisions and additions made and malfunction if during the period the ethers that have a Henry’s Law constant to the procedure for 40 CFR part 63, affected unit or facility is operated value equal to or greater than 0.1 Y/X subpart DD, in § 63.694(k). The specific -6 3 ° according to the facility’s startup, (1.8 x 10– atm/gm-mole/m ) at 25 C amendments are discussed in section shutdown, and malfunction plan; and must be included in the determination III.G of this document. (2) periods of non-operation of the unit of the VOHAP concentration. The group or process that is vented to the control of glycol ether chemicals contains a D. Inspection and Monitoring device that result in cessation of HAP large number of compounds that have Requirements emissions to which the monitoring Henry’s Law constant values both above The inspection and monitoring applies. and below this cutoff value. Therefore, provisions for owners and operators that rather than attempt to list the specific J. Notification and Reporting use a tank equipped with a fixed roof is glycol ether compounds in the table and Requirements amended by adding a new paragraph (d) potentially omit a given glycol ether to § 63.906 which allows alternative The notification requirements in HAP, the criteria for identifying which inspection intervals longer than 1 year § 63.697(a) are amended to allow glycol ether compounds must be when an owner or operator determines owners and operators of existing sources included in the VOHAP determination that performing a required inspection or subject to the amended OSWRO was added to the rule. monitoring procedures would expose a NESHAP, to file an initial notification IV. Amendments to Subpart OO— worker to dangerous, hazardous, or (as required in § 63.9(b)) on or before 30 otherwise unsafe conditions. The days after the date that today’s National Emission Standards for Tanks—Level 1 alternative inspection interval provision amendments become effective. This is the same as that for 40 CFR part 63, provision is added to the rule in The EPA is amending 40 CFR part 63, subpart DD, in § 63.695(f). The recognition by the EPA that, as a result subpart OO, to clarify several specific alternative inspection interval provision of the clarifying amendments made by rule requirements, to correct minor and related compliance requirements today’s direct final rulemaking, there typographical and terminology errors, are discussed in section III.I of this may be some facility owners and and to make the provisions of subpart document. operators who now understand, for the OO consistent with the technical first time, that their facility is subject to amendments made to 40 CFR part 63, V. Amendments to Subpart PP— the OSWRO NESHAP. subpart DD, where applicable. The National Emission Standards for The reporting requirements in amendments to 40 CFR part 63, subpart Containers § 63.697(b)(4) are amended by adding OO, are summarized below. The EPA is amending 40 CFR part 63, language to clarify the type of A. Definitions subpart PP, to clarify several definitions, information the owner or operator to correct minor typographical and should include in the semiannual report The definition for a ‘‘safety device’’ terminology errors, and to make the regarding control device excursions. specified in § 63.901 is amended to provisions of subpart PP consistent with The semiannual report must include a incorporate the same changes made to the technical amendments made to 40 description of all excursions, as defined the definition for a ‘‘safety device’’ for CFR part 63, subpart DD, where in the subpart, that have occurred 40 CFR part 63, subpart DD, in § 63.681. applicable. The amendments to 40 CFR during the 6-month reporting period. These changes are discussed in section part 63, subpart PP, are summarized This includes excursions caused when III.B of this document. below. the daily average value of a monitored B. Standards—Tank Fixed Roof operating parameter is outside the A. Definitions established operating parameter limit as The standards for fixed roof tanks in Two of the definitions in § 63.921 are well as excursions caused by a lack of § 63.902 are amended with additional revised to clarify the EPA’s intent in adequate monitoring data. language to clarify the EPA’s intent for applying each definition to provisions compliance with two specific in the rule. The definition for an ‘‘empty K. HAP List for Subpart DD provisions. First, § 63.902(a) is amended container’’ is revised to remove Table 1 in subpart DD lists the to specifically state that the standards redundant language regarding a specific organic chemical compounds, under this section do not apply to a container that meets the definition of an isomers, and mixtures that are HAP for fixed roof tank that is also equipped ‘‘empty container’’ used for the purpose of implementing the with an internal floating roof. Second, implementing RCRA hazardous waste requirements of OSWRO NESHAP. Two § 63.902(b) is amended with additional rules (see 40 CFR 261.7(b)). The changes are made to this table. First, the language to specifically state that a definition for a ‘‘safety device’’ is listing for the compound, 1,1-dimethyl facility owner or operator is allowed to amended to incorporate the same hydrazine, is deleted from Table 1. As install a closure device on a tank revision made to the definition for a discussed in the preamble for the final manifold system or header vent when a ‘‘safety device’’ for 40 CFR part 63, rule (see 61 FR 34140), 1,1-dimethyl series of tanks have their vents (i.e., tank subpart DD, in § 63.681. This change is hydrazine was one of the specific openings) connected to a common discussed in section III.B of this compounds that EPA decided to delete header. This amendment makes EPA’s document. from its proposed HAP list for this application of the fixed roof standards rulemaking because of the low potential to a tank connected to a manifold B. Test Methods and Procedures for the compound to be emitted from the system consistent with other air rules The procedure for determination of no type of waste management and recovery that affect similar waste management detectable organic emissions specified operations subject to the rule. This sources (see 62 FR 64648, December 8, in § 63.925 is amended to incorporate compound inadvertently was not 1997). the same revisions and additions made

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 38960 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations to the procedure for 40 CFR part 63, to ensure that the inspections have been QQ consistent with the technical subpart DD, in § 63.694(k). The specific performed in compliance with all of the amendments made to 40 CFR part 63, amendments are discussed in section applicable requirements under subpart subpart DD, where applicable. The III.G of this document. PP. amendments to 40 CFR part 63, subpart Section 63.926(a)(2) is amended to QQ, are summarized below. C. Inspection and Monitoring clarify the conditions under which Requirements additional visual inspections must be A. Definitions The EPA has received questions conducted for those containers, using Two of the definitions in § 63.941 are regarding the implementation of the either Container Level 1 or Container revised to clarify the EPA’s intent in inspection requirements for containers Level 2 controls that remain at the applying the definitions. The definition using either Container Level 1 or facility for more than 1 year. When a for a ‘‘cover’’ is amended by adding Container Level 2 controls as specified container, filled or partially filled with examples of types of surface under the rule. The EPA is amending regulated-material, remains unopened at impoundment covers (e.g., a floating several provisions in § 63.926 to clarify the facility site for a period of 1 year or membrane cover placed on the surface which containers are required to be more, the container and its cover and of the material in the surface inspected and when these inspections closure devices must be visually impoundment, an air-supported need to be performed. inspected by the owner or operator structure installed over the surface The regulatory language in initially, and thereafter, at least once impoundment). The definition for a § 63.926(a)(1) is amended to clarify every calendar year. ‘‘safety device’’ is amended to when the initial inspection must be Section 63.926(a)(3) is amended to incorporate the same change made to performed for a container that already provide additional compliance the definition for a ‘‘safety device’’ for contains a regulated material when it is alternatives to owners and operators for 40 CFR part 63, subpart DD, in § 63.681. delivered to a facility. A visual those situations when a defective This change is discussed in section III.B inspection is required when the owner container is found during an inspection. of this document. or operator first accepts possession of The rule is amended to allow the owner the container at the facility site if the or operator the alternatives of either B. Test Methods and Procedures container is not emptied (i.e., does not emptying the regulated-material from The procedure for determination of no meet the conditions for an ‘‘empty the defective container or repairing the detectable organic emissions specified container’’ as defined in the rule) within defective container. If the owner or in § 63.945 is amended to incorporate 24 hours after the container has been operator elects to empty the regulated the same revisions and additions made accepted at the facility site. material from the defective container, to the procedure for 40 CFR part 63, For a container that is delivered to an the owner or operator must empty the subpart DD, in § 63.694(k). The specific affected facility containing a regulated defective container (i.e., meet the amendments are discussed in section material but is not emptied within the conditions for an ‘‘empty container’’ as III.G of this document. allowed 24-hour period, the container defined in the rule) and transfer the must be inspected according to the removed material to either: (1) a C. Inspection and Monitoring requirements of the rule by the calendar container that meets the applicable Requirements day on which the facility owner or standards under subpart PP; or (2) to a The inspection and monitoring operator accepts possession of the tank, process, or treatment unit that provisions for air pollution control container. For the purpose of meets the applicable standards under a equipment are amended by adding a compliance with subpart PP, this date of NESHAP referencing subpart PP. The new paragraph (d) to § 63.946 which acceptance is the date of signature by defective container must be emptied no allows alternative inspection intervals the facility owner or operator on the later than 5 calendar days after longer than 1 year when an owner or manifest or shipping papers detection of the defect. The emptied operator determines that performing a accompanying the container. It is defective container must be either required inspection or monitoring allowable under subpart PP to have a repaired, destroyed, or used for procedure would expose a worker to party other than the owner or operator purposes other than management of dangerous, hazardous, or otherwise of the affected facility perform the regulated-material. If the owner or unsafe conditions. The alternative inspection prior to the acceptance date. operator elects to repair the defective inspection interval provision is the For example, if an owner or operator of container, first efforts at repair of the same as that for 40 CFR part 63, subpart an affected facility accepts a shipment defect must be made no later than 24 DD, in § 63.695(f). The alternative of containers that arrives at the facility hours after detection, and repair must be inspection interval provision and on a truck, it is allowable under the rule completed as soon as possible but no related compliance requirements are to have the shipper or transporter later than 5 calendar days after discussed in section III.I of this perform the visual inspection of the detection. If repair of a defect cannot be document. individual containers before or during completed within 5 calendar days, then VII. Amendments to Subpart RR— loading of the containers onto the truck the regulated-material must be emptied National Emission Standards for for transport to the affected facility. In from the container and the container Individual Drain Systems this case, the party performing the must not be used to manage regulated- inspections (e.g., the container shipper material until the defect is repaired. The EPA is amending 40 CFR part 63, or transporter) needs to provide the subpart RR, to clarify the EPA’s intent owner or operator of the recipient VI. Amendments to Subpart QQ— with regard to the types of wastewater facility with written documentation to National Emission Standards for streams to which air emission controls verify that the containers have been Surface Impoundments must be applied in accordance with 40 inspected in accordance with the The EPA is amending 40 CFR part 63, CFR part 63, subpart RR. A definition requirements of § 63.926. Regardless of subpart QQ, to clarify several for a ‘‘regulated-material’’ is added to who performs the inspections, it is definitions, to correct minor § 63.961 to mean the wastewater ultimately the responsibility of the typographical and terminology errors, streams, residuals, and any other owner or operator of the affected facility and to make the provisions of subpart materials specified by the referencing

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38961 subpart to be managed in accordance D. Inspection and Monitoring Order defines ‘‘significant regulatory with the standards under subpart RR. Requirements action’’ as one that is likely to result in The definition is needed to clarify the The inspection and monitoring a rule that may: EPA’s intent that this rule apply to provisions for owners and operators that (1) Have an annual effect on the waste streams and residuals in addition use a tank equipped with a fixed roof is economy of $100 million or more or to wastewater. In conjunction with this amended by adding a new paragraph (e) adversely affect in a material way the change, a change is made throughout to § 63.1047 which allows alternative economy, a sector of the economy, subpart RR to replace the word inspection intervals longer than 1 year productivity, competition, jobs, the ‘‘wastewater’’ with the term ‘‘regulated when an owner or operator determines environment, public health or safety, or material.’’ that performing a required inspection or State, local, or tribal governments or VIII. Amendments to Subpart VV— monitoring procedure would expose a communities; National Emission Standards for Oil- worker to dangerous, hazardous, or (2) Create a serious inconsistency or Water Separators and Organic-Water otherwise unsafe conditions. This otherwise interfere with an action taken Separators alternative inspection interval provision or planned by another agency; is the same as that for 40 CFR part 63, (3) Materially alter the budgetary The EPA is amending 40 CFR part 63, subpart DD, in § 63.695(f). The impact of entitlements, grants, user fees, subpart VV, to add a new air emission alternative inspection interval provision or loan programs, or the rights and control alternative, to clarify several and related compliance requirements obligation of recipients thereof; or specific rule requirements, to correct are discussed in section III.I of this (4) Raise novel legal or policy issues minor typographical and terminology document. arising out of legal mandates, the errors, and to make the provisions of IX. Administrative Requirements President’s priorities, or the principles subpart VV consistent with the set forth in the Executive Order. technical amendments made to 40 CFR A. Docket It has been determined that this action part 63, subpart DD, where applicable. The docket is intended to be an amending the OSWRO NESHAP is not The amendments to 40 CFR part 63, a ‘‘significant regulatory action’’ under subpart VV, are summarized below. organized and complete file of the administrative records complied by the the terms of Executive Order 12866 and A. Definitions EPA in the development of this therefore not subject to OMB review. The definition for a ‘‘safety device’’ rulemaking. The docket is a dynamic C. Executive Order 12875: Enhancing specified in § 63.1041 is amended to file because material is added the Intergovernmental Partnerships incorporate the same changes made to throughout the rulemaking the definition for a ‘‘safety device’’ for development. The docketing system is Under Executive Order 12875, the 40 CFR part 63, subpart DD, in § 63.681. intended to allow members of the public EPA may not issue a regulation that is These changes are discussed in section and industries involved to readily not required by statute and that creates III.B of this document. identify and locate documents so that a mandate upon a State, local or tribal they can effectively participate in the government, unless the Federal B. Standards—Pressurized Separator rulemaking process. Along with the government provides the funds A new section, § 63.1045, is added to proposed and promulgated standards necessary to pay the direct compliance subpart VV which allows owners and and their preambles, the contents of the costs incurred by those governments or operators to control air emissions from docket, except for certain interagency the EPA consults with those an oil-water or organic-water separator documents, will serve as the record for governments. If the EPA complies by by using a pressurized separator that is judicial review. (See CAA section consulting, Executive Order 12875 operated as a closed-system. The 307(d)(7)(A).) The docket for this requires the EPA to provide OMB a provision requires that the pressurized rulemaking containing the information description of the extent of the EPA’s separator be designed not to vent to the considered by the EPA in development prior consultation with representatives atmosphere as a result of compression of of the amendments is Docket No. A–92– of affected State, local and tribal the vapor headspace during operation of 16. This docket is available for public governments, the nature of their the separator at its design capacity. All inspection between 8:00 a.m. and 5:30 concerns, copies of any written separator openings must be equipped p.m., Monday through Friday, except for communications from the governments, with closure devices designed to operate Federal holidays, at the following and a statement supporting the need to with no detectable organic emissions as address: U.S. Environmental Protection issue the regulation. In addition, determined using the procedure Agency, Air and Radiation Docket and Executive Order 12875 requires the EPA specified in the subpart. Whenever a Information Center (MC–6102), 401 M to develop an effective process regulated-material is in the separator, Street SW, Washington, DC 20460; permitting elected officials and other the separator must be operated as a telephone: (202) 260–7548. The docket representatives of State, local and tribal closed system that does not vent to the is located at the above address in Room governments ‘‘to provide meaningful atmosphere except under emergency M–1500, Waterside Mall (ground floor). and timely input in the development of and maintenance conditions specified A reasonable fee may be charged for regulatory proposals containing in the rule. copying. significant unfunded mandates.’’ The OSWRO NESHAP does not create C. Test Methods and Procedures B. Executive Order 12866: Regulatory a mandate on State, local, or tribal The procedure for determination of no Planning and Review governments. The rule does not impose detectable organic emissions specified Under Executive Order 12866 (58 FR any enforceable duties on these entities, in § 63.1046(a) is amended to 51735, October 4, 1993), the EPA must and State, local, and tribal governments incorporate the same revisions and determine whether the regulatory action are not directly impacted by this rule; additions made to the procedure for 40 is ‘‘significant’’ and therefore subject to i.e., they are not required to purchase CFR part 63, subpart DD, in § 63.694(k). review by the Office of Management and control systems to meet the The specific amendments are discussed Budget (OMB) and the requirements of requirements of this rule. Accordingly, in section III.G of this document. the Executive Order. The Executive the requirements of section 1(a) of

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Executive Order 12875 do not apply to and timely input in the development of small governments on compliance with this action. regulatory policies on matters that the regulatory requirements. significantly or uniquely affect their D. Executive Order 13045: Protection of The amendments to the OSWRO communities.’’ NESHAP will likely reduce the costs of Children from Environmental Health The OSWRO NESHAP does not Risks and Safety Risks complying with the rule for many significantly or uniquely affect the affected owners and operators. These Executive Order 13045 (62 FR 19885, communities of Indian tribal amendments do not increase April 23, 1997) applies to any rule that governments. The rule does not impose expenditures by State, local, and tribal (1) is determined to be ‘‘economically any enforceable duties on tribal governments or the private sector. significant’’ as defined under Executive governments unless they own or operate Therefore, the EPA has not prepared a Order 12866, and (2) concerns an a facility subject to the OSWRO budgetary impact statement or environmental health or safety risk that NESHAP. Indian tribal governments specifically addressed the selection of the EPA has reason to believe may have which own or operate facilities subject the least costly, most cost-effective, or a disproportionate effect on children. If to the OSWRO NESHAP would incur least burdensome alternatives because the regulatory action meets both criteria, compliance costs; however, the EPA these amendments are estimated to the EPA must evaluate the does not believe that there are many, if result in the expenditure by State and environmental health or safety effects of any, tribal governments which either local governments, in aggregate, or by the planned rule on children and own or operate such facilities. the private sector of less than $100 explain why the planned regulation is Accordingly, the requirements of million in any 1 year. Because small preferable to other potentially effective section 3(b) of Executive Order 13084 governments will not be affected by this and reasonably feasible alternatives do not apply to this rule. rule, the EPA is not required to develop considered by the Agency. The EPA interprets Executive Order F. Unfunded Mandates Reform Act a plan with regard to small 13045 as applying only to those Title II of the Unfunded Mandates governments. Therefore, the regulatory actions that are based on Reform Act of 1995 (UMRA), Public requirements of the Unfunded Mandates health or safety risks, such that the Law 104–4, establishes requirements for Act do not apply to this action. analyses required under section 5–501 Federal agencies to assess the effects of G. Regulatory Flexibility Act of the Order has the potential to their regulatory actions on State, local, influence the regulation. These and tribal governments and the private The Regulatory Flexibility Act (RFA) amendments to the OSWRO NESHAP sector. Under section 202 of the UMRA, generally requires an agency to conduct are not subject to Executive Order 13045 the EPA generally must prepare a a regulatory flexibility analysis of any because the OSWRO NESHAP is based written statement, including a cost- rule subject to notice and comment on technology performance and not on benefit analysis, for proposed and final rulemaking requirements unless the health or safety risks. In addition, the rules with ‘‘Federal mandates’’ that may agency certifies that the rule will not amendments are not economically result in expenditures by State, local, have a significant economic impact on significant regulatory actions as defined and tribal governments, in the aggregate, a substantial number of small entities. by E.O. 12866. or by the private sector, of $100 million Small entities include small businesses, or more in any 1 year. Before small not-for-profit enterprises, and E. Executive Order 13084: Consultations promulgating an EPA rule for which a small governmental jurisdictions. The and Coordination with Indian Tribal written statement is needed, section 205 EPA determined that these amendments Governments of the UMRA generally requires the EPA to the OSWRO NESHAP do not have a Under Executive Order 13084, the to identify and consider a reasonable significant impact on a substantial EPA may not issue a regulation that is number of regulatory alternatives and number of small entities. The EPA has not required by statute, that adopt the least costly, most cost- also determined that it is not necessary significantly or uniquely affects the effective or least-burdensome alternative to prepare a regulatory flexibility communities of Indian tribal that achieves the objectives of the rule. analysis in connection with this action. governments, and that imposes The provisions of section 205 do not These amendments will not result in substantial direct compliance costs on apply when they are inconsistent with increased impacts to small entities and those communities, unless the Federal applicable law. Moreover, section 205 will result in reduced impacts in all government provides the funds allows the EPA to adopt an alternative cases. necessary to pay the direct compliance other than the least costly, most cost- H. Paperwork Reduction Act costs incurred by the tribal effective or least-burdensome alternative governments, or the EPA consults with if the Administrator publishes with the The information collection those governments. If the EPA complies final rule an explanation why that requirements of the previously by consulting, Executive Order 13084 alternative was not adopted. Before the promulgated NESHAP were submitted requires the EPA to provide to the OMB, EPA establishes any regulatory to and approved by the OMB. A copy of in a separately identified section of the requirements that may significantly or this Information Collection Request preamble to the rule, a description of uniquely affect small governments, it (ICR) document (OMB control number the extent of the EPA’s prior must have developed under section 203 1717.02) may be obtained from Sandy consultation with representatives of of the UMRA a small government Farmer, OP Regulator Information affected tribal governments, a summary agency plan. The plan must provide for Division; U.S. Environmental Protection of the nature of their concerns, and a notifying potentially affected small Agency, 401 M Street, SW (mail code statement supporting the need to issue governments, enabling officials of 2136), Washington, DC 20460, or by the regulation. In addition, Executive affected small governments to have calling (202) 260–2740. Order 13084 requires the EPA to meaningful and timely input in the Today’s amendments to the OSWRO develop an effective process permitting development of EPA regulatory NESHAP have no impact on the elected officials and other proposals with significant Federal information collection burden estimates representatives of Indian tribal intergovernmental mandates, and made previously. No additional governments ‘‘to provide meaningful informing, educating, and advising certifications or filings were

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Submission to Congress and the Society of Testing and Materials and outside the boundaries of the plant site; Comptroller General other organizations have published a and (iii) The waste, used oil, or used The Congressional Review Act, 5 number of test methods and procedures solvent contains one or more of the U.S.C. 801 et seq., as added by the Small applicable to organic content and hazardous air pollutants (HAP) listed in Business Regulatory Enforcement material specifications which could be Table 1 of this subpart based on the Fairness Act of 1996, generally provides used to determine the flow rate and composition of the material at the point- that before a rule may take effect, the organic concentration of a process vent of-delivery, as defined in § 63.681 of agency promulgating the rule must stream, these methods are not this subpart. submit a rule report, which includes a applicable to determining the volume, (2) * * * copy of the rule, to each house of concentration, and type of air emissions (v) Waste that is transferred from a Congress and to the Comptroller General from the affected sources. The use of chemical manufacturing plant or other of the United States. The EPA will these voluntary consensus standards facility for which both of the following submit a report containing this rule and would, therefore, have been impractical. conditions apply to the waste: other required information to the U.S. (A) The management of the waste at Senate, the U.S. House of List of Subjects in 40 CFR Part 63 the facility is required either under part Representatives, and the Comptroller Environmental protection, Air 63 subpart F—National Emission General of the United States prior to pollution control, Containers, Standards for Organic Hazardous Air publication of the rule in the Federal Hazardous air pollutants, Incorporation Pollutants from the Synthetic Organic Register. These amendments are not a by reference, Individual drain systems, Chemical Manufacturing Industry or ‘‘major rule’’ as defined by 5 U.S.C. Oil-water separators, Organic-water under another subpart in 40 CFR part 63 804(2). These amendments will be separators, Recycling, Reporting and to meet the air emission control effective July 20, 1999. recordkeeping requirements, Surface standards for process wastewater J. National Technology Transfer and impoundments, Tanks, Used oil, Used specified in 40 CFR 63.132 through Advancement Act solvent, Waste management. 63.147; and (B) The owner or operator of the Dated: July 7, 1999. Section 12(d) of the National facility from which the waste is Technology Transfer and Advancement Carol W. Browner, transferred has complied with the Act of 1995 (NTTAA), Public Law 104– Administrator. provisions of 40 CFR 63.132(g)(1)(ii) and 113, section 12(d)(15 U.S.C. 272 note) For the reasons set forth in the (g)(2). directs the EPA to use voluntary preamble, title 40, chapter I, part 63 of (vi) Waste that is transferred from a consensus standards in its regulatory the Code of Federal Regulations is chemical manufacturing plant, activities unless to do so would be amended as follows: petroleum refinery, or coke by-product inconsistent with applicable law or recovery plant which is subject to 40 otherwise impractical. Voluntary PART 63Ð[AMENDED] CFR part 61, subpart FF—National consensus standards are technical Emission Standards for Benzene Waste standards (e.g., materials specifications, 1. The authority citation for part 63 continues to read as follows: Operations, and for which both of the test methods, sampling procedures, following conditions apply to the waste: business practices, etc.) that are Authority: 42 U.S.C. 7401, et seq. (A) The waste is generated at a facility developed or adopted by voluntary that is not exempted under the Subpart DDÐNational Emission consensus standards bodies. Where provisions of 40 CFR 61.342(a) from Standards for Hazardous Air Pollutants available and potentially applicable meeting the air emission control from Off-Site Waste and Recovery voluntary consensus standards are not standards of 40 CFR part 61, subpart FF; Operations used by the EPA, the NTTAA requires and the Agency to provide Congress, 2. Section 63.680 is amended by (B) The owner or operator of the through OMB, an explanation of the adding paragraph (b)(2)(viii) and by facility from which the waste is reasons for not using such standards. revising paragraphs (a)(2)(v), (b)(1)(ii), transferred has complied with the This section summarizes the EPA’s (b)(1)(iii), (b)(2)(v), (b)(2)(vi), (c), (d), provisions of 40 CFR 61.342(f)(2). response to the requirements of the and (e) to read as follows: (vii) * * * NTTAA for the test methods added to (viii) Hazardous waste that is stored the OSWRO NESHAP as part of today’s § 63.680 Applicability and designation of for 10 days or less at a transfer facility amendments. affected sources. in compliance with the provisions of 40 The OSWRO NESHAP involves (a) * * * CFR 263.12. technical standards. The amendments to (2) * * * (c) Affected sources. (1) Off-site the OSWRO NESHAP include the (v) A recovery operation that recycles material management units. For each addition of test methods and procedures or reprocesses used solvent which is an operation specified in paragraphs necessary for the determination of off-site material and the operation is not (a)(2)(i) through (a)(2)(vi) of this section compliance and enforcement of air part of a chemical, petroleum, or other that is located at the plant site, the standards under the rule. Today’s manufacturing process that is required affected source is the entire group of off- amendments increase the number of to use air emission controls by another site material management units alternative test methods available to an subpart of 40 CFR part 63 or 40 CFR part associated with the operation. An off- owner or operator to determine the 61. site material management unit is a tank, VOHAP concentration of an off-site * * * * * container, surface impoundment, oil- material and provide for the use of other (b) * * * water separator, organic-water separator, methods (i.e., those specified in the (1) * * * or transfer system used to manage off- rule) subject to EPA approval. The EPA (ii) The waste, used oil, or used site material. For the purpose of has determined that the owner or solvent is not produced or generated implementing the standards under this

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Steam stripping means (2) The owner or operator must of a tank or container but also is a liquid mixture separation process or prepare a new determination whenever equipped with a vent that serves as a method in which vaporization of the the extent of changes to the quantity or process vent for any of the processes volatile components of a liquid mixture composition of the off-site material listed in paragraphs (c)(2)(i) through occurs by the introduction of steam received at the plant site could cause (c)(2)(vi) of this section is not an off-site directly into the process. the total annual HAP quantity in the off- material management unit but instead is (vi) Gas stripping process used for the site material received at the plant site to a process vent and is to be included in treatment, recycling, or recovery of off- exceed the limit of 1 megagram per year. the appropriate affected source group site material. Gas stripping means a (3) The owner or operator must under paragraph (c)(2) of this section. desorption process or method used to maintain documentation to support the Examples of such a unit may include, transfer one or more volatile owner’s or operator’s determination of but are not limited to, a distillate components from a liquid mixture into the total annual HAP quantity in the off- receiver vessel, a primary condenser, a a gas stream either with or without the site material received at the plant site. bottoms receiver vessel, a surge control application of heat to the liquid. Packed This documentation must include the tank, a separator tank, and a hot well. towers, spray towers, and bubble-cap, basis and data used for determining the (2) Process vents. For each operation sieve, or valve-type plate towers are HAP content of the off-site material. specified in paragraphs (a)(2)(i) through examples of the process configurations (e) Compliance dates. (1) Existing (a)(2)(vi) of this section that is located used for contacting the gas and a liquid. sources. The owner or operator of an at the plant site, the affected source is (3) Equipment leaks. For each affected source that commenced the entire group of process equipment operation specified in paragraphs construction or reconstruction before associated with the process vents for the (a)(2)(i) through (a)(2)(vi) of this section October 13, 1994, must achieve processes listed in paragraphs (c)(2)(i) that is located at the plant site, the compliance with the provisions of this through (c)(2)(vi) of this section. affected source is the entire group of subpart on or before the date specified (i) Distillation process used for the equipment components for which each in paragraph (e)(1)(i) or (e)(1)(ii) of this treatment, recycling, or recovery of off- component meets all of the conditions section as applicable to the affected site material. Distillation means a specified in paragraphs (c)(3)(i) through source. process, either batch or continuous, (c)(3)(iii) of this section. If any one of (i) For an affected source that separating one or more off-site material these conditions do not apply to an commenced construction or feed streams into two or more exit equipment component, then that reconstruction before October 13, 1994 streams having different component component is not part of the affected and receives off-site material for the first concentrations from those in the feed source for equipment leaks. time before February 1, 2000, the owner stream or streams. The separation is (i) The equipment component is a or operator of this affected source must achieved by the redistribution of the pump, compressor, agitator, pressure achieve compliance with the provisions components between the liquid and relief device, sampling connection of the subpart on or before February 1, vapor phases as they approach system, open-ended valve or line, valve, 2000 unless an extension has been equilibrium within the distillation unit. connector, or instrumentation system; granted by the Administrator as (ii) Fractionation process used for the (ii) The equipment component provided in 40 CFR 63.6(i). treatment, recycling, or recovery of off- contains or contacts off-site material (ii) For an affected source that site material. Fractionation means a having a total HAP concentration equal commenced construction or liquid mixture separation process or to or greater than 10 percent by weight; reconstruction before October 13, 1994, method used to separate a mixture of and but receives off-site material for the first several volatile components of different (iii) The equipment component is time on or after February 1, 2000, the boiling points in successive stages, each intended to operate for 300 hours or owner or operator of the affected source stage removing from the mixture some more during a calendar year in off-site must achieve compliance with the proportion of one of the components. material service, as defined in § 63.681 provisions of this subpart upon the first (iii) Thin-film evaporation process of this subpart. date that the affected source begins to used for the treatment, recycling, or (d) Facility-wide exemption. The manage off-site material. recovery of off-site material. Thin-film owner or operator of affected sources (2) New sources. The owner or evaporation means a liquid mixture subject to this subpart is exempted from operator of an affected source for which separation process or method that uses the requirements of §§ 63.682 through construction or reconstruction a heating surface consisting of a large 63.699 of this subpart in situations commences on or after October 13, diameter tube that may be either straight when the total annual quantity of the 1994, must achieve compliance with the or tapered, horizontal or vertical. Liquid HAP that is contained in the off-site provisions of this subpart on or before is spread on the tube wall by a rotating material received at the plant site is less July 1, 1996, or upon initial startup of assembly of blades that maintain a close than 1 megagram per year. For a plant operations, whichever date is later as clearance from the wall or actually ride site to be exempted under the provided in 40 CFR 63.6(b). on the film of liquid on the wall. provisions of this paragraph (d), the * * * * * (iv) Solvent extraction process used owner or operator must meet the 3. Section 63.681 is amended by for the treatment, recycling, or recovery requirements in paragraphs (d)(1) adding in alphabetical order the of off-site material. Solvent extraction through (d)(3) of this section. definitions of ‘‘Flow indicator’’ and means a separation process or method (1) The owner or operator must ‘‘Hazardous air pollutants,’’ by in which a solid or a solution is prepare an initial determination of the removing the definition of ‘‘HAP,’’ and contacted with a liquid solvent (the total annual HAP quantity in the off-site by revising the definitions of ‘‘Control material and the solvent being relatively material received at the plant site. This device,’’ ‘‘Cover,’’ ‘‘Point-of-treatment,’’ insoluble in each other) to preferentially determination is based on the total ‘‘Process vent,’’ ‘‘Safety device,’’ ‘‘Used dissolve and transfer one or more quantity of the HAP listed in Table 1 of solvent,’’ ‘‘Volatile organic hazardous components into the solvent. this subpart as determined at the point- air pollutant concentration,’’ and (v) Steam stripping process used for of-delivery for each off-site material ‘‘Waste stabilization process’’ to read as the treatment, recycling, or recovery of stream. follows:

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§ 63.681 Definitions. of this subpart, a process vent is none than Method 305 is used to determine * * * * * of the following: a pressure-relief vent the speciated HAP concentration of an Control device means equipment used or other vent that is used as a safety off-site material, the individual for recovering, removing, oxidizing, or device (as defined in this section); an compound concentration may be destroying organic vapors. Examples of open-ended line or other vent that is adjusted by the corresponding fm305 such equipment include but are not subject to the equipment leak control value listed in Table 1 of this subpart to limited to carbon adsorbers, condensers, requirements under § 63.691 of this determine a VOHAP concentration. vapor incinerators, flares, boilers, and subpart; or a stack or other vent that is * * * * * process heaters. used to exhaust combustion products Waste stabilization process means any Cover means a device or system that from a boiler, furnace, process heater, physical or chemical process used to provides a continuous barrier over the incinerator, or other combustion device. either reduce the mobility of hazardous material managed in a off-site material * * * * * constituents in a waste or eliminate free management unit to prevent or reduce Safety device means a closure device liquids as determined by Test Method air pollutant emissions to the such as a pressure relief valve, frangible 9095—Paint Filter Liquids Test in ‘‘Test atmosphere. A cover may have openings disc, fusible plug, or any other type of Methods for Evaluating Solid Waste, needed for operation, inspection, device which functions to prevent Physical/Chemical Methods,’’ EPA sampling, maintenance, and repair of physical damage or permanent Publication No. SW–846, Third Edition, the unit provided that each opening is deformation to equipment by venting September 1986, as amended by Update closed when not in use (e.g., access gases or vapors during unsafe I, November 15, 1992. (As an hatches, sampling ports). A cover may conditions resulting from an unplanned, alternative, an owner or operator may be a separate piece of equipment which accidental, or emergency event. For the use any more recent, updated version of can be detached and removed from the purpose of this subpart, a safety device Method 9095 approved by the EPA.) A unit or a cover may be formed by is not used for routine venting of gases waste stabilization process includes structural features permanently or vapors from the vapor headspace mixing the waste with binders or other integrated into the design of the unit. underneath a cover such as during materials and curing the resulting waste * * * * * filling of the unit or to adjust the and binder mixture. Other synonymous Flow indicator means a device that pressure in this vapor headspace in terms used to refer to this process are indicates whether gas is flowing, or response to normal daily diurnal ‘‘waste fixation’’ or ‘‘waste whether the valve position would allow ambient temperature fluctuations. A solidification.’’ A waste stabilization gas to flow in a bypass line. safety device is designed to remain in a process does not include the adding of * * * * * closed position during normal absorbent materials to the surface of a Hazardous air pollutants or HAP operations and open only when the waste, without mixing, agitation, or means the specific organic chemical internal pressure, or another relevant subsequent curing, to absorb free liquid. compounds, isomers, and mixtures parameter, exceeds the device threshold 4. Section 63.683 is revised to read as listed in Table 1 of this subpart. setting applicable to the equipment as follows: * * * * * determined by the owner or operator § 63.683 Standards: General. Off-site material service means any based on manufacturer (a) The general standards under this time when a pump, compressor, recommendations, applicable section apply to owners and operators of agitator, pressure relief device, sampling regulations, fire protection and affected sources as designated in connection system, open-ended valve or prevention codes, standard engineering § 63.680(c) of this subpart. line, valve, connector, or codes and practices, or other (b) Off-site material management instrumentation system contains or requirements for the safe handling of units. (1) For each off-site material contacts off-site material. flammable, combustible, explosive, management unit that is part of an * * * * * reactive, or hazardous materials. affected source, the owner or operator Point-of-treatment means a point after * * * * * must meet the requirements in either the treated material exits the treatment Used solvent means a mixture of paragraph (b)(1)(i), (b)(1)(ii), or (b)(1)(iii) process but before the first point aliphatic hydrocarbons or a mixture of of this section except for those off-site downstream of the treatment process one and two ring aromatic hydrocarbons material management units exempted exit where the organic constituents in that has been used as a solvent and as under paragraph (b)(2) of this section. the treated material have the potential to a result of such use is contaminated by (i) The owner or operator controls air volatilize and be released to the physical or chemical impurities. emissions from the off-site material atmosphere. For the purpose of applying * * * * * management unit in accordance with this definition to this subpart, the first Volatile organic hazardous air the applicable standards specified in point downstream of the treatment pollutant concentration or VOHAP §§ 63.685 through 63.689 of this process exit is not a fugitive emission concentration means the fraction by subpart. point due to an equipment leak from weight of those compounds listed in (ii) The owner or operator removes or any of the following equipment Table 1 of this subpart that are in an off- destroys HAP in the off-site material components: pumps, compressors, site material as measured using Method before placing the material in the off-site valves, connectors, instrumentation 305 in appendix A of this part and material management unit by treating systems, or safety devices. expressed in terms of parts per million the material in accordance with the * * * * * (ppm). As an alternative to using standards specified in § 63.684 of this Process vent means an open-ended Method 305, an owner or operator may subpart. pipe, stack, or duct through which a gas determine the HAP concentration of an (iii) The owner or operator determines stream containing HAP is continuously off-site material using any one of the before placing off-site material in the or intermittently discharged to the other test methods specified in off-site material management unit that atmosphere from any of the processes § 63.694(b)(2)(ii) of this subpart. When a the average VOHAP concentration of the listed in § 63.680(c)(2)(i) through test method specified in off-site material is less than 500 parts (c)(2)(vi) of this section. For the purpose § 63.694(b)(2)(ii) of this subpart other per million by weight (ppmw) at the

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 38966 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations point-of-delivery. The owner or operator the exempt-units at the plant site. If an requirements of § 63.694(e) of this must perform an initial determination of owner or operator chooses to prepare subpart. the average VOHAP concentration of the and submit a written notification, this (iv) An off-site material management off-site material using the procedures notification must include a site plan, unit is exempted from the requirements specified in § 63.694(b) of this subpart. process diagram, or other appropriate in paragraph (b)(1) of this section if the This initial determination must be documentation identifying each of the off-site material placed in the unit is a performed either before the first time exempt-units. If an owner or operator hazardous waste that meets the any portion of the off-site material chooses to permanently mark the conditions specified in either paragraph stream is placed in the unit or by the exempt-units, each exempt-unit must be (b)(2)(iv)(A) or (b)(2)(iv)(B) of this compliance date, whichever date is marked in such a manner that it can be section. later. Thereafter, the owner or operator readily identified as an exempt-unit (A) The hazardous waste meets the must review and update, as necessary, from the other off-site material numerical organic concentration limits, this determination at least once every management units located at the plant applicable to the hazardous waste, as calendar year following the date of the site. specified in 40 CFR part 268—Land initial determination for the off-site (B) The owner or operator must Disposal Restrictions, listed in the table, material stream. prepare an initial determination of the ‘‘Treatment Standards for Hazardous (2) An off-site material management total annual HAP quantity in the off-site Waste’’ in 40 CFR 268.40. unit is exempted from the requirements material placed in the units exempted (B) The organic hazardous in paragraph (b)(1) of this section when under this paragraph (b)(2)(ii). This constituents in the hazardous waste the owner or operator meets one of the determination is based on the total have been treated by the treatment exemptions provided in paragraphs quantity of the HAP listed in Table 1 of technology established by the EPA for (b)(2)(i) through (b)(2)(iv) of this section this subpart as determined at the point the hazardous waste in 40 CFR as applicable to the unit. where the off-site material is placed in 268.42(a), or have been removed or (i) An off-site material management each exempted unit. The owner or destroyed by an equivalent method of unit is exempted from the requirements operator must perform a new treatment approved by the EPA under in paragraph (b)(1) of this section if the determination whenever the extent of 40 CFR 268.42(b). off-site material management unit is also changes to the quantity or composition (v) A tank used for bulk feed of off- subject to another subpart under 40 CFR of the off-site material placed in the site material to a waste incinerator is part 63 or 40 CFR part 61, and the exempted units could cause the total exempted from the requirements owner or operator is controlling the annual HAP content in the off-site HAP listed in Table 1 of this subpart specified in paragraph (b)(1) of this material to exceed 1 megagram per year. that are emitted from the unit in section if the tank meets all of the The owner or operator must maintain compliance with the provisions conditions specified in paragraphs documentation to support the most specified in the other applicable subpart (b)(2)(v)(A) through (b)(2)(v)(C) of this recent determination of the total annual under part 61 or part 63. section. (ii) At the discretion of the owner or HAP quantity. This documentation must (A) The tank is located inside an operator, one or a combination of off- include the basis and data used for enclosure vented to a control device that site material management units may be determining the HAP content of the off- is designed and operated in accordance exempted from the requirements in site material. with all applicable requirements paragraph (b)(1) of this section when (iii) A tank or surface impoundment specified under 40 CFR part 61, subpart these units meet the condition that the is exempted from the requirements in FF—National Emission Standards for total annual quantity of HAP contained paragraph (b)(1) of this section if the Benzene Waste Operations for a facility in the off-site material placed in the unit is used for a biological treatment at which the total annual benzene units exempted under this paragraph process that meets the requirements in quantity from the facility waste is equal (b)(2)(ii) is less than 1 megagram per either paragraph (b)(2)(iii)(A) or to or greater than 10 megagrams per year. For the off-site material (b)(2)(iii)(B) of this section and the year; management units selected by the owner or operator complies with the (B) The enclosure and control device owner or operator to be exempted from monitoring requirements in serving the tank were installed and the requirements in paragraph (b)(1) of § 63.684(e)(4) of this subpart. began operation prior to July 1, 1996; this section, the owner or operator must (A) The HAP biodegradation and meet the requirements in paragraphs efficiency (Rbio) for the biological (C) The enclosure is designed and (b)(2)(ii)(A) and (b)(2)(ii)(B) of this treatment process is equal to or greater operated in accordance with the criteria section. An owner or operator may than 95 percent. The HAP for a permanent total enclosure as change the off-site material management biodegradation efficiency (Rbio) shall be specified in ‘‘Procedure T—Criteria for units selected to be exempted under this determined in accordance with the and Verification of a Permanent or paragraph (b)(2)(ii) by preparing a new requirements of § 63.694(h) of this Temporary Total Enclosure’’ under 40 designation for the exempt-units as subpart. CFR 52.741, appendix B. The enclosure required by paragraph (b)(2)(ii)(A) of (B) The total actual HAP mass may have permanent or temporary this section and performing a new removal rate (MRbio) for the off-site openings to allow worker access; determination as required by paragraph material treated by the biological passage of material into or out of the (b)(2)(ii)(B) of this section. treatment process is equal to or greater enclosure by conveyor, vehicles, or (A) The owner or operator must than the required HAP mass removal other mechanical or electrical designate each of the off-site material rate (RMR) for the off-site material. The equipment; or to direct air flow into the management units selected by the total actual HAP mass removal rate enclosure. The owner or operator must owner or operator to be exempt under (MRbio) must be determined in annually perform the verification paragraph (b)(2)(ii) of this section by accordance with the requirements of procedure for the enclosure as specified either submitting to the Administrator a § 63.694(i) of this subpart. The required in Section 5.0 to ‘‘Procedure T—Criteria written notification identifying the HAP mass removal rate (RMR) must be for and Verification of a Permanent or exempt-units or permanently marking determined in accordance with the Temporary Total Enclosure.’’

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(c) Process vents. (1) For each process operator determines that the process (ii) In the case when off-site material vent that is part of an affected source, vent stream flow rate is less than 6.0 m3/ streams entering the treatment process the owner or operator must meet the min at standard conditions (as defined are a mixture of off-site material streams requirements in either paragraph in 40 CFR 63.2) and the total HAP having an average VOHAP (c)(1)(i) or (c)(1)(ii) of this section except concentration is less than 20 ppmv. The concentration equal to or greater than for those process vents exempted under process vent stream flow rate and total 500 ppmw at the point-of-delivery with paragraph (c)(2) of this section. HAP concentration shall be determined off-site material streams having average (i) The owner or operator controls air in accordance with the procedures VOHAP concentrations less than 500 emissions from the process vent in specified in § 63.694(m) of this subpart. ppmw at the point-of-delivery, then the accordance with the standards specified Documentation must be prepared by the VOHAP concentration of the off-site in § 63.690 of this subpart. owner or operator and maintained at the material must be reduced to a level at (ii) The owner or operator determines plant site to support the determination the point-of-treatment that meets the before placing off-site material in the of the process vent stream flow rate and performance level specified in either process equipment associated with the total HAP concentration. This paragraph (b)(1)(ii)(A) or (b)(1)(ii)(B) of process vent that the average VOHAP documentation must include this section. concentration of the off-site material is identification of each process vent * * * * * less than ppmw at the point-of-delivery. exempted under this paragraph (3) HAP reduction efficiency. For any The owner or operator must perform an (c)(2)(iii) and the test results used to initial determination of the average treatment process except a treatment determine the process vent stream flow process that uses biological degradation VOHAP concentration of the off-site rate and total HAP concentration. The material using the procedures specified and is performed in an open tank or owner or operator must perform a new surface impoundment, the treatment in § 63.694(b) of this subpart before any determination of the process vent portion of the off-site material stream is process must achieve the applicable stream flow rate and total HAP performance level specified in either placed in the unit. Thereafter, the owner concentration when the extent of or operator must review and update, as paragraph (b)(3)(i) or (b)(3)(ii) of this changes to operation of the unit on section. necessary, this determination at least which the process vent is used could * * * * * once every calendar year following the cause either the process vent stream date of the initial determination for the flow rate to exceed the limit of 6.0 m3/ (4) Biological degradation performed off-site material stream. min or the total HAP concentration to in an open tank or surface (2) A process vent is exempted from exceed the limit of 20 ppmv. impoundment. A treatment process the requirements of paragraph (c)(1) of using biological degradation and (d) Equipment leaks. The owner or this section when the owner or operator performed in an open tank or surface operator must control equipment leaks meets one of the exemptions provided impoundment must achieve the from each equipment component that is in paragraphs (c)(2)(i) through (c)(2)(iii) performance level specified in either part of the affected source specified in of this section. paragraph (b)(4)(i) or (b)(4)(ii) of this § 63.680(c)(3) of this subpart by (i) A process vent is exempted from section. implementing leak detection and the requirements in paragraph (c)(1) of * * * * * this section if the process vent is also control measures in accordance with the (5) Incineration. The treatment subject to another subpart under part 63 standards specified in § 63.691 of this process must destroy the HAP contained or 40 CFR part 61, and the owner or subpart. in the off-site material stream using one operator is controlling the HAP listed in 5. Section 63.684 is amended by of the combustion devices specified in Table 1 of this subpart that are emitted revising paragraphs (a), (b) introductory paragraphs (b)(5)(i) through (b)(5)(iv) of from the process vent in compliance text, (b)(1)(ii), (b)(3) introductory text, this section. with the provisions specified in the (b)(4) introductory text, (b)(5), (d), (e), other applicable subpart under part 61 (f), and (g) to read as follows: (i) An incinerator for which the owner or part 63. or operator has been issued a final § 63.684 Standards: Off-site material permit under 40 CFR part 270, and the (ii) A process vent is exempted from treatment. the requirements specified in paragraph incinerator is designed and operated in (c)(1) of this section if the owner or (a) The provisions of this section accordance with the requirements of 40 operator determines that the process apply to the treatment of off-site CFR part 264, subpart O—Incinerators, vent stream flow rate is less than 0.005 material to remove or destroy HAP for or cubic meters per minute (m3/min) at which § 63.683(b)(1)(ii) of this subpart (ii) An incinerator for which the standard conditions (as defined in 40 references the requirements of this owner or operator has certified CFR 63.2). The process vent stream flow section for such treatment. compliance with the interim status rate shall be determined in accordance (b) The owner or operator shall requirements of 40 CFR part 265, with the procedures specified in remove or destroy the HAP contained in subpart O—Incinerators. § 63.694(m) of this subpart. off-site material streams to be managed (iii) A boiler or industrial furnace for Documentation must be prepared by the in the off-site material management unit which the owner or operator has been owner or operator and maintained at the in accordance with § 63.683(b)(1)(ii) of issued a final permit under 40 CFR part plant site to support the determination this subpart using a treatment process 270, and the combustion unit is of the process vent stream flow rate. that continuously achieves, under designed and operated in accordance This documentation must include normal operations, one or more of the with the requirements of 40 CFR part identification of each process vent performance levels specified in 266, subpart H—Hazardous Waste exempted under this paragraph and the paragraphs (b)(1) through (b)(5) of this Burned in Boilers and Industrial test results used to determine the section (as applicable to the type of Furnaces. process vent stream flow rate. treatment process) for the range of off- (iv) A boiler or industrial furnace for (iii) A process vent is exempted from site material stream compositions and which the owner or operator has the requirements specified in paragraph quantities expected to be treated. certified compliance with the interim (c)(1) of this section if the owner or (1) * * * status requirements of 40 CFR part 266,

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 38968 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations subpart H Hazardous Waste Burned in process must be operated to either Tank Level 1 controls or Tank Boilers and Industrial Furnaces. continuously achieve the applicable Level 2 controls as specified for the tank * * * * * performance requirements of this by Table 3 of this subpart based on the (d) When the owner or operator treats section. off-site material maximum HAP vapor the off-site material to meet one of the (3) When the treatment process is pressure and the tank’s design capacity. performance levels specified in operating to treat off-site material, the The owner or operator shall control air paragraphs (b)(1) through (b)(4) of this owner or operator shall inspect the data emissions from a tank required by Table section, the owner or operator shall recorded by the continuous monitoring 3 to use Tank Level 1 controls in demonstrate that the treatment process system on a routine basis and operate accordance with the requirements of achieves the selected performance level the treatment process such that the paragraph (c) of this section. The owner for the range of expected off-site actual value of each monitored or operator shall control air emissions material stream compositions expected operating parameter is greater than the from a tank required by Table 3 to use to be treated. An initial demonstration minimum operating parameter value or Tank Level 2 controls in accordance shall be performed as soon as possible less than the maximum operating with the requirements of paragraph (d) but no later than 30 days after first time parameter value, as appropriate, of this section. an owner or operator begins using the established for the treatment process. (2) For a tank that is part of a new treatment process to manage off-site (4) When the treatment process is a affected source but the tank is not used material streams in accordance with the biological treatment process that is to manage off-site material having a requirements of either § 63.683(b)(1)(ii) complying with paragraph (b)(4) of this maximum HAP vapor pressure that is or § 63.683(b)(2)(ii) of this subpart as section, the owner or operator must equal to or greater than 76.6 kPa nor is applicable to the affected off-site establish and implement a written the tank used for a waste stabilization material management unit or process procedure to monitor the appropriate process as defined in § 63.681 of this equipment. Thereafter, the owner or parameters that demonstrate proper subpart, the owner or operator shall operator shall review and update, as operation of the biological treatment determine whether the tank is required necessary, this demonstration at least unit in accordance with the evaluation to use either Tank Level 1 controls or once every calendar year following the required in § 63.694(h) of this subpart. Tank Level 2 controls as specified for date of the initial demonstration. The written procedure must list the the tank by Table 4 of this subpart based (e) When the owner or operator treats operating parameters that will be on the off-site material maximum HAP the off-site material to meet one of the monitored and state the frequency of vapor pressure and the tank’s design performance levels specified in monitoring to ensure that the biological capacity. The owner or operator shall paragraphs (b)(1) through (b)(4) of this treatment unit is operating between the control air emissions from a tank section, the owner or operator shall minimum operating parameter values required by Table 4 to use Tank Level ensure that the treatment process is and maximum operating parameter 1 controls in accordance with the achieving the applicable performance values to establish that the biological requirements of paragraph (c) of this requirements by continuously treatment unit is continuously achieving section. The owner or operator shall monitoring the operation of the process the performance requirement. (f) The owner or operator must control air emissions from a tank when it is used to treat off-site material maintain records for each treatment required by Table 4 to use Tank Level by complying with paragraphs (e)(1) process in accordance with the 2 controls in accordance with the through (e)(3) or, for biological requirements of § 63.696(a) of this requirements of paragraph (d) of this treatment units, paragraph (e)(4) of this subpart. section. section: (g) The owner or operator must (3) For a tank that is used for a waste (1) A continuous monitoring system prepare and submit reports for each stabilization process, the owner or shall be installed and operated for each treatment process in accordance with operator shall control air emissions from treatment that measures operating the requirements of § 63.697(a) of this the tank by using Tank Level 2 controls parameters appropriate for the treatment subpart. in accordance with the requirements of process technology. This system shall paragraph (d) of this section. include a continuous recorder that * * * * * 6. Section 63.685 is amended by (4) For a tank that manages off-site records the measured values of the adding paragraph (i)(3) and by revising material having a maximum HAP vapor selected operating parameters. The paragraphs (b), (c)(2), (f)(1)(ii)(A), pressure that is equal to or greater than monitoring equipment shall be (g)(2)(i)(B), (h)(2), (h)(3), and (i) 76.6 kPa, the owner or operator must installed, calibrated, and maintained in introductory text to read as follows: control air emissions by using one of the accordance with the equipment tanks specified in paragraphs (b)(4)(i) manufacturer’s specifications or other § 63.685 Standards: Tanks. through (b)(4)(iii) of this section. written procedures that provide * * * * * reasonable assurance that the (b) The owner or operator shall (i) A tank vented through a closed- monitoring equipment is operating control air emissions from each tank vent system to a control device in properly. The continuous recorder shall subject to this section in accordance accordance with the requirements be a data recording device that records with the following applicable specified in paragraph (g) of this either an instantaneous data value at requirements: section; least once every 15 minutes or an (1) For a tank that is part of an (ii) A pressure tank designed and average value for intervals of 15 minutes existing affected source but the tank is operated in accordance with the or less. not used to manage off-site material requirements specified in paragraph (h) (2) For each monitored operating having a maximum HAP vapor pressure of this section; or parameter, the owner or operator shall kilopascal (kPa) that is equal to or (iii) A tank located inside an establish a minimum operating greater than 76.6 kPa nor is the tank enclosure that is vented through a parameter value or a maximum used for a waste stabilization process as closed-vent system to an enclosed operating parameter value, as defined in § 63.681 of this subpart, the combustion control device in appropriate, to define the range of owner or operator shall determine accordance with the requirements conditions at which the treatment whether the tank is required to use specified in paragraph (i) of this section.

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(c) * * * (2) * * * (b) The owner or operator shall (2) The owner or operator must (i) * * * control air emissions from each surface control air emissions from the tank in (B) To remove accumulated sludge or impoundment subject to this section by accordance with the requirements in other residues from the bottom of the using one of the following: either paragraph (c)(2)(i), (c)(2)(ii), or tank. * * * * * (c)(2)(iii) of this section, as applicable to * * * * * 9. Section 63.688 is amended by the tank. (h) * * * revising paragraphs (b) and (c) to read (i) The owner or operator controls air (2) All tank openings shall be as follows: emissions from the tank in accordance equipped with closure devices designed with the provisions specified in subpart to operate with no detectable organic § 63.688 Standards: Containers. 00 of 40 CFR part 63—National emissions as determined using the * * * * * Emission Standards for Tanks—Level 1. procedure specified in § 63.694(k) of (b) The owner or operator shall (ii) As an alternative to meeting the this subpart. control air emissions from each requirements in paragraph (c)(2)(i) of (3) Whenever an off-site material is in container subject to this section in this section, an owner or operator may the tank, the tank shall be operated as accordance with the following control air emissions from the tank in a closed system that does not vent to the requirements, as applicable to the accordance with the provisions for Tank atmosphere except under either of the container, except when the special Level 2 controls as specified in following conditions as specified in provisions for waste stabilization paragraph (d) of this section. paragraph (h)(3)(i) or (h)(3)(ii) of this processes specified in paragraph (c) of (iii) As an alternative to meeting the section. this section apply to the container. requirements in paragraph (c)(2)(i) of (i) At those times when opening of a (1) For a container having a design this section when a tank is used as an safety device, as defined in § 63.681 of capacity greater than 0.1 m3 and less interim transfer point to transfer off-site this subpart, is required to avoid an than or equal to 0.46 m3, the owner or material from containers to another off- unsafe condition. operator must control air emissions site material management unit, an (ii) At those times when purging of from the container in accordance with owner or operator may control air inerts from the tank is required and the the requirements in either paragraph emissions from the tank in accordance purge stream is routed to a closed-vent (b)(1)(i) or (b)(1)(ii) of this section. with the requirements in paragraphs system and control device designed and (i) The owner or operator controls air (c)(2)(iii)(A) and (c)(2)(iii)(B) of this operated in accordance with the emissions from the container in section. An example of such a tank is an requirements of § 63.693 of this subpart. accordance with the standards for in-ground tank into which organic- (i) The owner or operator who elects Container Level 1 controls as specified contaminated debris is dumped from to control air emissions by using an in 40 CFR part 63, subpart PP—National roll-off boxes or dump trucks, and then enclosure vented through a closed-vent Emission Standards for Containers. this debris is promptly transferred from system to an enclosed combustion (ii) As an alternative to meeting the the tank to a macroencapsulation unit control device shall meet the requirements in paragraph (b)(1)(i) of by a backhoe. requirements specified in paragraphs this section, an owner or operator may (A) During those periods of time when (i)(1) through (i)(3) of this section. choose to control air emissions from the the material transfer activity is * * * * * container in accordance with the occurring, the tank may be operated (3) Opening of a safety device, as standards for either Container Level 2 without a cover. defined in § 63.681 of this subpart, is controls or Container Level 3 controls as (B) At all other times, air emissions allowed at any time conditions require specified in subpart PP of this part 63— from the tank must be controlled in it to do so to avoid an unsafe condition. National Emission Standards for accordance with the provisions 7. Section 63.686 is amended by Containers. revising the paragraph (b) introductory (2) For a container having a design specified in 40 CFR part 67, subpart 3 00—National Emission Standards for text and adding paragraph (b)(3) to read capacity greater than 0.46 m and the Tanks—Level 1. as follows: container is not in light-material service as defined in § 63.681 of this subpart, * * * * * § 63.686 Standards: Oil-water and organic- the owner or operator must control air (f) * * * water separators. emissions from the container in (1) * * * * * * * * accordance with the requirements in (ii) * * * (b) The owner or operator shall either paragraph (b)(1)(i) or (b)(1)(ii) of (A) The primary seal shall be a liquid- control air emissions from each this section. mounted seal or a metallic shoe seal, as separator subject to this section by using (3) For a container having a design defined in § 63.681 of this subpart. The one of the following: capacity greater than 0.46 m3 and the total area of the gaps between the tank * * * * * container is in light-material service as wall and the primary seal shall not defined in § 63.681 of this subpart, the exceed 212 square centimeters (cm2) per (3) A pressurized separator that operates as a closed system in owner or operator must control air meter of tank diameter, and the width emissions from the container in of any portion of these gaps shall not accordance with all applicable provisions specified in 40 CFR part 63, accordance with the requirements in exceed 3.8 centimeters (cm). If a either paragraph (b)(3)(i) or (b)(3)(ii) of metallic shoe seal is used for the subpart VV—National Emission Standards for Oil-Water Separators and this section. primary seal, the metallic shoe seal shall (i) The owner or operator controls air be designed so that one end extends into Organic-Water Separators. 8. Section 63.687 is amended by emissions from the container in the liquid in the tank and the other end revising the paragraph (b) introductory accordance with the standards for extends a vertical distance of at least 61 text to read as follows: Container Level 2 controls as specified centimeters (24 inches) above the liquid in 40 CFR part 63, subpart PP—National surface. § 63.687 Standards: Surface Emission Standards for Containers. * * * * * impoundments. (ii) As an alternative to meeting the (g) * * * * * * * * requirements in paragraph (b)(3)(i) of

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 38970 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations this section, an owner or operator may operated in accordance with the § 63.693 Standards: Closed-vent systems choose to control air emissions from the requirements of § 63.693 of this subpart. and control devices. container in accordance with the (d) Owners and operators controlling (a) The provisions of this section standards for Container Level 3 controls air emissions from a transfer system apply to closed-vent systems and as specified in 40 CFR part 63, subpart using covers in accordance with the control devices used to control air PP—National Emission Standards for provisions of paragraph (c)(1) of this emissions for which another standard Containers. section shall meet the requirements references the use of this section for (c) When a container subject to this specified in paragraphs (d)(1) through such air emission control. subpart and having a design capacity (d)(6) of this section. (b) For each closed-vent system and greater than 0.1 m3 is used for treatment * * * * * control device used to comply with this of an off-site material by a waste (5) Whenever an off-site material is in section, the owner or operator shall stabilization process as defined in the transfer system, the cover shall be meet the following requirements: § 63.681 of this subpart, the owner or installed with each closure device (1) The owner or operator must use a operator shall control air emissions from secured in the closed position except as closed-vent system that meets the the container at those times during the specified in paragraph (d)(5)(i) or requirements specified in paragraph (c) process when the off-site material in the (d)(5)(ii) of this section. of this section. container is exposed to the atmosphere * * * * * (2) The owner or operator must use a in accordance with the standards for 11. Section 63.690 is revised to read control device that meets the Container Level 3 controls as specified as follows: requirements specified in paragraphs (d) in 40 CFR part 63, subpart PP—National through (h) of this section as applicable Emission Standards for Containers. § 63.690 Standards: Process vents. to the type and design of the control 10. Section 63.689 is amended by (a) The provisions of this section device selected by the owner or operator revising paragraphs (b), (c), (d) apply to the control of air emissions to comply with the provisions of this introductory text, and (d)(5) from process vents for which section. introductory text to read as follows: § 63.683(c)(1)(i) of this subpart (3) Whenever gases or vapors references the use of this section for containing HAP are vented through a § 63.689 Standards: Transfer systems. such air emission control. closed-vent system connected to a * * * * * (b) The owner or operator must route control device used to comply with this (b) For each transfer system that is the vent stream from each affected section, the control device must be subject to this section and is an process vent through a closed-vent operating except at those times listed in individual drain system, the owner or system to a control device that meets the either paragraph (b)(3)(i) or (b)(3)(ii) of operator shall control air emissions in standards specified in § 63.693 of this this section. accordance with the standards specified subpart. For the purpose of complying (i) The control device may be in 40 CFR part 63, subpart RR—National with this paragraph (b), a primary bypassed for the purpose of performing Emission Standards for Individual Drain condenser is not a control device; planned routine maintenance of the Systems. however, a second condenser or other closed-vent system or control device in (c) For each transfer system that is organic recovery device that is operated situations when the routine subject to this section but is not an downstream of the primary condenser is maintenance cannot be performed individual drain system, the owner or considered a control device. during periods that the emission point operator shall control air emissions by 12. Section 63.691 is revised to read vented to the control device is using one of the transfer systems as follows: shutdown. On an annual basis, the total specified in paragraphs (c)(1) through § 63.691 Standards: Equipment leaks. time that the closed-vent system or (c)(3) of this section. (a) The provisions of this section control device is bypassed to perform (1) A transfer system that uses covers apply to the control of air emissions routine maintenance shall not exceed in accordance with the requirements from equipment leaks for which 240 hours per each calendar year. specified in paragraph (d) of this § 63.683(b)(3) of this subpart references (ii) The control device may be section. the use of this section for such air bypassed for the purpose of correcting a (2) A transfer system that consists of emission control. malfunction of the closed-vent system continuous hard-piping. All joints or (b) The owner or operator shall or control device. The owner or operator seams between the pipe sections shall control the HAP emitted from shall perform the adjustments or repairs be permanently or semi-permanently equipment leaks in accordance with the necessary to correct the malfunction as sealed (e.g., a welded joint between two applicable provisions specified in either soon as practicable after the malfunction sections of metal pipe or a bolted and paragraph (b)(1) or (b)(2) of this section. is detected. gasketed flange). (1) The owner or operator controls the (4) The owner or operator must (3) A transfer system that is enclosed HAP emitted from equipment leaks in inspect and monitor each closed-vent and vented through a closed-vent accordance with § 61.242 through system in accordance with the system to a control device in accordance § 61.247 in 40 CFR part 61, subpart V— requirements specified in either with the requirements specified in National Emission Standards for paragraph (b)(4)(i) or (b)(4)(ii) of this paragraphs (c)(3)(i) and (c)(3)(ii) of this Equipment Leaks; or section. section. (2) The owner or operator controls the (i) The owner or operator inspects and (i) The transfer system is designed HAP emitted from equipment leaks in monitors the closed-vent system in and operated such that an internal accordance with § 63.162 through accordance with the requirements pressure in the vapor headspace in the § 63.182 in subpart H—National specified in § 63.695(c) of this subpart, enclosure is maintained at a level less Emission Standards for Organic and complies with the applicable than atmospheric pressure when the Hazardous Air Pollutants from recordkeeping requirements in § 63.696 control device is operating, and Equipment Leaks. of this subpart and the applicable (ii) The closed-vent system and 13. Section 63.693 is revised to read reporting requirements in § 63.697 of control device are designed and as follows: this subpart.

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(ii) As an alternative to meeting the control device by either of the following (d) Carbon adsorption control device requirements specified in paragraph closed-vent systems: requirements. (b)(4)(i) of this section, the owner or (i) A closed-vent system that is (1) The carbon adsorption system operator may choose to inspect and designed to operate with no detectable must achieve the performance monitor the closed-vent system in organic emissions using the procedure specifications in either paragraph accordance with the requirements under specified in § 63.694(k) of this subpart; (d)(1)(i) or (d)(1)(ii) of this section. 40 CFR part 63, subpart H—National or (i) Recover 95 percent or more, on a Emission Standards for Organic (ii) A closed-vent system that is weight-basis, of the total organic Hazardous Air Pollutants for Equipment designed to operate at a pressure below compounds (TOC), less methane and Leaks as specified in 40 CFR 63.172(f) atmospheric pressure. The system shall ethane, contained in the vent stream through (h), and complies with the be equipped with at least one pressure entering the carbon adsorption system; applicable recordkeeping requirements gage or other pressure measurement or in 40 CFR 63.181 and the applicable device that can be read from a readily (ii) Recover 95 percent or more, on a reporting requirements in 40 CFR accessible location to verify that weight-basis, of the total HAP listed in 63.182. negative pressure is being maintained in Table 1 of this subpart contained in the (5) The owner or operator must the closed-vent system when the control vent stream entering the carbon monitor the operation of each control device is operating. adsorption system. (2) The owner or operator must device in accordance with the (2) In situations when the closed-vent demonstrate that the carbon adsorption requirements specified in paragraphs (d) system includes bypass devices that system achieves the performance through (h) of this section as applicable could be used to divert a vent stream from the closed-vent system to the requirements in paragraph (d)(1) of this to the type and design of the control atmosphere at a point upstream of the section by either performing a device selected by the owner or operator control device inlet, each bypass device performance test as specified in to comply with the provisions of this must be equipped with either a flow paragraph (d)(2)(i) of this section or a section. indicator as specified in paragraph design analysis as specified in (6) The owner or operator shall (c)(2)(i) of this section or a seal or paragraph (d)(2)(ii) of this section. maintain records for each control device locking device as specified in paragraph (i) An owner or operator choosing to in accordance with the requirements of (c)(2)(ii) of this section. For the purpose use a performance test to demonstrate § 63.696 of this subpart. of complying with this paragraph (c)(2), compliance must conduct the test in (7) The owner or operator shall low leg drains, high point bleeds, accordance with the requirements of prepare and submit reports for each analyzer vents, open-ended valves or § 63.694(l) of this subpart. control device in accordance with the lines, or pressure relief valves needed (ii) An owner or operator choosing to requirements of § 63.697 of this subpart. for safety reasons are not subject to the use a design analysis to demonstrate (8) In the case when an owner or requirements of this paragraph (c)(2). compliance must include as part of this operator chooses to use a design (i) If a flow indicator is used, the design analysis the information analysis to demonstrate compliance of a indicator must be installed at the specified in either paragraph control device with the applicable entrance to the bypass line used to (d)(2)(ii)(A) or (d)(2)(ii)(B) of this section performance requirements specified in divert the vent stream from the closed- as applicable to the carbon adsorption this section as provided for in vent system to the atmosphere. The flow system design. paragraphs (d) through (g) of this indicator must indicate a reading at (A) For a regenerable carbon section, the Administrator may request least once every 15 minutes. The owner adsorption system, the design analysis that the design analysis be revised or or operator must maintain records of the shall address the vent stream amended by the owner or operator to following information: hourly records of composition, constituent correct any deficiencies identified by whether the flow indicator was concentrations, flow rate, relative the Administrator. If the owner or operating and whether flow was humidity, and temperature and shall operator and the Administrator do not detected at any time during the hour; establish the design exhaust vent stream agree on the acceptability of using the and records of all periods when flow is organic compound concentration, design analysis (including any changes detected or the flow indicator is not adsorption cycle time, number and requested by the Administrator) to operating. capacity of carbon beds, type and demonstrate that the control device (ii) If a seal or locking device is used, working capacity of activated carbon achieves the applicable performance the bypass line valve must be secured in used for carbon beds, design total requirements, then the disagreement the non-diverting position with a car- regeneration steam flow over the period must be resolved using the results of a seal or a lock-and-key type of each complete carbon bed performance test conducted by the configuration. The seal or locking regeneration cycle, design carbon bed owner or operator in accordance with device must be placed on the temperature after regeneration, design the requirements of § 63.694(l) of this mechanism by which the bypass device carbon bed regeneration time, and subpart. The Administrator may choose position is controlled (e.g., valve design service life of the carbon. to have an authorized representative handle, damper lever) when the bypass (B) For a nonregenerable carbon observe the performance test conducted device is in the non-diverting position adsorption system (e.g., a carbon by the owner or operator. Should the such that the bypass device cannot be canister), the design analysis shall results of this performance test not agree moved to the diverting position without address the vent stream composition, with the determination of control device breaking the seal or removing the lock. constituent concentrations, flow rate, performance based on the design The owner or operator must visually relative humidity, and temperature and analysis, then the results of the inspect the seal or closure mechanism at shall establish the design exhaust vent performance test will be used to least once every month to determine stream organic compound establish compliance with this subpart. that the bypass line valve is maintained concentration, carbon bed capacity, (c) Closed-vent system requirements. in the non-diverting position and the activated carbon type and working (1) The vent stream required to be vent stream is not diverted through the capacity, and design carbon controlled shall be conveyed to the bypass line. replacement interval based on the total

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 38972 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations carbon working capacity of the control (B) Regenerated or reactivated in a concentrations, flow rate, relative device and emission point operating thermal treatment unit equipped with humidity, and temperature; and schedule. and operating air emission controls in specification of the design outlet organic (3) The owner or operator must accordance with this section. compound concentration level, design monitor the operation of the carbon (C) Regenerated or reactivated in a average temperature of the condenser adsorption system in accordance with thermal treatment unit equipped with exhaust vent stream, and the design the requirements of § 63.695(e) of this and operating organic air emission average temperatures of the coolant subpart using one of the continuous controls in accordance with a national fluid at the condenser inlet and outlet. monitoring systems specified in emission standard for hazardous air (3) The owner or operator must paragraphs (d)(3)(i) through (d)(3)(iii) of pollutants under another subpart in 40 monitor the operation of the condenser this section. CFR part 63 or 40 CFR part 61. in accordance with the requirements of (i) For a regenerative-type carbon (D) Burned in a hazardous waste § 63.695(e) of this subpart using one of adsorption system: incinerator for which the owner or the continuous monitoring systems (A) A continuous parameter operator has been issued a final permit specified in paragraphs (e)(3)(i) through monitoring system to measure and under 40 CFR part 270 that implements (e)(3)(iii) of this section. record the average total regeneration the requirements of 40 CFR part 264, (i) A continuous parameter stream mass flow or volumetric flow subpart O. monitoring system to measure and during each carbon bed regeneration (E) Burned in a hazardous waste record the daily average temperature of cycle. The integrating regenerating incinerator for which the owner or the exhaust gases from the control stream flow monitoring device must operator has designed and operates the device. The accuracy of the temperature ± have an accuracy of 10 percent; and incinerator in accordance with the monitoring device shall be ±1 percent of (B) A continuous parameter interim status requirements of 40 CFR the temperature being measured, monitoring system to measure and part 265, subpart O. expressed in degrees Celsius or ±5°C, record the average carbon bed (F) Burned in a boiler or industrial whichever is greater. temperature for the duration of the furnace for which the owner or operator (ii) A continuous monitoring system carbon bed steaming cycle and to has been issued a final permit under 40 to measure and record the daily average measure the actual carbon bed CFR part 270 that implements the concentration of organic compounds in temperature after regeneration and requirements of 40 CFR part 266, the exhaust vent stream from the control within 15 minutes of completing the subpart H. device. The accuracy of the cooling cycle. The accuracy of the (G) Burned in a boiler or industrial concentration monitoring device shall temperature monitoring device must be furnace for which the owner or operator ± ± be 1 percent of the concentration being 1 percent of the temperature being has designed and operates the unit in measured. measured, expressed in degrees Celsius accordance with the interim status ± ° (iii) A continuous monitoring system or 5 C, whichever is greater. requirements of 40 CFR part 266, that measures other alternative (ii) A continuous monitoring system subpart H. operating parameters upon approval of to measure and record the daily average (e) Condenser control device the Administrator as specified in 40 concentration level of organic requirements. CFR 63.8(f)(1) through (f)(5) of this part. compounds in the exhaust gas stream (1) The condenser must achieve the (f) Vapor incinerator control device from the control device. The accuracy of performance specifications in either requirements. the organic monitoring device must be paragraph (e)(1)(i) or (e)(1)(ii) of this (1) The vapor incinerator must ±1 percent of the concentration being section. achieve the performance specifications measured. (i) Recover 95 percent or more, on a (iii) A continuous monitoring system weight-basis, of the total organic in either paragraph (f)(1)(i), (f)(1)(ii), or that measures other alternative compounds (TOC), less methane and (f)(1)(iii) of this section. operating parameters upon approval of ethane, contained in the vent stream (i) Destroy the total organic the Administrator as specified in 40 entering the condenser; or compounds (TOC), less methane and CFR 63.8(f)(1) through (f)(5) of this part. (ii) Recover 95 percent or more, on a ethane, contained in the vent stream (4) The owner or operator shall weight-basis, of the total HAP, listed in entering the vapor incinerator either: manage the carbon used for the carbon Table 1 of this subpart, contained in the (A) By 95 percent or more, on a adsorption system, as follows: vent stream entering the condenser. weight-basis, or (i) Following the initial startup of the (2) The owner or operator must (B) To achieve a total incinerator control device, all carbon in the control demonstrate that the condenser achieves outlet concentration for the TOC, less device shall be replaced with fresh the performance requirements in methane and ethane, of less than or carbon on a regular, predetermined time paragraph (e)(1) of this section by either equal to ppmv on a dry basis corrected interval that is no longer than the performing a performance test as to 3 percent oxygen. carbon service life established for the specified in paragraph (e)(2)(i) of this (ii) Destroy the HAP listed in Table 1 carbon adsorption system. section or a design analysis as specified of this subpart contained in the vent (ii) The spent carbon removed from in paragraph (e)(2)(ii) of this section. stream entering the vapor incinerator the carbon adsorption system must be (i) An owner or operator choosing to either: either regenerated, reactivated, or use a performance tests to demonstrate (A) By 95 percent or more, on a total burned in one of the units specified in compliance must conduct the test in HAP weight-basis, or paragraphs (d)(4)(ii)(A) through accordance with the requirements of (B) To achieve a total incinerator (d)(4)(ii)(G) of this section. § 63.694(l) of this subpart. outlet concentration for the HAP, listed (A) Regenerated or reactivated in a (ii) An owner or operator choosing to in Table 1 of this subpart, of less than thermal treatment unit for which the use a design analysis to demonstrate or equal to ppmv on a dry basis owner or operator has been issued a compliance must include as part of this corrected to 3 percent oxygen. final permit under 40 CFR part 270 that design analysis the following (iii) Maintain the conditions in the implements the requirements of 40 CFR information: description of the vent vapor incinerator combustion chamber part 264, subpart X. stream composition, constituent at a residence time of 0.5 seconds or

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The accuracy of using the applicable method specified either performing a performance test as the concentration monitoring device in paragraph (g)(2)(i) or (g)(2)(ii) of this specified in paragraph (f)(2)(i) of this must be ±1 percent of the concentration section. section or a design analysis as specified being measured. (i) If an owner or operator chooses to in paragraph (f)(2)(ii) of this section. (iv) For either type of vapor comply with the performance (i) An owner or operator choosing to incinerator, a continuous monitoring specifications in either paragraph use a performance test to demonstrate system that measures alternative (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this compliance must conduct the test in operating parameters other than those section, the owner or operator must accordance with the requirements of specified in paragraph (f)(3)(i) or demonstrate compliance with the § 63.694(l) of this subpart. (f)(3)(ii) of this section upon approval of applicable performance specifications (ii) An owner or operator choosing to the Administrator as specified in 40 by either performing a performance test use a design analysis to demonstrate CFR 63.8(f)(1) through (f)(5) of this part. as specified in paragraph (g)(2)(i)(A) of compliance must include as part of this (g) Boilers and process heaters control this section or a design analysis as design analysis the information device requirements. specified in paragraph (g)(2)(i)(B) of this specified in either paragraph (f)(2)(ii)(A) (1) The boiler or process heater must section. or (f)(2)(ii)(B) of this section as achieve the performance specifications (A) An owner or operator choosing to applicable to the vapor incinerator in either paragraph (g)(1)(i), (g)(1)(ii), use a performance test to demonstrate design. (g)(1)(iii), (g)(1)(iv), or (g)(1)(v) of this compliance must conduct the test in (A) For a thermal vapor incinerator, section. accordance with the requirements of the design analysis shall address the (i) Destroy the total organic § 63.694(l) of this subpart. vent stream composition, constituent compounds (TOC), less methane and (B) An owner or operator choosing to concentrations, and flow rate and shall ethane, contained in the vent stream use a design analysis to demonstrate establish the design minimum and introduced into the flame zone of the compliance must include as part of this average temperatures in the combustion boiler or process heater either: design analysis the following (A) By 95 percent or more, on a chamber and the combustion chamber information: description of the vent weight-basis, or residence time. stream composition, constituent (B) To achieve in the exhausted concentrations, and flow rate; (B) For a catalytic vapor incinerator, combustion gases a total concentration specification of the design minimum the design analysis shall address the for the TOC, less methane and ethane, and average flame zone temperatures vent stream composition, constituent of less than or equal to 20 parts ppmv and combustion zone residence time; concentrations, and flow rate and shall on a dry basis corrected to 3 percent and description of the method and establish the design minimum and oxygen. average temperatures across the catalyst (ii) Destroy the HAP listed in Table 1 location by which the vent stream is bed inlet and outlet, and the design of this subpart contained in the vent introduced into the flame zone. service life of the catalyst. stream entering the vapor incinerator (ii) If an owner or operator chooses to (3) The owner or operator must either: comply with the performance monitor the operation of the vapor (A) By 95 percent or more, on a total specifications in either paragraph incinerator in accordance with the HAP weight-basis, or (g)(1)(iv) or (g)(1)(v) of this section, the requirements of § 63.695(e) of this (B) To achieve in the exhausted owner or operator must demonstrate subpart using one of the continuous combustion gases a total concentration compliance by maintaining the records monitoring systems specified in for the HAP, listed in Table 1 of the that document that the boiler or process paragraphs (f)(3)(i) through (f)(3)(iv) of subpart, of less than or equal to 20 heater is designed and operated in this section as applicable to the type of ppmv on a dry basis corrected to 3 accordance with the applicable vapor incinerator used. percent oxygen. requirements of this section. (i) For a thermal vapor incinerator, a (iii) Introduce the vent stream into the (3) For a boiler or process heater continuous parameter monitoring flame zone of the boiler or process complying with the performance system to measure and record the daily heater and maintain the conditions in specifications in either paragraph average temperature of the exhaust gases the combustion chamber at a residence (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this from the control device. The accuracy of time of 0.5 seconds or longer and at a section, the owner or operator must the temperature monitoring device must temperature of 760°C or higher. monitor the operation of a boiler or be ±1 percent of the temperature being (iv) Introduce the vent stream with process heater in accordance with the measured, expressed in degrees Celsius the fuel that provides the predominate requirements of § 63.695(e) of this of ±0.5°C, whichever is greater. heat input to the boiler or process heater subpart using one of the continuous (ii) For a catalytic vapor incinerator, (i.e., the primary fuel); or monitoring systems specified in a temperature monitoring device (v) Introduce the vent stream to a paragraphs (g)(3)(i) through (g)(3)(iii) of capable of monitoring temperature at boiler or process heater for which the this section. two locations equipped with a owner or operator either has been issued (i) A continuous parameter continuous recorder. One temperature a final permit under 40 CFR part 270 monitoring system to measure and sensor shall be installed in the vent and complies with the requirements of record the daily average combustion stream at the nearest feasible point to 40 CFR part 266, subpart H of this zone temperature. The accuracy of the the catalyst bed inlet and a second chapter; or has certified compliance temperature sensor must be ±1 percent temperature sensor shall be installed in with the interim status requirements of of the temperature being measured, the vent stream at the nearest feasible 40 CFR part 266, subpart H of this expressed in degrees Celsius or ±0.5°C, point to the catalyst bed outlet. chapter. whichever is greater;

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(ii) A continuous monitoring system (3) The owner or operator must Chemical Methods,’’ EPA Publication to measure and record the daily average monitor the operation of the flare using No. SW–846, Third Edition, September concentration of organic compounds in a heat sensing monitoring device 1986, as amended by Update I, the exhaust vent stream from the control (including but not limited to a November 15, 1992. As an alternative, device. The accuracy of the thermocouple, ultraviolet beam sensor, an owner or operator may use any more concentration monitoring device must or infrared sensor) that continuously recent, updated version of Method 8260 be ±1 percent of the concentration being detects the presence of a pilot flame. approved by the EPA. For the purpose measured. The owner or operator must record, for of using Method 8260 to comply with (iii) A continuous monitoring system each 1-hour period, whether the this subpart, the owner or operator must that measures alternative operating monitor was continuously operating and maintain a formal quality assurance parameters other than those specified in whether a pilot flame was continuously program consistent with section 8 of paragraph (g)(3)(i) or (g)(3)(ii) of this present during each hour as required in Method 8260, and this program must section upon approval of the § 63.696(b)(3) of this subpart. include the following elements related Administrator as specified in 40 CFR 14. Section 63.694 is amended by to measuring the concentrations of 63.8(f)(1) through (f)(5) of this part. adding paragraphs (a)(12) and (m) and volatile compounds: (h) Flare control device requirements. by revising paragraphs (b)(2)(ii), (1) Documentation of site-specific (1) The flare must be designed and (b)(2)(iii), (b)(3)(i), (c), (e), (f), (g), (h), (i) procedures to minimize the loss of operated in accordance with the and (k) to read as follows: compounds due to volatilization, requirements in 40 CFR 63.11(b). biodegradation, reaction, or sorption (2) The owner or operator must § 63.694 Testing methods and procedures. during the sample collection, storage, demonstrate that the flare achieves the (a) * * * and preparation steps. requirements in paragraph (h)(1) of this (12) To determine process vent stream (2) Documentation of specific quality section by performing the procedures flow rate and total organic HAP assurance procedures followed during specified in paragraph (h)(2)(i) of this concentration for compliance with the sampling, sample preparation, sample section. A previous compliance standards specified in § 63.693 of this introduction, and analysis. demonstration for the flare that meets subpart, the testing methods and (3) Measurement of the average all of the conditions specified in procedures are specified in paragraph accuracy and precision of the specific paragraph (h)(2)(ii) of this section may (m) of this section. procedures, including field duplicates be used by an owner or operator to (b) * * * and field spiking of the off-site material demonstrate compliance with this (2) * * * source before or during sampling with paragraph (h)(2). (ii) Analysis. Each collected sample compounds having similar chemical (i) To demonstrate that a flare must be prepared and analyzed in characteristics to the target analytes. achieves the requirements in paragraph accordance with one of the following (H) Method 8270 in ‘‘Test Methods for (h)(1) of this section, the owner or methods as applicable to the sampled Evaluating Solid Waste, Physical/ operator performs all of the procedures off-site material for the purpose of Chemical Methods,’’ EPA Publication specified in paragraphs (h)(2)(i)(A) measuring the HAP listed in Table 1 of No. SW–846, Third Edition, September through (h)(2)(i)(C) of this section. this subpart: 1986, as amended by Update I, (A) The owner or operator conducts a (A) Method 305 in 40 CFR part 63, November 15, 1992. As an alternative, visible emission test for the flare in appendix A. an owner or operator may use any more accordance with the requirements (B) Method 25D in 40 CFR part 60, recent, updated version of Method 8270 specified in 40 CFR 63.11(b)(4). appendix A. approved by the EPA. For the purpose (B) The owner or operator determines (C) Method 624 in 40 CFR part 136, of using Method 8270 to comply with the net heating value of the gas being appendix A. If this method is used to this subpart, the owner or operator must combusted in the flare in accordance analyze one or more compounds that are maintain a formal quality assurance with the requirements specified in 40 not on the method’s published list of program consistent with Method 8270, CFR 63.11(b)(6); and approved compounds, the Alternative and this program must include the (C) The owner or operator determines Test Procedure specified in 40 CFR following elements related to measuring the flare exit velocity in accordance 136.4 and 40 CFR 136.5 must be the concentrations of volatile with the requirements applicable to the followed. compounds: flare design as specified in 40 CFR (D) Method 625 in 40 CFR part 136, (1) Documentation of site-specific 63.11(b)(7) or 40 CFR 63.11(b)(8). appendix A. For the purpose of using procedures to minimize the loss of (ii) A previous compliance this method to comply with this compounds due to volatilization, demonstration for the flare may be used subpart, the owner or operator must biodegradation, reaction, or sorption by an owner or operator to demonstrate perform corrections to these compounds during the sample collection, storage, compliance with paragraph (h)(2) of this based on the ‘‘accuracy as recovery’’ and preparation steps. section provided that all conditions for using the factors in Table 7 of the (2) Documentation of specific quality the compliance determination and method. If this method is used to assurance procedures followed during subsequent flare operation are met as analyze one or more compounds that are sampling, sample preparation, sample specified in paragraphs (h)(2)(ii)(A) and not on the method’s published list of introduction, and analysis. (h)(2)(ii)(B) of this section. approved compounds, the Alternative (3) Measurement of the average (A) The owner or operator conducted Test Procedure specified in 40 CFR accuracy and precision of the specific the compliance determination using the 136.4 and 40 CFR 136.5 must be procedures, including field duplicates procedures specified in paragraph followed. and field spiking of the off-site material (h)(2)(i) of this section. (E) Method 1624 in 40 CFR part 136, source before or during sampling with (B) No flare operating parameter or appendix A. compounds having similar chemical process changes have occurred since (F) Method 1625 in 40 CFR part 136, characteristics to the target analytes. completion of the compliance appendix A. (I) Any other analysis method that has determination which could affect the (G) Method 8260 in ‘‘Test Methods for been validated in accordance with the compliance determination results. Evaluating Solid Waste, Physical/ procedures specified in section 5.1 and

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38975 section 5.3 and the corresponding previous testing that are still applicable specified in paragraphs (b)(2)(ii)(A) calculations in section 6.1 or section 6.3 to the current off-site material stream; through (b)(2)(ii)(I) of this section, as of Method 301 in appendix A in 40 CFR previous test data for other locations applicable to the sampled off-site part 63. The data are acceptable if they managing the same type of off-site material, for the purpose of measuring meet the criteria specified in section material stream; or other knowledge the HAP listed in Table 1 of this 6.1.5 or section 6.3.3 of Method 301. If based on information in documents subpart. correction is required under section such as manifests, shipping papers, or (3) Calculations. The average VOHAP 6.3.3 of Method 301, the data are waste certification notices. concentration (C¯ ) a mass-weighted basis acceptable if the correction factor is * * * * * shall be calculated by using the results within the range of 0.7 to 1.30. Other (c) Determination of average VOHAP for all samples analyzed in accordance sections of Method 301 are not required. concentration of an off-site material with paragraph (c)(2) of this section and (iii) Calculations. The average VOHAP stream at the point-of-treatment. the following equation. An owner or concentration (C¯ ) on a mass-weighted (1) Sampling. Samples of the off-site operator using a test method that basis shall be calculated by using the material stream shall be collected at the provides species-specific chemical results for all samples analyzed in point-of-treatment in a manner such that concentrations may adjust the measured accordance with paragraph (b)(2)(ii) of volatilization of organics contained in concentrations to the corresponding this section and the following equation. the sample is minimized and an concentration values which would be An owner or operator using a test adequately representative sample is obtained had the off-site material method that provides species-specific collected and maintained for analysis by samples been analyzed using Method chemical concentrations may adjust the the selected method. 305. To adjust these data, the measured measured concentrations to the (i) The averaging period to be used for concentration for each individual HAP corresponding concentration values determining the average VOHAP chemical species contained in the off- which would be obtained had the off- concentration for the off-site material site material is multiplied by the site material samples been analyzed stream on a mass-weighted average basis appropriate species-specific adjustment using Method 305. To adjust these data, shall be designated and recorded. The factor (fm305) listed in Table 1 of this the measured concentration for each averaging period can represent any time subpart. individual HAP chemical species interval that the owner or operator 1 n contained in the off-site material is determines is appropriate for the off-site C = ×∑()QC × multiplied by the appropriate species- i i material stream but shall not exceed 1 QT i=1 specific adjustment factor (fm305) listed year. Where: in Table 1 of this subpart. (ii) A sufficient number of samples, C¯ = Average VOHAP concentration of but no less than four samples, shall be n the off-site material on a mass- 1 collected to represent the complete C = ×∑()QC × weighted basis, ppmw. i i range of HAP compositions and HAP Q = i = Individual sample ‘‘i’’ of the off-site i 1 quantities that occur in the off-site Where: material. material stream during the entire n = Total number of samples of the off- C¯ = Average VOHAP concentration of averaging period due to normal site material collected (at least 4) for the off-site material at the point-of- variations in the operating conditions the averaging period (not to exceed delivery on a mass-weighted basis, for the treatment process. Examples of 1 year). ppmw. such normal variations are seasonal Qi = Mass quantity of off-site material i = Individual sample ‘‘i’’ of the off-site variations in off-site material quantity or stream represented by Ci, kg/hr. material. fluctuations in ambient temperature. QT = Total mass quantity of off-site n = Total number of samples of the off- (iii) All samples shall be collected and material during the averaging site material collected (at least 4) for handled in accordance with written period, kg/hr. the averaging period (not to exceed procedures prepared by the owner or Ci = Measured VOHAP concentration of 1 year). operator and documented in a site sample ‘‘i’’ as determined in Qi = Mass quantity of off-site material sampling plan. This plan shall describe accordance with the requirements stream represented by Ci, kg/hr. the procedure by which representative of § 63.694(a), ppmw. QT = Total mass quantity of off-site samples of the off-site material stream * * * * * material during the averaging are collected such that a minimum loss (e) Determination of required HAP period, kg/hr. of organics occurs throughout the mass removal rate (RMR). Ci = Measured VOHAP concentration of sample collection and handling process (1) Each individual stream containing sample ‘‘i’’ as determined in and by which sample integrity is HAP that enters the treatment process accordance with the requirements maintained. A copy of the written shall be identified. of § 63.694(a), ppmw. sampling plan shall be maintained on- (2) The average VOHAP concentration * * * * * site in the plant site operating records. at the point-of-delivery for each stream (3) * * * An example of an acceptable sampling identified in paragraph (e)(1) of this (i) Documentation shall be prepared plan includes a plan incorporating section shall be determined using the that presents the information used as sample collection and handling test methods and procedures specified the basis for the owner’s or operator’s procedures in accordance with the in paragraph (b) of this section. knowledge of the off-site material requirements specified in ‘‘Test (3) For each stream identified in stream’s average VOHAP concentration. Methods for Evaluating Solid Waste, paragraph (e)(1) of this section that has Examples of information that may be Physical/Chemical Methods,’’ EPA an average VOHAP concentration equal used as the basis for knowledge include: Publication No. SW–846 or Method 25D to or greater than 500 ppmw at the material balances for the source or in 40 CFR part 60, appendix A. point-of-delivery, the average process generating the off-site material (2) Analysis. Each collected sample volumetric flow rate and the density of stream; species-specific chemical test must be prepared and analyzed in the off-site material stream at the point- data for the off-site material stream from accordance with one of the methods of-delivery shall be determined.

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(4) The required HAP mass removal (2) Each individual stream containing Caj = Average VOHAP concentration of rate (RMR) shall be calculated by using HAP that enters the treatment process material exiting process during run the average VOHAP concentration, shall be identified. Each individual ‘‘j’’ as determined in § 63.694(c), average volumetric flow rate, and stream containing HAP that exits the ppmw. density determined in paragraph (e)(3) treatment process shall be identified. Cbj = Average VOHAP concentration of of this section for each stream and the The owner or operator shall prepare a material entering process during following equation: sampling plan for measuring the run ‘‘j’’ as determined in identified streams that accurately § 63.694(b)(2), ppmw.      C −500 ppmw  reflects the retention time of the n  y  (5) The HAP reduction efficiency (R) RMR=∑  V ×k ×  material in the process. =  y y 6  shall be calculated using the HAP mass y 1 10    (3) For each run, information shall be flow rates determined in paragraph determined for each stream identified in Where: (g)(4) of this section and the following paragraph (g)(2) of this section as equation: RMR = Required HAP mass removal specified in paragraphs (g)(3)(i) through rate, kg/hr. (g)(3)(iii) of this section. EE− y = Individual stream ‘‘y’’ that has a R = b a ×100 (i) The mass quantity shall be E VOHAP concentration equal to or determined for each stream identified in b greater than 500 ppmw at the point- paragraph (g)(2) of this section as Where: of-delivery as determined in entering the process (Qb). The mass R = HAP reduction efficiency, percent. § 63.694(b). quantity shall be determined for each Eb = HAP mass flow entering process as n = Total number of ‘‘y’’ streams treated stream identified in paragraph (g)(2) of by process. determined in paragraph (g)(4) of this section as exiting the process (Qa). Vy = Average volumetric flow rate of this section, kg/hr. (ii) The average VOHAP concentration stream ‘‘y’’ at the point-of-delivery, at the point-of-delivery shall be Ea = HAP mass flow exiting process as m3/hr. determined in accordance with the 3 determined for each stream entering the ky = Density of stream ‘‘y’’, kg/m . requirements of paragraph (g)(4) of process (Cb) (as identified in paragraph C¯ y = Average VOHAP concentration of (g)(2) of this section) using the test this section, kg/hr. stream ‘‘y’’ at the point-of-delivery methods and procedures specified in (h) Determination of HAP as determined in § 63.694(b)(2), paragraph (b) of this section. biodegradation efficiency (Rbio). ppmw. (iii) The average VOHAP (1) The fraction of HAP biodegraded (f) Determination of actual HAP mass concentration at the point-of-treatment (Fbio) shall be determined using one of removal rate (MR). shall be determined for each stream the procedures specified in appendix C (1) The actual HAP mass removal rate exiting the process (Ca) (as identified in of this part 63. (MR) shall be determined based on paragraph (g)(2) of this section) using (2) The HAP biodegradation efficiency results for a minimum of three the test methods and procedures (Rbio) shall be calculated by using the consecutive runs. The sampling time for specified in paragraph (c) of this following equation: each run shall be 1 hour. section. (2) The HAP mass flow entering the Rbio = Fbio × 100 (4) The HAP mass flow entering the process (Eb) and the HAP mass flow where: process (Eb) and the HAP mass flow exiting the process (Ea) shall be exiting the process (Ea) shall be Rbio = HAP biodegradation efficiency, determined using the test methods and calculated using the results determined percent. procedures specified in paragraphs in paragraph (g)(3) of this section and (g)(2) through (g)(4) of this section. Fbio = Fraction of HAP biodegraded as the following equations: (3) The actual mass removal rate shall determined in paragraph (h)(1) of this section. be calculated using the HAP mass flow 1 m rates determined in paragraph (f)(2) of =() × (i) Determination of actual HAP mass EQCa6 ∑ aj aj this section and the following equation: 10 j=1 removal rate (MRbio). MR = Eb ¥ Ea (1) The actual HAP mass removal rate 1 m where: EQC=∑() × (MRbio) shall be determined based on b6 bj bj results for a minimum of three MR = Actual HAP mass removal rate, 10 j=1 kg/hr. consecutive runs. The sampling time for Where: Eb = HAP mass flow entering process each run shall be 1 hour. as determined in paragraph (f)(2) of this Eb = HAP mass flow entering process, (2) The HAP mass flow entering the section, kg/hr. kg/hr. process (Eb) shall be determined using Ea = HAP mass flow exiting process as Ea = HAP mass flow exiting process, kg/ the test methods and procedures determined in paragraph (f)(2) of this hr. specified in paragraphs (g)(2) through section, kg/hr. m = Total number of runs (at least 3) (g)(4) of this section. (g) Determination of treatment process j = Individual run ‘‘j’’ (3) The fraction of HAP biodegraded HAP reduction efficiency (R). Qbj = Mass quantity of material entering (Fbio) shall be determined using the (1) The HAP reduction efficiency (R) process during run ‘‘j’’, kg/hr. procedure specified in 40 CFR part 63, for a treatment process shall be Qaj = Average mass quantity of material appendix C of this part. determined based on results for a exiting process during run ‘‘j’’, kg/ (4) The actual mass removal rate shall minimum of three consecutive runs. hr. be calculated by using the HAP mass

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38977 flow rates and fraction of HAP background level, the background level value determined in paragraph (k)(8) is biodegraded determined in paragraphs value must be determined according to less than 10,000 ppmv. (i)(2) and (i)(3), respectively, of this the procedures in Method 21 of 40 CFR * * * * * section and the following equation: part 60, appendix A. (m) Determination of process vent b MRbio = E × Fbio (7) Each potential leak interface shall stream flow rate and total HAP Where: be checked by traversing the instrument concentration. probe around the potential leak MRbio = Actual HAP mass removal rate, (1) Method 1 or 1A of 40 CFR part 60, interface as close to the interface as appendix A, as appropriate, must be kg/hr. possible, as described in Method 21. In Eb = HAP mass flow entering process, used for selection of the sampling site. the case when the configuration of the (2) No traverse site selection method kg/hr. cover or closure device prevents a Fbio = Fraction of HAP biodegraded. is needed for vents smaller than 0.10 complete traverse of the interface, all meter in diameter. * * * * * accessible portions of the interface shall (k) Procedure for determining no (3) Process vent stream gas volumetric be sampled. In the case when the flow rate must be determined using detectable organic emissions for the configuration of the closure device purpose of complying with this subpart. Method 2, 2A, 2C, or 2D of 40 CFR part prevents any sampling at the interface 60, appendix A, as appropriate. (1) The test shall be conducted in and the device is equipped with an accordance with the procedures (4) Process vent stream total HAP enclosed extension or horn (e.g., some concentration must be measured using specified in Method 21 of 40 CFR part pressure relief devices), the instrument 60, appendix A. Each potential leak the following procedures: probe inlet shall be placed at (i) Method 18 of 40 CFR part 60, interface (i.e., a location where organic approximately the center of the exhaust vapor leakage could occur) on the cover appendix A, must be used to measure area to the atmosphere. the total HAP concentration. and associated closure devices shall be (8) An owner or operator must Alternatively, any other method or data checked. Potential leak interfaces that determine if a potential leak interface that has been validated according to the are associated with covers and closure operates with no detectable emissions protocol in Method 301 of appendix A devices include, but are not limited to: using the applicable procedure specified of this part may be used. the interface of the cover and its in paragraph (k)(8)(i) or (k)(8)(ii) of this (ii) Where Method 18 of 40 CFR part foundation mounting; the periphery of section. any opening on the cover and its (i) If an owner or operator chooses not 60, appendix A, is used, the following associated closure device; and the to adjust the detection instrument procedures must be used to calculate sealing seat interface on a spring-loaded readings for the background organic parts per million by volume pressure-relief valve. concentration level, then the maximum concentration: (2) The test shall be performed when organic concentration value measured (A) The minimum sampling time for the unit contains a material having a by the detection instrument is compared each run must be 1 hour in which either total organic concentration directly to the applicable value for the an integrated sample or four grab representative of the range of potential leak interface as specified in samples must be taken. If grab sampling concentrations for the materials paragraph (k)(9) of this section. is used, then the samples must be taken expected to be managed in the unit. (ii) If an owner or operator chooses to at approximately equal intervals in time, During the test, the cover and closure adjust the detection instrument readings such as 15 minute intervals during the devices shall be secured in the closed for the background organic run. position. concentration level, the value of the (B) The total HAP concentration (3) The detection instrument shall arithmetic difference between the (CHAP) must be computed according to meet the performance criteria of Method maximum organic concentration value the following equation: 21 of 40 CFR part 60, appendix A, measured by the instrument and the   except the instrument response factor background organic concentration value x n criteria in section 3.1.2(a) of Method 21 as determined in paragraph (k)(6) of this ∑∑C ji  i=1  j=1  shall be for the average composition of section is compared with the applicable C = the organic constituents in the material value for the potential leak interface as HAP X placed in the unit, not for each specified in paragraph (k)(9) of this individual organic constituent. section. Where: (4) The detection instrument shall be (9) A potential leak interface is CHAP = Total concentration of HAP calibrated before use on each day of its determined to operate with no compounds listed in Table 1 of this use by the procedures specified in detectable emissions using the subpart, dry basis, parts per million Method 21 of 40 CFR part 60, appendix applicable criteria specified in by volume. A. paragraphs (k)(9)(i) and (k)(9)(ii) of this Cji = Concentration of sample (5) Calibration gases shall be as section. component j of the sample i, dry follows: (i) For a potential leak interface other basis, parts per million by volume. (i) Zero air (less than 10 ppmv than a seal around a shaft that passes n = Number of components in the hydrocarbon in air); and through a cover opening, the potential sample. (ii) A mixture of methane or n-hexane leak interface is determined to operate x = Number of samples in the sample in air at a concentration of with no detectable organic emissions if run. approximately, but less than, 10,000 the organic concentration value 15. Section 63.695 is revised to read ppmv. determined in paragraph (k)(8) is less as follows: (6) An owner or operator may choose than 500 ppmv. to adjust or not adjust the detection (ii) For a seal around a shaft that § 63.695 Inspection and monitoring instrument readings to account for the passes through a cover opening, the requirements. background organic concentration level. potential leak interface is determined to (a) This section specifies the If an owner or operator chooses to adjust operate with no detectable organic inspection and monitoring procedures the instrument readings for the emissions if the organic concentration required to perform the following:

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(1) To inspect tank fixed roofs and (b)(1)(ii) of this section for an internal roof levels when the roof is floating off floating roofs for compliance with the floating roof equipped with two the roof supports. Tank Level 2 controls standards continuous seals mounted one above the (2) Seal gaps, if any, shall be specified in § 63.685 of this subpart, the other, the owner or operator may measured around the entire perimeter of inspection procedures are specified in visually inspect the internal floating the floating roof in each place where a paragraph (b) of this section. roof, primary and secondary seals, 0.32-centimeter (cm) (1⁄8-inch) diameter (2) To inspect and monitor closed- gaskets, slotted membranes, and sleeve uniform probe passes freely (without vent systems for compliance with the seals (if any) each time the tank is forcing or binding against the seal) standards specified in § 63.693 of this emptied and degassed and at least every between the seal and the wall of the subpart, the inspection and monitoring 5 years. Prior to each inspection, the tank and measure the circumferential procedures are specified in paragraph owner or operator shall notify the distance of each such location. (c) of this section. Administrator in accordance with the (3) For a seal gap measured under (3) To inspect and monitor transfer reporting requirements specified in paragraph (b)(2) of this section, the gap system covers for compliance with the § 63.697 of this subpart. surface area shall be determined by standards specified in § 63.689(c)(1) of (iv) In the event that a defect is using probes of various widths to this subpart, the inspection and detected, the owner or operator shall measure accurately the actual distance monitoring procedures are specified in repair the defect in accordance with the from the tank wall to the seal and paragraph (d) of this section. requirements of paragraph (b)(4) of this multiplying each such width by its (4) To monitor control devices for section. respective circumferential distance. compliance with the standards specified (v) The owner or operator shall (4) The total gap area shall be in § 63.693 of this subpart, the maintain a record of the inspection in calculated by adding the gap surface monitoring procedures are specified in accordance with the requirements areas determined for each identified gap paragraph (e) of this section. specified in § 63.696 of this subpart. location for the primary seal and the (b) Tank Level 2 fixed roof and (2) Owners and operators that use a secondary seal individually, and then floating roof inspection requirements. tank equipped with an external floating dividing the sum for each seal type by (1) Owners and operators that use a roof in accordance with the provisions the nominal diameter of the tank. These tank equipped with an internal floating of § 63.685(f) of this subpart shall meet total gap areas for the primary seal and roof in accordance with the provisions the following requirements: secondary seal are then compared to the of § 63.685(e) of this subpart shall meet (i) The owner or operator shall respective standards for the seal type as the following inspection requirements: specified in § 63.685(f)(1) of this (i) The floating roof and its closure measure the external floating roof seal gaps in accordance with the following subpart. devices shall be visually inspected by (E) In the event that the seal gap requirements: the owner or operator to check for measurements do not conform to the (A) The owner or operator shall defects that could result in air specifications in § 63.685(f)(1) of this perform measurements of gaps between emissions. Defects include, but are not subpart, the owner or operator shall the tank wall and the primary seal limited to, the internal floating roof is repair the defect in accordance with the within 60 days after initial operation of not floating on the surface of the liquid requirements of paragraph (b)(4) of this the tank following installation of the inside the tank; liquid has accumulated section. on top of the internal floating roof; any floating roof and, thereafter, at least (F) The owner or operator shall portion of the roof seals have detached once every 5 years. Prior to each maintain a record of the inspection in from the roof rim; holes, tears, or other inspection, the owner or operator shall accordance with the requirements openings are visible in the seal fabric; notify the Administrator in accordance specified in § 63.696 of this subpart. the gaskets no longer close off the waste with the reporting requirements (ii) The owner or operator shall surfaces from the atmosphere; or the specified in § 63.697 of this subpart. visually inspect the external floating slotted membrane has more than 10 (B) The owner or operator shall roof in accordance with the following percent open area. perform measurements of gaps between requirements: (ii) The owner or operator shall the tank wall and the secondary seal (A) The floating roof and its closure inspect the internal floating roof within 60 days after initial operation of devices shall be visually inspected by components as follows except as the separator following installation of the owner or operator to check for provided for in paragraph (b)(1)(iii) of the floating roof and, thereafter, at least defects that could result in air this section: once every year. Prior to each emissions. Defects include, but are not (A) Visually inspect the internal inspection, the owner or operator shall limited to: holes, tears, or other floating roof components through notify the Administrator in accordance openings in the rim seal or seal fabric openings on the fixed-roof (e.g., with the reporting requirements of the floating roof; a rim seal detached manholes and roof hatches) at least once specified in § 63.697 of this subpart. from the floating roof; all or a portion every calendar year after initial fill, and (C) If a tank ceases to hold off-site of the floating roof deck being (B) Visually inspect the internal material for a period of 1 year or more, submerged below the surface of the floating roof, primary seal, secondary subsequent introduction of off-site liquid in the tank; broken, cracked, or seal (if one is in service), gaskets, slotted material into the tank shall be otherwise damaged seals or gaskets on membranes, and sleeve seals (if any) considered an initial operation for the closure devices; and broken or missing each time the tank is emptied and purposes of paragraphs (b)(2)(i)(A) and hatches, access covers, caps, or other degassed and at least every 10 years. (b)(2)(i)(B) of this section. closure devices. Prior to each inspection, the owner or (D) The owner shall determine the (B) The owner or operator shall operator shall notify the Administrator total surface area of gaps in the primary perform the inspections following in accordance with the reporting seal and in the secondary seal installation of the external floating roof requirements specified in § 63.697 of individually using the following and, thereafter, at least once every year. this subpart. procedure. (C) In the event that a defect is (iii) As an alternative to performing (1) The seal gap measurements shall detected, the owner or operator shall the inspections specified in paragraph be performed at one or more floating repair the defect in accordance with the

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Defects include, tank equipped with a fixed roof in refilling the tank. but are not limited to, visible cracks, accordance with the provisions of (c) Owners and operators that use a holes, or gaps in ductwork or piping; § 63.685(g) of this subpart shall meet the closed-vent system in accordance with loose connections; or broken or missing following requirements: the provisions of § 63.693 of this subpart caps or other closure devices. (i) The fixed roof and its closure shall meet the following inspection and (ii) The owner or operator must devices shall be visually inspected by monitoring requirements: perform an initial inspection following the owner or operator to check for (1) Each closed-vent system that is installation of the closed-vent system. defects that could result in air used to comply with § 63.693(c)(1)(i) of Thereafter, the owner or operator must emissions. Defects include, but are not this subpart shall be inspected and perform the inspections at least once limited to, visible cracks, holes, or gaps monitored in accordance with the every calendar year except as provided in the roof sections or between the roof following requirements: for in paragraph (f) of this section. and the separator wall; broken, cracked, (i) At initial startup, the owner or (iii) In the event that a defect is or otherwise damaged seals or gaskets operator shall monitor the closed-vent detected, the owner or operator shall on closure devices; and broken or system components and connections repair the defect in accordance with the missing hatches, access covers, caps, or using the procedures specified in requirements of paragraph (c)(3) of this other closure devices. In the case when § 63.694(k) of this subpart to section. a tank is buried partially or entirely demonstrate that the closed-vent system (iv) The owner or operator shall underground, inspection is required operates with no detectable organic maintain a record of the inspection in only for those portions of the cover that emissions. accordance with the requirements extend to or above the ground surface, (ii) After initial startup, the owner or specified in § 63.696 of this subpart. and those connections that are on such operator shall inspect and monitor the (3) The owner or operator shall repair portions of the cover (e.g., fill ports, closed-vent system as follows: all detected defects as follows: access hatches, gauge wells, etc.) and (A) Closed-vent system joints, seams, (i) The owner or operator shall make can be opened to the atmosphere. or other connections that are first efforts at repair of the defect no (ii) The owner or operator must permanently or semi-permanently later than 5 calendar days after perform an initial inspection following sealed (e.g., a welded joint between two detection and repair shall be completed installation of the fixed roof. Thereafter, sections of hard piping or a bolted and as soon as possible but no later than 45 the owner or operator must perform the gasketed ducting flange) shall be calendar days after detection. inspections at least once every calendar visually inspected at least once per year (ii) Repair of a defect may be delayed year except as provided for in paragraph to check for defects that could result in beyond 45 calendar days if either of the (f) of this section. air emissions. The owner or operator conditions specified in paragraph (iii) In the event that a defect is shall monitor a component or (c)(3)(ii)(A) or (c)(3)(ii)(B) occurs. In this detected, the owner or operator shall connection using the procedures case, the owner or operator must repair repair the defect in accordance with the specified in § 63.694(k) of this subpart the defect the next time the process or requirements of paragraph (b)(4) of this to demonstrate that it operates with no unit that vents to the closed-vent system section. detectable organic emissions following is shutdown. Repair of the defect must (iv) The owner or operator shall any time the component is repaired or be completed before the process or unit maintain a record of the inspection in replaced (e.g., a section of damaged hard resumes operation. accordance with the requirements piping is replaced with new hard (A) Completion of the repair is specified in § 63.696(e) of this subpart. piping) or the connection is unsealed technically infeasible without the (4) The owner or operator shall repair (e.g., a flange is unbolted). shutdown of the process or unit that each defect detected during an (B) Closed-vent system components or vents to the closed-vent system. inspection performed in accordance connections other than those specified (B) The owner or operator determines with the requirements of paragraph in paragraph (c)(1)(ii)(A) of this section, that the air emissions resulting from the (b)(1), (b)(2), or (b)(3) of this section in shall be monitored at least once per year repair of the defect within the specified the following manner: using the procedures specified in period would be greater than the (i) The owner or operator shall within § 63.694(k) of this subpart to fugitive emissions likely to result by 45 calendar days of detecting the defect demonstrate that components or delaying the repair until the next time either repair the defect or empty the connections operate with no detectable the process or unit that vents to the tank and remove it from service. If organic emissions. closed-vent system is shutdown. within this 45-day period the defect (iii) In the event that a defect or leak (iii) The owner or operator shall cannot be repaired or the tank cannot be is detected, the owner or operator shall maintain a record of the defect repair in removed from service without repair the defect or leak in accordance accordance with the requirements disrupting operations at the plant site, with the requirements of paragraph specified in § 63.696 of this subpart. the owner or operator is allowed two 30- (c)(3) of this section. (d) Owners and operators that use a day extensions. In cases when an owner (iv) The owner or operator shall transfer system equipped with a cover or operator elects to use a 30-day maintain a record of the inspection and in accordance with the provisions of extension, the owner or operator shall monitoring in accordance with the § 63.689(c)(1) of this subpart shall meet prepare and maintain documentation requirements specified in § 63.696 of the following inspection requirements: describing the defect, explaining why this subpart. (1) The cover and its closure devices alternative storage capacity is not (2) Each closed-vent system that is shall be visually inspected by the owner available, and specify a schedule of used to comply with § 63.693(c)(1)(ii) of or operator to check for defects that

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Defects monitoring the control device in (i) If the owner or operator conducts include, but are not limited to, visible accordance with the requirements a performance test to demonstrate cracks, holes, or gaps in the cover specified in paragraphs (e)(1) through control device performance, then the sections or between the cover and its (e)(7) of this section. minimum or maximum operating mounting; broken, cracked, or otherwise (1) A continuous parameter parameter value must be established damaged seals or gaskets on closure monitoring system must be used to based on values measured during the devices; and broken or missing hatches, measure the operating parameter or performance test and supplemented, as access covers, caps, or other closure parameters specified for the control necessary, by the control device design devices. In the case when a transfer device in § 63.693(d) through § 63.693(g) specifications, manufacturer system is buried partially or entirely of this subpart as applicable to the type recommendations, or other applicable underground, inspection is required and design of the control device. The information. only for those portions of the cover that continuous parameter monitoring (ii) If the owner or operator uses a extend to or above the ground surface, system must meet the following control device design analysis to and those connections that are on such specifications and requirements: demonstrate control device portions of the cover (e.g., access (i) The continuous parameter performance, then the minimum or hatches, etc.) and can be opened to the monitoring system must measure either maximum operating parameter value atmosphere. an instantaneous value at least once must be established based on the control (2) The owner or operator must every 15 minutes or an average value for device design analysis and perform an initial inspection following intervals of 15 minutes or less and supplemented, as necessary, by the installation of the cover. Thereafter, the continuously record either: control device manufacturer owner or operator must perform the (A) Each measured data value; or recommendations or other applicable inspections at least once every calendar (B) Each block average value for each information. (4) An excursion for a given control year except as provided for in paragraph 1-hour period or shorter periods device is determined to have occurred (f) of this section. calculated from all measured data when the monitoring data or lack of (3) In the event that a defect is values during each period. If values are monitoring data result in any one of the detected, the owner or operator shall measured more frequently than once per criteria specified in paragraphs (e)(4)(i) repair the defect in accordance with the minute, a single value for each minute through (e)(4)(iii) of this section being requirements of paragraph (d)(5) of this may be used to calculate the hourly (or met. When multiple operating section. shorter period) block average instead of (4) The owner or operator shall parameters are monitored for the same all measured values. maintain a record of the inspection in control device and during the same (ii) The monitoring system must be accordance with the requirements operating day more than one of these installed, calibrated, operated, and specified in § 63.696 of this subpart. operating parameters meets an (5) The owner or operator shall repair maintained in accordance with the excursion criterion specified in all detected defects as follows: manufacturer’s specifications or other paragraphs (e)(4)(i) through (e)(4)(iii) of (i) The owner or operator shall make written procedures that provide this section, then a single excursion is first efforts at repair of the defect no reasonable assurance that the determined to have occurred for the later than 5 calendar days after monitoring equipment is operating control device for that operating day. detection and repair shall be completed properly. (i) An excursion occurs when the as soon as possible but no later than 45 (2) Using the data recorded by the daily average value of a monitored calendar days after detection except as monitoring system, the owner or operating parameter is less than the provided in paragraph (d)(5)(ii) of this operator must calculate the daily minimum operating parameter limit (or, section. average value for each monitored if applicable, greater than the maximum (ii) Repair of a defect may be delayed operating parameter for each operating operating parameter limit) established beyond 45 calendar days if the owner or day. If operation of the control device is for the operating parameter in operator determines that repair of the continuous, the operating day is a 24- accordance with the requirements of defect requires emptying or temporary hour period. If control device operation paragraph (e)(3) of this section. removal from service of the transfer is not continuous, the operating day is (ii) An excursion occurs when the system and no alternative transfer the total number of hours of control period of control device operation is 4 system is available at the site to accept device operation per 24-hour period. hours or greater in an operating day and the material normally handled by the Valid data points must be available for the monitoring data are insufficient to system. In this case, the owner or 75 percent of the operating hours in an constitute a valid hour of data for at operator shall repair the defect the next operating day to compute the daily least 75 percent of the operating hours. time the process or unit that is average. Monitoring data are insufficient to generating the material handled by the (3) For each monitored operating constitute a valid hour of data if transfer system stops operation. Repair parameter, the owner or operator must measured values are unavailable for any of the defect must be completed before establish a minimum operating of the 15-minute periods within the the process or unit resumes operation. parameter value or a maximum hour. (iii) The owner or operator shall operating parameter value, as (iii) An excursion occurs when the maintain a record of the defect repair in appropriate, to define the range of period of control device operation is accordance with the requirements conditions at which the control device less than 4 hours in an operating day specified in § 63.696 of this subpart. must be operated to continuously and more than 1 of the hours during the (e) Control device monitoring achieve the applicable performance period does not constitute a valid hour requirements. For each control device requirements specified in § 63.693(b)(2) of data due to insufficient monitoring required under § 63.693 of this subpart of this subpart. Each minimum or data. Monitoring data are insufficient to to be monitored in accordance with the maximum operating parameter value constitute a valid hour of data if provisions of this paragraph (e), the must be established in accordance with measured values are unavailable for any owner or operator must ensure that each the requirements in paragraphs (e)(3)(i) of the 15-minute periods within the control device operates properly by and (e)(3)(ii) of this section. hour.

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(5) For each excursion, except as (1) The owner or operator must following notifications and reports to provided for in paragraph(e)(6) of this prepare and maintain at the plant site the Administrator: section, the owner or operator shall be written documentation identifying the (1) A Notification of Performance deemed to have failed to have applied specific air pollution control equipment Tests specified in § 63.7 and § 63.9(g) of control in a manner that achieves the designated as ‘‘unsafe to inspect and this part, required operating parameter limits. monitor.’’ The documentation must (2) Performance test reports specified Failure to achieve the required include for each piece of air pollution in § 63.10(d)(2) of this part, and operating parameter limits is a violation control equipment designated as such a (3) Startup, shutdown, and of this standard. written explanation of the reasons why malfunction reports specified in (6) An excursion is not a violation of the equipment is unsafe to inspect or § 63.10(d)(5) of this part. this standard under any one of the monitor using the applicable procedures conditions specified in paragraphs under this section. (i) If actions taken by an owner or (e)(6)(i) and (e)(6)(ii) of this section. (2) The owner or operator must operator during a startup, shutdown, or (i) An excursion is not a violation nor develop and implement a written plan malfunction of an affected source does it count toward the number of and schedule to inspect and monitor the (including actions taken to correct a excused excursions allowed under air pollution control equipment using malfunction) are not completely paragraph (e)(6)(ii) of this section when the applicable procedures specified in consistent with the procedures specified the excursion occurs during any one of this section during times when a worker in the source’s startup, shutdown, and the following periods: can safely access the air pollution malfunction plan specified in (A) During a period of startup, control equipment. The required § 63.6(e)(3) of this part, the owner or shutdown, or malfunction when the inspections and monitoring must be operator shall state such information in affected facility is operated during such performed as frequently as practicable the report. The startup, shutdown, or period in accordance with the facility’s but do not need to be performed more malfunction report shall consist of a startup, shutdown, and malfunction frequently than the periodic schedule letter, containing the name, title, and plan; or that would be otherwise applicable to signature of the responsible official who (B) During periods of non-operation of the air pollution control equipment is certifying its accuracy, that shall be the unit or the process that is vented to under the provisions of this section. A submitted to the Administrator, and the control device (resulting in cessation copy of the written plan and schedule (ii) Separate startup, shutdown, or of HAP emissions to which the must be maintained at the plant site. malfunction reports are not required if monitoring applies). 16. Section 63.697 is amended by the information is included in the (ii) For each control device, one revising paragraphs (a) and (b) to read summary report specified in paragraph excused excursion is allowed per as follows: (b)(4) of this section. semiannual period for any reason. The (4) A summary report specified in initial semiannual period is the 6-month § 63.697 Reporting requirements. § 63.10(e)(3) of this part shall be reporting period addressed by the first (a) Each owner or operator of an submitted on a semiannual basis (i.e., semiannual report submitted by the affected source subject to this subpart once every 6-month period). The owner or operator in accordance with must comply with the notification summary report must include a § 63.697(b)(4) of this subpart. requirements specified in paragraph (7) Nothing in paragraphs (e)(1) description of all excursions as defined (a)(1) of this section and the reporting in § 63.695(e) of this subpart that have through (e)(6) of this section shall be requirements specified in paragraph construed to allow or excuse a occurred during the 6-month reporting (a)(2) of this section. period. For each excursion caused when monitoring parameter excursion caused (1) The owner or operator of an the daily average value of a monitored by any activity that violates other affected source must submit notices to operating parameter is less than the applicable provisions of this subpart. the Administrator in accordance with minimum operating parameter limit (or, (f) Alternative inspection and the applicable notification requirements if applicable, greater than the maximum monitoring interval. Following the in 40 CFR 63.9 as specified in Table 2 operating parameter limit), the report initial inspection and monitoring of a of this subpart. For the purpose of this must include the daily average values of piece of air pollution control equipment subpart, an owner or operator subject to the monitored parameter, the applicable in accordance with the applicable the initial notification requirements operating parameter limit, and the date provisions of this section, subsequent under 40 CFR 63.9(b)(2) must submit and duration of the period that the inspection and monitoring of the the required notification on or before exceedance occurred. For each equipment may be performed at October 19, 1999. intervals longer than 1 year when an (2) The owner or operator of an excursion caused by lack of monitoring owner or operator determines that affected source must submit reports to data, the report must include the date performing the required inspection or the Administrator in accordance with and duration of period when the monitoring procedures would expose a the applicable reporting requirements in monitoring data were not collected and worker to dangerous, hazardous, or 40 CFR 63.10 as specified in Table 2 of the reason why the data were not otherwise unsafe conditions and the this subpart. collected. owner or operator complies with the (b) The owner or operator of a control * * * * * requirements specified in paragraphs device used to meet the requirements of 17. Table 1 in Subpart DD is revised (f)(1) and (f)(2) of this section. § 63.693 of this subpart shall submit the to read as follows:

TABLE 1 TO SUBPART DDÐLIST OF HAZARDOUS AIR POLLUTANTS (HAP) FOR SUBPART DD

a CAS No. Chemical name fm 305

75±07±0 ...... Acetaldehyde ...... 1.000 75±05±8 ...... Acetonitrile ...... 0.989 98±86±2 ...... Acetophenone ...... 0.314

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TABLE 1 TO SUBPART DDÐLIST OF HAZARDOUS AIR POLLUTANTS (HAP) FOR SUBPART DDÐContinued

a CAS No. Chemical name fm 305

107±02±8 ...... Acrolein ...... 1.000 107±13±1 ...... Acrylonitrile ...... 0.999 107±05±1 ...... Allyl chloride ...... 1.000 71±43±2 ...... Benzene (includes benzene in gasoline) ...... 1.000 98±07±7 ...... Benzotrichloride (isomers and mixture) ...... 0.958 100±44±7 ...... Benzyl chloride ...... 1.000 92±52±4 ...... Biphenyl ...... 0.864 542±88±1 ...... Bis(chloromethyl)ether b ...... 0.999 75±25±2 ...... Bromoform ...... 0.998 106±99±0 ...... 1,3-Butadiene ...... 1.000 75±15±0 ...... Carbon disulfide ...... 1.000 56±23±5 ...... Carbon tetrachloride ...... 1.000 43±58±1 ...... Carbonyl sulfide ...... 1.000 133±90±4 ...... Chloramben ...... 0.633 108±90±7 ...... Chlorobenzene ...... 1.000 67±66±3 ...... Chloroform ...... 1.000 107±30±2 ...... Chloromethyl methyl ether b ...... 1.000 126±99±8 ...... Chloroprene ...... 1.000 98±82±8 ...... Cumene ...... 1.000 94±75±7 ...... 2,4-D, salts and esters ...... 0.167 334±88±3 ...... Diazomethane c ...... 0.999 132±64±9 ...... Dibenzofurans ...... 0.967 96±12±8 ...... 1,2-Dibromo-3-chloropropane ...... 1.000 106±46±7 ...... 1,4-Dichlorobenzene(p) ...... 1.000 107±06±2 ...... Dichloroethane (Ethylene dichloride) ...... 1.000 111±44±4 ...... Dichloroethyl ether (Bis(2-chloroethyl ether) ...... 0.757 542±75±6 ...... 1,3-Dichloropropene ...... 1.000 79±44±7 ...... Dimethyl carbamoyl chloridec ...... 0.150 64±67±5 ...... Diethyl sulfate ...... 0.0025 77±78±1 ...... Dimethyl sulfate ...... 0.086 121±69±7 ...... N,N-Dimethylaniline ...... 0.0008 51±28±5 ...... 2,4-Dinitrophenol ...... 0.0077 121±14±2 ...... 2,4-Dinitrotoluene ...... 0.0848 123±91±1 ...... 1,4-Dioxane (1,4-Diethyleneoxide) ...... 0.869 106±89±8 ...... Epichlorohydrin (1-Chloro-2,3-epoxypropane) ...... 0.939 106±88±7 ...... 1,2-Epoxybutane ...... 1.000 140±88±5 ...... Ethyl acrylate ...... 1.000 100±41±4 ...... Ethyl benzene ...... 1.000 75±00±3 ...... Ethyl chloride (Chloroethane) ...... 1.000 106±93±4 ...... Ethylene dibromide (Dibromoethane) ...... 0.999 107±06±2 ...... Ethylene dichloride (1,2-Dichloroethane) ...... 1.000 151±56±4 ...... Ethylene imine (Aziridine) ...... 0.867 75±21±8 ...... Ethylene oxide ...... 1.000 75±34±3 ...... Ethylidene dichloride (1,1-Dichloroethane) ...... 1.000 Glycol ethers d that have a Henry's Law constant value equal to or greater than 0.1 Y/X (1.8 x (e) 10±6 atm/gm-mole/m3) at 25°C. 118±74±1 ...... Hexachlorobenzene ...... 0.97 87±68±3 ...... Hexachlorobutadiene ...... 0.88 67±72±1 ...... Hexachloroethane ...... 0.499 110±54±3 ...... Hexane ...... 1.000 78±59±1 ...... Isophorone ...... 0.506 58±89±9 ...... Lindane (all isomers) ...... 1.000 67±56±1 ...... Methanol ...... 0.855 74±83±9 ...... Methyl bromide (Bromomethane) ...... 1.000 74±87±3 ...... Methyl chloride (Choromethane) ...... 1.000 71±55±6 ...... Methyl chloroform (1,1,1-Trichloroethane) ...... 1.000 78±93±3 ...... Methyl ethyl ketone (2-Butanone) ...... 0.990 74±88±4 ...... Methyl iodide (Iodomethane) ...... 1.0001 108±10±1 ...... Methyl isobutyl ketone (Hexone) ...... 0.9796 624±83±9 ...... Methyl isocyanate ...... 1.000 80±62±6 ...... Methyl methacrylate ...... 0.916 1634±04±4 ...... Methyl tert butyl ether ...... 1.000 75±09±2 ...... Methylene chloride (Dichloromethane) ...... 1.000 91±20±3 ...... Naphthalene ...... 0.994 98±95±3 ...... Nitrobenzene ...... 0.394 79±46±9 ...... 2-Nitropropane ...... 0.989 82±68±8 ...... Pentachloronitrobenzene (Quintobenzene) ...... 0.839 87±86±5 ...... Pentachlorophenol ...... 0.0898 75±44±5 ...... Phosgenec ...... 1.000 123±38±6 ...... Propionaldehyde ...... 0.999 78±87±5 ...... Propylene dichloride (1,2±Dichloropropane) ...... 1.000 75±56±9 ...... Propylene oxide ...... 1.000

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TABLE 1 TO SUBPART DDÐLIST OF HAZARDOUS AIR POLLUTANTS (HAP) FOR SUBPART DDÐContinued

a CAS No. Chemical name fm 305

75±55±8 ...... 1,2±Propylenimine (2±Methyl aziridine) ...... 0.945 100±42±5 ...... Styrene ...... 1.000 96±09±3 ...... Styrene oxide ...... 0.830 79±34±5 ...... 1,1,2,2±Tetrachloroethane ...... 0.999 127±18±4 ...... Tetrachloroethylene (Perchloroethylene) ...... 1.000 108±88±3 ...... Toluene ...... 1.000 95±53±4 ...... o-Toluidine ...... 0.152 120±82±1 ...... 1,2,4±Trichlorobenzene ...... 1.000 71±55±6 ...... 1,1,1±Trichloroethane (Methyl chlorform) ...... 1.000 79±00±5 ...... 1,1,2±Trichloroethane (Vinyl trichloride) ...... 1.000 79±01±6 ...... Trichloroethylene ...... 1.000 95±95±4 ...... 2,4,5±Trichlorophenol ...... 0.108 88±06±2 ...... 2,4,6±Trichlorophenol ...... 0.132 121±44±8 ...... Triethylamine ...... 1.000 540±84±1 ...... 2,2,4±Trimethylpentane ...... 1.000 108±05±4 ...... Vinyl acetate ...... 1.000 593±60±2 ...... Vinyl bromide ...... 1.000 75±01±4 ...... Vinyl chloride ...... 1.000 75±35±4 ...... Vinylidene chloride (1,1±Dichloroethylene) ...... 1.000 1330±20±7 ...... Xylenes (isomers and mixture) ...... 1.000 95±47±6 ...... o-Xylenes ...... 1.000 108±38±3 ...... m-Xylenes ...... 1.000 106±42±3 ...... p-Xylenes ...... 1.000 Notes: fm 305 = Method 305 fraction measure factor. a. CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers, or mixtures of com- pounds. b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals. c. Denotes a HAP that may react violently with water, exercise caustic is an expected analyte. d. Denotes a HAP that hydrolyzes slowly in water. e. The fm305 factors for some of the more common glycol ethers can be obtained by contacting the Waste and Chemical Processes Group, Of- fice of Air Quality Planning and Standards, Research Triangle Park, NC 27711.

18. Table 2 in Subpart DD is revised to read as follows:

TABLE 2 TO SUBPART DDÐAPPLICABILITY OF PARAGRAPHS IN SUBPART A OF THIS PART 63ÐGENERAL PROVISIONS TO SUBPART DD

Subpart A reference Applies to Subpart DD Explanation

63.1(a)(1) ...... Yes 63.1(a)(2) ...... Yes 63.1(a)(3) ...... Yes 63.1(a)(4) ...... No Subpart DD (this table) specifies applicability of each paragraph in subpart A to subpart DD. 63.1(a)(5)±63.1(a)(9) ...... No 63.1(a)(10) ...... Yes 63.1(a)(11) ...... Yes 63.1(a)(12) ...... Yes 63.1(a)(13) ...... Yes 63.1(a)(14) ...... Yes 63.1(b)(1) ...... No Subpart DD specifies its own applicability. 63.1(b)(2) ...... Yes 63.1(b)(3) ...... No 63.1(c)(1) ...... No Subpart DD explicitly specifies requirements that apply. 63.1(c)(2) ...... No Area sources are not subject to subpart DD. 63.1(c)(3) ...... No 63.1(c)(4) ...... Yes 63.1(c)(5) ...... Yes Except that sources are not required to submit notifications over- ridden by this table. 63.1(d) ...... No 63.1(e) ...... No 63.2 ...... Yes § 63.681 of subpart DD specifies that if the same term is defined in subparts A and DD, it shall have the meaning given in subpart DD. 63.3 ...... Yes 63.4(a)(1)±63.4(a)(3) ...... Yes 63.4(a)(4) ...... No ...... Reserved. 63.4(a)(5) ...... Yes 63.4(b) ...... Yes

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TABLE 2 TO SUBPART DDÐAPPLICABILITY OF PARAGRAPHS IN SUBPART A OF THIS PART 63ÐGENERAL PROVISIONS TO SUBPART DDÐContinued

Subpart A reference Applies to Subpart DD Explanation

63.4(c) ...... Yes 63.5(a)(1) ...... Yes Except replace term ``source'' and ``stationary source'' in § 63.5(a)(1) of subpart A with ``affected source.'' 63.5(a)(2) ...... Yes 63.5(b)(1) ...... Yes 63.5(b)(2) ...... No Reserved. 63.5(b)(3) ...... Yes 63.5(b)(4) ...... Yes Except the cross-reference to § 63.9(b) is changed to § 63.9(b)(4) and (5). Subpart DD overrides § 63.9(b)(2) and (b)(3). 63.5(b)(5) ...... Yes 63.5(b)(6) ...... Yes 63.5(c) ...... No Reserved. 63.5(d)(1)(i) ...... Yes 63.5(d)(1)(ii) ...... Yes 63.5(d)(1)(iii) ...... Yes 63.5(d)(2) ...... No 63.5(d)(3) ...... Yes 63.5(d)(4) ...... Yes 63.5(e) ...... Yes 63.5(f)(1) ...... Yes 63.5(f)(2) ...... Yes 63.6(a) ...... Yes 63.6(b)(1) ...... No Subpart DD specifies compliance dates for sources subject to sub- part DD. 63.6(b)(2) ...... No 63.6(b)(3) ...... Yes 63.6(b)(4) ...... No May apply when standards are proposed under section 112(f) of the Clean Air Act. 63.6(b)(5) ...... No ...... § 63.697 of subpart DD includes notification requirements. 63.6(b)(6) ...... No 63.6(b)(7) ...... No 63.6(c)(1) ...... No § 63.680 of subpart DD specifies the compliance date. 63.6(c)(2)±63.6(c)(4) ...... No 63.6(c)(5) ...... Yes 63.6(d) ...... No 63.6(e) ...... Yes 63.6(f)(1) ...... Yes 63.6(f)(2)(i) ...... Yes 63.6(f)(2)(ii) ...... Yes Subpart DD specifies the use of monitoring data in determining com- pliance with subpart DD. 63.6(f)(2)(iii) (A), (B), and (C) ...... Yes 63.6(f)(2)(iii) (D) ...... No 63.6(f)(2)(iv) ...... Yes 63.6(f)(2)(v) ...... Yes 63.6(f)(3) ...... Yes 63.6(g) ...... Yes 63.6(h) ...... No Subpart DD does not require opacity and visible emission standards. 63.6(i) ...... Yes Except for § 63.6(i)(15), which is reserved. 63.6(j) ...... Yes 63.7(a)(1) ...... No Subpart DD specifies required testing and compliance demonstration procedures. 63.7(a)(2) ...... Yes 63.7(a)(3) ...... Yes 63.7(b) ...... No 63.7(c) ...... No 63.7(d) ...... Yes 63.7(e)(1) ...... Yes 63.7(e)(2) ...... Yes 63.7(e)(3) ...... No Subpart DD specifies test methods and procedures. 63.7(e)(4) ...... Yes 63.7(f) ...... No Subpart DD specifies applicable methods and provides alternatives. 63.7(g) ...... Yes 63.7(h)(1) ...... Yes 63.7(h)(2) ...... Yes 63.7(h)(3) ...... Yes 63.7(h)(4) ...... No 63.7(h)(5) ...... Yes 63.8(a) ...... No 63.8(b)(1) ...... Yes 63.8(b)(2) ...... No Subpart DD specifies locations to conduct monitoring. 63.8(b)(3) ...... Yes

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TABLE 2 TO SUBPART DDÐAPPLICABILITY OF PARAGRAPHS IN SUBPART A OF THIS PART 63ÐGENERAL PROVISIONS TO SUBPART DDÐContinued

Subpart A reference Applies to Subpart DD Explanation

63.8(c)(1)(i) ...... Yes 63.8(c)(1)(ii) ...... Yes 63.8(c)(1)(iii) ...... Yes 63.8(c)(2) ...... Yes 63.8(c)(3) ...... Yes 63.8(c)(4) ...... No Subpart DD specifies monitoring frequency 63.8(c)(5)±63.8(c)(8) ...... No 63.8(d) ...... No 63.8(e) ...... No 63.8(f)(1) ...... Yes 63.8(f)(2) ...... Yes 63.8(f)(3) ...... Yes 63.8(f)(4)(i) ...... Yes 63.8(f)(4)(ii) ...... Yes 63.8(f)(4)(iii) ...... No 63.8(f)(5)(i) ...... Yes 63.8(f)(5)(ii) ...... No 63.8(f)(5)(iii) ...... Yes 63.8(f)(6) ...... Yes 63.8(g) ...... Yes 63.9(a) ...... Yes 63.9(b)(1)(i) ...... Yes 63.9(b)(1)(ii) ...... No 63.9(b)(2) ...... Yes 63.9(b)(3) ...... No 63.9(b)(4) ...... Yes 63.9(b)(5) ...... Yes 63.9(c) ...... Yes 63.9(d) ...... Yes 63.9(e) ...... No 63.9(f) ...... No 63.9(g) ...... No 63.9(h) ...... Yes 63.9(i) ...... Yes 63.9(j) ...... No 63.10(a) ...... Yes 63.10(b)(1) ...... Yes 63.10(b)(2)(i) ...... Yes 63.10(b)(2)(ii) ...... Yes 63.10(b)(2)(iii) ...... No 63.10(b)(2)(iv) ...... Yes 63.10(b)(2)(v) ...... Yes 63.10(b)(2)(vi)±(ix) ...... Yes 63.10(b)(2)(x) ...... Yes 63.10(b)(2) (xii)±(xiv) ...... No 63.10(b)(3) ...... Yes 63.10(c) ...... No 63.10(d)(1) ...... No 63.10(d)(2) ...... Yes 63.10(d)(3) ...... No 63.10(d)(4) ...... Yes 63.10(d)(5)(i) ...... Yes 63.10(d)(5)(ii) ...... Yes 63.10(e) ...... No 63.10(f) ...... Yes 63.11±63.15 ...... Yes a Wherever subpart A specifies ``postmark'' dates, submittals may be sent by methods other than the U.S. Mail (e.g., by fax or courier). Submit- tals shall be sent by the specified dates, but a postmark is not required.

Subpart OOÐNational Emission Safety device means a closure device accidental, or emergency event. For the Standards for TanksÐLevel 1 such as a pressure relief valve, frangible purpose of this subpart, a safety device disc, fusible plug, or any other type of is not used for routine venting of gases 19. Section 63.901 is amended by device which functions to prevent or vapors from the vapor headspace revising the definition of ‘‘Safety physical damage or permanent underneath a cover such as during device’’ to read as follows: deformation to equipment by venting filling of the unit or to adjust the § 63.901 Definitions. gases or vapors during unsafe pressure in this vapor headspace in conditions resulting from an unplanned, response to normal daily diurnal * * * * *

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A criteria in section 3.1.2(a) of Method 21 as determined in paragraph (a)(6) of this safety device is designed to remain in a shall be for the average composition of section is compared with the applicable closed position during normal the organic constituents in the material value for the potential leak interface as operations and open only when the placed in the unit, not for each specified in paragraph (a)(9) of this internal pressure, or another relevant individual organic constituent. section. parameter, exceeds the device threshold (4) The detection instrument shall be (9) A potential leak interface is setting applicable to the equipment as calibrated before use on each day of its determined to operate with no determined by the owner or operator use by the procedures specified in detectable emissions using the based on manufacturer Method 21 of 40 CFR part 60, appendix applicable criteria specified in recommendations, applicable A. paragraphs (a)(9)(i) and (a)(9)(ii) of this regulations, fire protection and (5) Calibration gases shall be as section. prevention codes, standard engineering follows: (i) For a potential leak interface other codes and practices, or other (i) Zero air (less than 10 ppmv than a seal around a shaft that passes requirements for the safe handling of hydrocarbon in air); and through a cover opening, the potential flammable, combustible, explosive, (ii) A mixture of methane or n-hexane leak interface is determined to operate reactive, or hazardous materials. in air at a concentration of with no detectable organic emissions if approximately, but less than 10,000 the organic concentration value * * * * * ppmv. 20. Section 63.902 is amended by determined in paragraph (a)(8) is less (6) An owner or operator may choose than 500 ppmv. revising paragraphs (a) and (b)(3) to adjust or not adjust the detection introductory text to read as follows: (ii) For a seal around a shaft that instrument readings to account for the passes through a cover opening, the § 63.902 StandardsÐTank fixed roof. background organic concentration level. potential leak interface is determined to (a) This section applies to owners and If an owner or operator chooses to adjust operate with no detectable organic operators subject to this subpart and the instrument readings for the emissions if the organic concentration controlling air emissions from a tank background level, the background level value determined in paragraph (a)(8) is using a fixed roof. This section does not value must be determined according to less than 10,000 ppmv. apply to a fixed-roof tank that is also the procedures in Method 21 of 40 CFR (b) [Reserved] equipped with an internal floating roof. part 60, appendix A. 22. Section 63.906 is amended by (b) * * * (7) Each potential leak interface shall revising paragraphs (a)(2) and (b)(2), and (3) Each opening in the fixed roof, and be checked by traversing the instrument adding paragraph (d) to read as follows: any manifold system associated with the probe around the potential leak interface as close to the interface as § 63.906 Inspection and monitoring fixed roof, shall be either: requirements. * * * * * possible, as described in Method 21. In the case when the configuration of the (a) * * * 21. Section 63.905 is revised to read (2) The owner or operator must as follows: cover or closure device prevents a complete traverse of the interface, all perform an initial inspection following § 63.905 Test methods and procedures. accessible portions of the interface shall installation of the fixed roof. Thereafter, (a) Procedure for determining no be sampled. In the case when the the owner or operator must perform the detectable organic emissions for the configuration of the closure device inspections at least once every calendar purpose of complying with this subpart. prevents any sampling at the interface year except as provided for in paragraph (1) The test shall be conducted in and the device is equipped with an (d) of this section. accordance with the procedures enclosed extension or horn (e.g., some * * * * * specified in Method 21 of 40 CFR part pressure relief devices), the instrument (b) * * * 60, appendix A. Each potential leak probe inlet shall be placed at (2) Repair of a defect may be delayed interface (i.e., a location where organic approximately the center of the exhaust beyond 45 calendar days if the owner or vapor leakage could occur) on the cover area to the atmosphere. operator determines that repair of the and associated closure devices shall be (8) An owner or operator must defect requires emptying or temporary checked. Potential leak interfaces that determine if a potential leak interface removal from service of the tank and no are associated with covers and closure operates with no detectable emissions alternative tank capacity is available at devices include, but are not limited to: using the applicable procedure specified the site to accept the regulated material the interface of the cover and its in paragraph (a)(8)(i) or (a)(8)(ii) of this normally managed in the tank. In this foundation mounting; the periphery of section. case, the owner or operator shall repair any opening on the cover and its (i) If an owner or operator chooses not the defect the next time alternative tank associated closure device; and the to adjust the detection instrument capacity becomes available and the tank sealing seat interface on a spring-loaded readings for the background organic can be emptied or temporarily removed pressure-relief valve. concentration level, then the maximum from service, as necessary to complete (2) The test shall be performed when organic concentration value measured the repair. the unit contains a material having a by the detection instrument is compared * * * * * total organic concentration directly to the applicable value for the (d) Alternative inspection and representative of the range of potential leak interface as specified in monitoring interval. Following the concentrations for the materials paragraph (a)(9) of this section. initial inspection and monitoring of a expected to be managed in the unit. (ii) If an owner or operator chooses to fixed roof in accordance with this During the test, the cover and closure adjust the detection instrument readings section, subsequent inspection and devices shall be secured in the closed for the background organic monitoring of the equipment may be position. concentration level, the value of the performed at intervals longer than 1 (3) The detection instrument shall arithmetic difference between the year when an owner or operator meet the performance criteria of Method maximum organic concentration value determines that performing the required 21 of 40 CFR part 60, appendix A, measured by the instrument and the inspection or monitoring procedures except the instrument response factor background organic concentration value would expose a worker to dangerous,

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A ppmv. prepare and maintain at the plant site safety device is designed to remain in a (6) An owner or operator may choose written documentation identifying the closed position during normal to adjust or not adjust the detection specific air pollution control equipment operations and open only when the instrument readings to account for the designated as ‘‘unsafe to inspect and internal pressure, or another relevant background organic concentration level. monitor.’’ The documentation must parameter, exceeds the device threshold If an owner or operator chooses to adjust include for each piece of air pollution setting applicable to the equipment as the instrument readings for the control equipment designated as such a determined by the owner or operator background level, the background level written explanation of the reasons why based on manufacturer value must be determined according to the equipment is unsafe to inspect or recommendations, applicable the procedures in Method 21 of 40 CFR monitor using the applicable procedures regulations, fire protection and part 60, appendix A. under this section. prevention codes, standard engineering (7) Each potential leak interface shall (2) The owner or operator must codes and practices, or other be checked by traversing the instrument develop and implement a written plan requirements for the safe handling of probe around the potential leak and schedule to inspect and monitor the flammable, combustible, explosive, interface as close to the interface as air pollution control equipment using reactive, or hazardous materials. possible, as described in Method 21. In the applicable procedures specified in 24. Section 63.925 is amended by the case when the configuration of the this section during times when a worker revising paragraph (a) to read as follows: cover or closure device prevents a can safely access the air pollution § 63.925 Test methods and procedures. complete traverse of the interface, all control equipment. The required accessible portions of the interface shall (a) Procedures for determining no inspections and monitoring must be be sampled. In the case when the detectable organic emissions for the performed as frequently as practicable configuration of the closure device but do not need to be performed more purpose of complying with this subpart. (1) The test shall be conducted in prevents any sampling at the interface frequently than the periodic schedule and the device is equipped with an that would be otherwise applicable to accordance with the procedures specified in Method 21 of 40 CFR part enclosed extension or horn (e.g., some the air pollution control equipment pressure relief devices), the instrument under the provisions of this section. A 60, appendix A. Each potential leak interface (i.e., a location where organic probe inlet shall be placed at copy of the written plan and schedule approximately the center of the exhaust must be maintained at the plant site. vapor leakage could occur) on the cover and associated closure devices shall be area to the atmosphere. checked. Potential leak interfaces that (8) An owner or operator must Subpart PPÐNational Emission determine if a potential leak interface Standards for Containers are associated with covers and closure devices include, but are not limited to: operates with no detectable emissions 23. Section 63.921 is amended by the interface of the cover and its using the applicable procedure specified revising the definitions of ‘‘Empty foundation mounting; the periphery of in paragraph (a)(8)(i) or (a)(8)(ii) of this container’’ and ‘‘Safety device’’ to read any opening on the cover and its section. as follows: associated closure device; and the (i) If an owner or operator chooses not to adjust the detection instrument § 63.921 Definitions. sealing seat interface on a spring-loaded pressure-relief valve. readings for the background organic * * * * * (2) The test shall be performed when concentration level, then the maximum Empty container means a container the unit contains a material having a organic concentration value measured for which either of the following total organic concentration by the detection instrument is compared conditions exists: the container meets representative of the range of directly to the applicable value for the the conditions for an empty container concentrations for the materials potential leak interface as specified in specified in 40 CFR 261.7(b); or all expected to be managed in the unit. paragraph (a)(9) of this section. regulated-material has been removed During the test, the cover and closure (ii) If an owner or operator chooses to from the container except for any devices shall be secured in the closed adjust the detection instrument readings regulated-material that remains on the position. for the background organic interior surfaces of the container as (3) The detection instrument shall concentration level, the value of the clingage or in pools on the container meet the performance criteria of Method arithmetic difference between the bottom due to irregularities in the 21 of 40 CFR part 60, appendix A, maximum organic concentration value container. except the instrument response factor measured by the instrument and the * * * * * criteria in section 3.1.2(a) of Method 21 background organic concentration value Safety device means a closure device shall be for the average composition of as determined in paragraph (a)(6) of this such as a pressure relief valve, frangible the organic constituents in the material section is compared with the applicable disc, fusible plug, or any other type of placed in the unit, not for each value for the potential leak interface as device which functions to prevent individual organic constituent. specified in paragraph (a)(9) of this physical damage or permanent (4) The detection instrument shall be section. deformation to equipment by venting calibrated before use on each day of its (9) A potential leak interface is gases or vapors during unsafe use by the procedures specified in determined to operate with no conditions resulting from an unplanned, Method 21 of 40 CFR part 60, appendix detectable emissions using the accidental, or emergency event. For the A. applicable criteria specified in purpose of this subpart, a safety device (5) Calibration gases shall be as paragraphs (a)(9)(i) and (a)(9)(ii) of this is not used for routine venting of gases follows: section.

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(i) For a potential leak interface other cracks, holes, gaps, or other open spaces operation, inspection, sampling, than a seal around a shaft that passes into the interior of the container when maintenance, and repair of the surface through a cover opening, the potential the cover and closure devices are impoundment provided that each leak interface is determined to operate secured in the closed position. If a opening is closed when not in use (e.g., with no detectable organic emissions if defect is detected, the owner or operator access hatches, sampling ports). the organic concentration value shall repair the defect in accordance Examples of a cover for a surface determined in paragraph (a)(8) is less with the requirements of paragraph impoundment include, but are not than 500 ppmv. (a)(3) of this section. limited to, a floating membrane cover (ii) For a seal around a shaft that (3) When a defect is detected for the placed on the surface of the material in passes through a cover opening, the container, cover, or closure devices, the the surface impoundment or an air- potential leak interface is determined to owner or operator must either empty the supported structure installed over the operate with no detectable organic regulated-material from the defective surface impoundment. emissions if the organic concentration container in accordance with paragraph * * * * * value determined in paragraph (a)(8) is (a)(3)(i) of this section or repair the Safety device means a closure device less than 10,000 ppmv. defective container in accordance with such as a pressure relief valve, frangible * * * * * paragraph (a)(3)(ii) of this section. disc, fusible plug, or any other type of 25. Section 63.926 is amended by (i) If the owner or operator elects to device which functions to prevent revising paragraph (a) to read as follows: empty the regulated-material from the physical damage or permanent defective container, the owner or § 63.926 Inspection and monitoring deformation to equipment by venting operator must remove the regulated- requirements. gases or vapors during unsafe material from the defective container to conditions resulting from an unplanned, (a) Owners and operators of meet the conditions for an empty containers using either Container Level accidental, or emergency event. For the container (as defined in § 63.921 of this 1 or Container Level 2 controls in purpose of this subpart, a safety device subpart) and transfer the removed accordance with the provisions of is not used for routine venting of gases regulated-material to either a container § 63.922 and § 63.923 of this subpart, or vapors from the vapor headspace that meets the applicable standards respectively, shall inspect the container underneath a cover such as during under this subpart or to a tank, process, and its cover and closure devices as filling of the unit or to adjust the or treatment unit that meets the follows: pressure in this vapor headspace in applicable standards under the subpart (1) In the case when a regulated- response to normal daily diurnal referencing this subpart. Transfer of the material already is in the container at ambient temperature fluctuations. A regulated-material must be completed the time the owner or operator first safety device is designed to remain in a no later than 5 calendar days after accepts possession of the container at closed position during normal detection of the defect. The emptied the facility site and the container is not operations and open only when the defective container must be either emptied (i.e., does not meet the internal pressure, or another relevant repaired, destroyed, or used for conditions for an empty container as parameter, exceeds the device threshold purposes other than management of defined in § 63.921 of this subpart) setting applicable to the equipment as within 24 hours after the container has regulated-material. (ii) If the owner or operator elects not determined by the owner or operator been accepted at the facility site, the based on manufacturer container and its cover and closure to empty the regulated-material from the defective container, the owner or recommendations, applicable devices shall be visually inspected by regulations, fire protection and the owner or operator to check for operator must repair the defective container. First efforts at repair of the prevention codes, standard engineering visible cracks, holes, gaps, or other open codes and practices, or other spaces into the interior of the container defect must be made no later than 24 hours after detection and repair must be requirements for the safe handling of when the cover and closure devices are flammable, combustible, explosive, secured in the closed position. This completed as soon as possible but no later than 5 calendar days after reactive, or hazardous materials. inspection of the container must be * * * * * conducted on or before the date that the detection. If repair of a defect cannot be container is accepted at the facility (i.e., completed within 5 calendar days, then 27. Section 63.945 is revised to read the date that the container becomes the regulated-material must be emptied as follows: from the container and the container subject to the standards under this § 63.945 Test methods and procedures. subpart). For the purpose of this must not be used to manage regulated- requirement, the date of acceptance is material until the defect is repaired. (a) Procedure for determining no the date of signature of the facility * * * * * detectable organic emissions for the owner or operator on the manifest or purpose of complying with this subpart. shipping papers accompanying the Subpart QQÐNational Emission (1) The test shall be conducted in container. If a defect is detected, the Standards for Surface Impoundments accordance with the procedures owner or operator shall repair the defect 26. Section 63.941 is amended by specified in Method 21 of 40 CFR part in accordance with the requirements of revising the definitions of ‘‘Cover’’ and 60, appendix A. Each potential leak paragraph (a)(3) of this section. ‘‘Safety device’’ to read as follows: interface (i.e., a location where organic (2) In the case when a container filled vapor leakage could occur) on the cover or partially filled with regulated- § 63.941 Definitions. and associated closure devices shall be material remains unopened at the * * * * * checked. Potential leak interfaces that facility site for a period of 1 year or Cover means a device or system that are associated with covers and closure more, the container and its cover and provides a continuous barrier over the devices include, but are not limited to closure devices shall be visually material managed in a surface the interface of the cover and its inspected by the owner or operator impoundment to prevent or reduce air foundation mounting; the periphery of initially and thereafter, at least once pollutant emissions to the atmosphere. any opening on the cover and its every calendar year, to check for visible A cover may have openings needed for associated closure device; and the

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Following the (2) The test shall be performed when organic concentration value measured initial inspection and monitoring of a the unit contains a material having a by the detection instrument is compared piece of air pollution control equipment total organic concentration directly to the applicable value for the in accordance with the applicable representative of the range of potential leak interface as specified in provisions of this section, subsequent concentrations for the materials paragraph (a)(9) of this section. inspection and monitoring of the expected to be managed in the unit. (ii) If an owner or operator chooses to equipment may be performed at During the test, the cover and closure adjust the detection instrument readings intervals longer than 1 year when an devices shall be secured in the closed for the background organic owner or operator determines that position. concentration level, the value of the performing the required inspection or (3) The detection instrument shall arithmetic difference between the monitoring procedures would expose a meet the performance criteria of Method maximum organic concentration value worker to dangerous, hazardous, or 21 of 40 CFR part 60, appendix A, measured by the instrument and the otherwise unsafe conditions and the except the instrument response factor background organic concentration value owner or operator complies with the criteria in section 3.1.2(a) of Method 21 as determined in paragraph (a)(6) of this requirements specified in paragraphs shall be for the average composition of section is compared with the applicable (d)(1) and (d)(2) of this section. the organic constituents in the material value for the potential leak interface as (1) The owner or operator must placed in the unit, not for each specified in paragraph (a)(9) of this prepare and maintain at the plant site individual organic constituent. section. written documentation identifying the (4) The detection instrument shall be (9) A potential leak interface is specific air pollution control equipment calibrated before use on each day of its determined to operate with no designated as ‘‘unsafe to inspect and use by the procedures specified in detectable emissions using the monitor.’’ The documentation must Method 21 of 40 CFR part 60, appendix applicable criteria specified in include for each piece of air pollution A. paragraphs (a)(9)(i) and (a)(9)(ii) of this control equipment designated as such a (5) Calibration gases shall be as section. written explanation of the reasons why follows: (i) For a potential leak interface other the equipment is unsafe to inspect or (i) Zero air (less than 10 ppmv than a seal around a shaft that passes monitor using the applicable procedures hydrocarbon in air); and through a cover opening, the potential under this section. (ii) A mixture of methane or n-hexane leak interface is determined to operate (2) The owner or operator must in air at a concentration of with no detectable organic emissions if develop and implement a written plan approximately, but less than 10,000 the organic concentration value and schedule to inspect and monitor the ppmv. determined in paragraph (a)(8) is less (6) An owner or operator may choose air pollution control equipment using than 500 ppmv. the applicable procedures specified in to adjust or not adjust the detection (ii) For a seal around a shaft that instrument readings to account for the this section during times when a worker passes through a cover opening, the can safely access the air pollution background organic concentration level. potential leak interface is determined to If an owner or operator chooses to adjust control equipment. The required operate with no detectable organic inspections and monitoring must be the instrument readings for the emissions if the organic concentration background level, the background level performed as frequently as practicable value determined in paragraph (a)(8) is but do not need to be performed more value must be determined according to less than 10,000 ppmv. the procedures in Method 21 of 40 CFR frequently than the periodic schedule (b) [Reserved] that would be otherwise applicable to part 60, appendix A. 28. Section 63.946 is amended by the air pollution control equipment (7) Each potential leak interface shall adding paragraph (d) and by revising under the provisions of this section. A be checked by traversing the instrument paragraphs (a)(2) and (b)(1)(ii) to read as copy of the written plan and schedule probe around the potential leak follows: interface as close to the interface as must be maintained at the plant site. possible, as described in Method 21. In § 63.946 Inspection and monitoring requirements. Subpart RRÐNational Emission the case when the configuration of the Standards for Individual Drain Systems cover or closure device prevents a (a) * * * complete traverse of the interface, all (2) The owner or operator must 29. Section 63.961 is amended by accessible portions of the interface shall perform an initial inspection following adding in alphabetical order the be sampled. In the case when the installation of the floating membrane definition of ‘‘Regulated-material’’ and configuration of the closure device cover. Thereafter, the owner or operator by revising the definitions of prevents any sampling at the interface must perform the inspections at least ‘‘Individual drain system,’’ ‘‘Sewer line’’ and the device is equipped with an once per calendar year except as and ‘‘Waste management unit’’ to read enclosed extension or horn (e.g., some provided for in paragraph (d) of this as follows: pressure relief devices), the instrument section. probe inlet shall be placed at * * * * * § 63.961 Definitions. approximately the center of the exhaust (b) * * * * * * * * area to the atmosphere. (1) * * * Individual drain system means a (8) An owner or operator must (ii) The owner or operator must stationary system used to convey determine if a potential leak interface perform an initial inspection following regulated-material to a waste operates with no detectable emissions installation of the cover. Thereafter, the management unit or to discharge or using the applicable procedure specified owner or operator must perform the disposal. The term includes hard- in paragraph (a)(8)(i) or (a)(8)(ii) of this inspections at least once per calendar piping, all drains and junction boxes, section. year except as provide for in paragraph together with their associated sewer (i) If an owner or operator chooses not (d) of this section. lines and other junction boxes (e.g., to adjust the detection instrument * * * * * manholes, sumps, and lift stations)

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For the (B) A flexible shield or other device demonstrate (e.g., by visual inspection purpose of this subpart, an individual is installed which restricts wind motion or smoke test) upon request by the drain system is not a drain and across the open space between the Administrator that the junction box collection system that is designed and outlet of the pipe discharging the water seal is properly designed and operated for the sole purpose of regulated material and the drain. restricts ventilation. collecting rainfall runoff (e.g., (ii) When a closure device is used (4) Sewer line control requirements. stormwater sewer system) and is (e.g., securing a cap or plug on a drain Each sewer line shall not be open to the segregated from all other individual that is not receiving regulated-material), atmosphere and shall be covered or drain systems. the closure device shall be designed to closed in a manner such that there are * * * * * operate such that when the closure no visible cracks, holes, gaps, or other Regulated-material means the device is secured in the closed position open spaces in the sewer line joints, wastewater streams, residuals, and any there are no visible cracks, holes, gaps, seals, or other emission interfaces. other materials specified by the or other open spaces in the closure (5) Operating requirements. The referencing subpart to be managed in device or between the perimeter of the owner or operator shall operate the air accordance with the standards under drain opening and the closure device. emission controls required by this subpart. (3) Junction box control requirements. paragraphs (b)(2) through (b)(4) of this Sewer line means a lateral, trunk line, Each junction box shall be equipped section in accordance with the branch line, or other conduit used to with controls as follows: following requirements: (i) The junction box shall be equipped convey regulated-material to a (i) Each closure device shall be with a closure device (e.g., manhole downstream waste management unit. maintained in a closed position cover, access hatch) that is designed to Sewer lines include pipes, grates, and whenever regulated-material is in the operate such that when the closure trenches. individual drain system except when it device is secured in the closed position Waste management unit means the is necessary to remove or open the there are no visible cracks, holes, gaps, equipment, structure, or device used to closure device for sampling or removing or other open spaces in the closure convey, store, treat, or dispose of material in the individual drain system, device or between the perimeter of the regulated-material. Examples of waste or for equipment inspection, junction box opening and the closure management units include: wastewater maintenance, or repair. device. tanks, surface impoundments, (ii) If the junction box is vented, the (ii) Each drain equipped with a water individual drain systems, and biological junction box shall be vented in seal and open to the atmosphere shall be wastewater treatment units. Examples of accordance with the following operated to ensure that the liquid in the equipment that may be waste requirements: water seal is maintained at the management units include containers, (A) The junction box shall be vented appropriate level. Examples of air flotation units, oil-water separators through a closed vent system to a acceptable means for complying with or organic-water separators, or organic control device except as provided for in this provision include but are not removal devices such as decanters, paragraph (b)(3)(ii)(B) of this section. limited to using a flow-monitoring strippers, or thin-film evaporation units. The closed vent system and control device indicating positive flow from a * * * * * device shall be designed and operated main to a branch water line supplying 30. Section 63.962 is amended by in accordance in accordance with the a trap; continuously dripping water into revising paragraph (b) to read as follows: standards specified in § 63.693 in the trap using a hose; or regular visual subpart DD—National Emission observations. § 63.962 Standards. Standards for Hazardous Air Pollutant (iii) Each closed-vent system and the * * * * * Standards from Off-Site Waste and control device used to comply with (b) Owners and operators controlling Recovery Operations. paragraph (b)(3)(ii)(A) of this section air emissions from an individual drain (B) As an alternative to paragraph shall be operated in accordance with the system in accordance with paragraph (b)(3)(ii)(A) of this section, the owner or standards specified in 40 CFR 63.693. (a)(1) of this section shall meet the operator may vent the junction box 31. Section 63.964 is amended by following requirements: directly to the atmosphere when all of revising paragraph (b)(2) to read as (1) The individual drain system shall the following conditions are met: follows: be designed to segregate the organic (1) The junction box is filled and vapors from regulated material managed emptied by gravity flow (i.e., there is no § 63.964 Inspection and monitoring requirements. in the controlled individual drain pump) or is operated with no more than system from entering any other slight fluctuations in the liquid level. * * * * * individual drain system that is not Large changes in the size of the junction (b) * * * controlled for air emissions in box vapor headspace created by using a (2) Repair of a defect may be delayed accordance with the standards specified pump to repeatedly empty and then beyond 15 calendar days if the owner or in this subpart. refill the junction box do not meet this operator determines that repair of the (2) Drain control requirements. Each condition. defect requires emptying or temporary drain shall be equipped with either a (2) The vent pipe installed on the removal from service of the individual water seal or a closure device in junction box shall be at least 90 drain system and no alternative capacity accordance with the following centimeters in length and no greater is available at the facility site to accept requirements: than 10 centimeters in nominal inside the regulated-material normally (i) When a water seal is used, the diameter. managed in the individual drain system. water seal shall be designed such that (3) Water seals are installed at the In this case, the owner or operator shall either: liquid entrance(s) to or exit from the repair the defect the next time the (A) The outlet to the pipe discharging junction box to restrict ventilation in the process or unit that is generating the the regulated-material extends below individual drain system and between regulated-material managed in the the liquid surface in the water seal of components in the individual drain individual drain system stops operation. the drain; or system. The owner or operator shall Repair of the defect shall be completed

VerDate 18-JUN-99 18:57 Jul 19, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\20JYR2.XXX pfrm06 PsN: 20JYR2 Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules and Regulations 38991 before the process or unit resumes determined by the owner or operator checked. Potential leak interfaces that operation. based on manufacturer are associated with covers and closure * * * * * recommendations, applicable devices include, but are not limited to: 32. Section 63.965 is amended by regulations, fire protection and the interface of the cover and its revising paragraph (b) to read as follows: prevention codes, standard engineering foundation mounting; the periphery of codes and practices, or other any opening on the cover and its § 63.965 Recordkeeping requirements. requirements for the safe handling of associated closure device; and the * * * * * flammable, combustible, explosive, sealing seat interface on a spring-loaded (b) Owners and operators that use a reactive, or hazardous materials. pressure-relief valve. closed-vent system and a control device * * * * * (2) The test shall be performed when in accordance with the provisions of 35. Section 63.1045 is added to read the unit contains a material having a § 63.962 of this subpart shall prepare as follows: total organic concentration and maintain the records required for representative of the range of the closed-vent system and control § 63.1045 StandardsÐPressurized concentrations for the materials device in accordance with the separator. expected to be managed in the unit. requirements of § 63.693 in subpart (a) This section applies to owners and During the test, the cover and closure DD—National Emission Standards for operators controlling air emissions from devices shall be secured in the closed Hazardous Air Pollutant Standards from an oil-water or organic-water separator position. Off-Site Waste and Recovery that is pressurized and is operated as a (3) The detection instrument shall Operations. closed-system. meet the performance criteria of Method 33. Section 63.966 is revised to read (b) The pressurized separator must 21 of 40 CFR part 60, appendix A, as follows: meet the following requirements. except the instrument response factor § 63.966 Reporting requirements. (1) The separator must be designed criteria in section 3.1.2(a) of Method 21 not to vent to the atmosphere as a result shall be for the average composition of Owners and operators that use a of compression of the vapor headspace closed-vent system and a control device the organic constituents in the material in the separator during operation of the in accordance with the provisions of placed in the unit, not for each separator at its design capacity. § 63.962 of this subpart shall prepare individual organic constituent. (2) All separator openings must be (4) The detection instrument shall be and submit to the Administrator the equipped with closure devices designed reports required for closed-vent systems calibrated before use on each day of its to operate with no detectable organic use by the procedures specified in and control devices in accordance with emissions as determined using the the requirements of § 63.693 in subpart Method 21 of 40 CFR part 60, appendix procedure specified in § 63.1046(a) of A. DD—National Emission Standards for this subpart. (5) Calibration gases shall be as Hazardous Air Pollutant Standards from (3) Whenever a regulated-material is follows: Off-Site Waste and Recovery in the separator, the separator must be (i) Zero air (less than 10 ppmv Operations. operated as a closed system that does hydrocarbon in air); and Subpart VVÐNational Emission not vent to the atmosphere except under either of the following conditions as (ii) A mixture of methane or n-hexane Standards for Oil-Water Separators in air at a concentration of and Organic-Water Separators specified in paragraph (b)(3)(i) or (b)(3)(ii) of this section. approximately, but less than 10,000 34. Section 63.1041 is amended by (i) At those times when opening of a ppmv. revising the definition of ‘‘Safety safety device, as defined in § 63.1041 of (6) An owner or operator may choose device’’ to read as follows: this subpart, is required to avoid an to adjust or not adjust the detection unsafe condition. instrument readings to account for the § 63.1041 Definitions. (ii) At those times when purging of background organic concentration level. * * * * * inerts from the separator is required and If an owner or operator chooses to adjust Safety device means a closure device the purge stream is routed to a closed- the instrument readings for the such as a pressure relief valve, frangible vent system and control device designed background level, the background level disc, fusible plug, or any other type of and operated in accordance with the value must be determined according to device which functions to prevent applicable requirements of § 63.693 in the procedures in Method 21 of 40 CFR physical damage or permanent subpart DD—National Emission part 60, appendix A. deformation to equipment by venting Standards for Hazardous Air Pollutant (7) Each potential leak interface shall gases or vapors during unsafe Standards from Off-Site Waste and be checked by traversing the instrument conditions resulting from an unplanned, Recovery Operations. probe around the potential leak accidental, or emergency event. For the 36. Section 63.1046 is amended by interface as close to the interface as purpose of this subpart, a safety device revising paragraphs (a) and (b)(3) to read possible, as described in Method 21. In is not used for routine venting of gases as follows: the case when the configuration of the or vapors from the vapor headspace cover or closure device prevents a underneath a cover such as during § 63.1046 Test methods and procedures. complete traverse of the interface, all filling of the unit or to adjust the (a) Procedure for determining no accessible portions of the interface shall pressure in this vapor headspace in detectable organic emissions for the be sampled. In the case when the response to normal daily diurnal purpose of complying with this subpart. configuration of the closure device ambient temperature fluctuations. A (1) The test shall be conducted in prevents any sampling at the interface safety device is designed to remain in a accordance with the procedures and the device is equipped with an closed position during normal specified in Method 21 of 40 CFR part enclosed extension or horn (e.g., some operations and open only when the 60, appendix A. Each potential leak pressure relief devices), the instrument internal pressure, or another relevant interface (i.e., a location where organic probe inlet shall be placed at parameter, exceeds the device threshold vapor leakage could occur) on the cover approximately the center of the exhaust setting applicable to the equipment as and associated closure devices shall be area to the atmosphere.

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(8) An owner or operator must potential leak interface is determined to (e) Alternative inspection interval. determine if a potential leak interface operate with no detectable organic Following the initial inspection of a operates with no detectable emissions emissions if the organic concentration fixed roof in accordance with the using the applicable procedure specified value determined in paragraph (a)(8) is applicable provisions of this section, in paragraph (a)(8)(i) or (a)(8)(ii) of this less than 10,000 ppmv. subsequent inspection of the fixed roof section. (b) * * * may be performed at intervals longer (i) If an owner or operator chooses not (3) Seal gaps, if any, shall be than 1 year when an owner or operator to adjust the detection instrument measured around the entire perimeter of determines that performing the required readings for the background organic the floating roof in each place where inspection would expose a worker to concentration level, then the maximum 0.32-centimeter (cm) (1⁄8 inch) diameter dangerous, hazardous, or otherwise organic concentration value measured uniform probe passes freely (without unsafe conditions and the owner or by the detection instrument is compared forcing or binding against the seal) operator complies with the directly to the applicable value for the between the seal and the wall of the requirements specified in paragraphs potential leak interface as specified in separator and measure the (e)(1) and (e)(2) of this section. paragraph (a)(9) of this section. circumferential distance of each such (1) The owner or operator must (ii) If an owner or operator chooses to location. adjust the detection instrument readings prepare and maintain at the plant site * * * * * for the background organic written documentation identifying the 37. Section 63.1047 is amended by concentration level, the value of the specific fixed roof designated as ‘‘unsafe adding paragraph (e) and by revising arithmetic difference between the to inspect.’’ The documentation must paragraphs (a)(2) and (c)(1)(ii) to read as maximum organic concentration value include for each fixed roof designated as follows: measured by the instrument and the such a written explanation of the background organic concentration value § 63.1047 Inspection and monitoring reasons why the fixed roof is unsafe to as determined in paragraph (a)(6) of this requirements. inspect using the applicable procedures under this section. section is compared with the applicable (a) * * * value for the potential leak interface as (2) The owner or operator must (2) The owner or operator must specified in paragraph (a)(9) of this perform an initial inspection following develop and implement a written plan section. installation of the fixed roof. Thereafter, and schedule to inspect and monitor the (9) A potential leak interface is the owner or operator must perform the fixed roof using the applicable determined to operate with no inspections at least once every calendar procedures specified in this section detectable emissions using the year except as provided for in paragraph during times when a worker can safely applicable criteria specified in (e) of this section. access the fixed roof. The required paragraphs (a)(9)(i) and (a)(9)(ii) of this inspections and monitoring must be section. * * * * * (c) * * * performed as frequently as practicable (i) For a potential leak interface other but do not need to be performed more than a seal around a shaft that passes (1) * * * (ii) The owner or operator must frequently than the periodic schedule through a cover opening, the potential that would be otherwise applicable to leak interface is determined to operate perform an initial inspection following installation of the fixed roof. Thereafter, the fixed roof under the provisions of with no detectable organic emissions if this section. A copy of the written plan the organic concentration value the owner or operator must perform the inspections at least once every calendar and schedule must be maintained at the determined in paragraph (a)(8) is less plant site. than 500 ppmv. year except as provided for in paragraph (ii) For a seal around a shaft that (e) of this section. [FR Doc. 99–17943 Filed 7–19–99; 8:45 am] passes through a cover opening, the * * * * * BILLING CODE 6560±50±P

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ENVIRONMENTAL PROTECTION have explained our reasons for the file format or ASCII file format. All AGENCY amendments in the preamble to the comments and data in electronic form direct final rule. If we receive no must be identified by the docket number 40 CFR Part 63 adverse comment, we will not take (A–92–16). No CBI should be submitted further action on this proposed rule. If through electronic mail. Electronic [FRL±6377±4] we receive adverse comment, we will comments may be filed online at many RIN 2060±AH96 withdraw the direct final rule and it will Federal Depository Libraries. not take effect. We will address the Public Hearing. If a public hearing is National Emission Standards for comments in a subsequent final rule requested by the required date (see Hazardous Air Pollutants for Source based on the proposed rule. We will not DATES section in this notice), the public Categories: National Emission institute a second comment period on hearing will be held at the EPA Office Standards for Off-Site Waste and this action. Any parties interested in of Administration Auditorium, Research Recovery Operations commenting must do so at this time. Triangle Park, NC. Persons interested in AGENCY: Environmental Protection DATES: Comments. Written comments presenting oral testimony or inquiring Agency (EPA). must be received by August 19, 1999. as to whether a hearing is to be held should contact Ms. JoLynn Collins, ACTION: Proposed rule. Additionally, a public hearing regarding the proposed amendments will be held Waste and Chemical Processes Group, SUMMARY: The EPA is taking direct final if anyone requesting to speak contacts Emission Standards Division (MD–13), action to amend the national emission the EPA by August 10, 1999. If a hearing U.S. Environmental Protection Agency, standards for hazardous air pollutants is requested, the hearing will be held on Research Triangle Park, NC, 27711, (NESHAP) for off-site waste and August 19, 1999 beginning at 10:00 a.m., telephone number (919) 541–5671. recovery operations (OSWRO) that the and the record on the hearing will FOR FURTHER INFORMATION CONTACT: Ms. EPA promulgated on July 1, 1996, under remain open for 30 days after the Elaine Manning, Waste and Chemical authority of section 112 of the Clean Air hearing date to provide an opportunity Processes Group, Emission Standards Act (CAA). The rule applies to owners for submittal of rebuttal and additional Division (MD–13), U.S. Environmental and operators of facilities that are major information. Protection Agency, Research Triangle sources of hazardous air pollutants ADDRESSES: Comments: Written Park, NC, 27711, telephone number (HAP) and manage certain wastes, used comments (in duplicate, if possible) (919) 541–5499, facsimile number (919) oil, or used solvents received from off- should be submitted to Docket No. A– 541–0246, electronic mail address site locations. We are proposing to 92–16 at the following address: U.S. ‘‘[email protected]’’. amend specific provisions in the rule to Environmental Protection Agency, Air SUPPLEMENTARY INFORMATION: This resolve issues and questions raised after and Radiation Docket and Information document concerns proposed promulgation of the final rule; correct Center (6102), 401 M Street, SW, amendments to the National Emission technical omissions; update specific Washington, DC 20460. We request that Standards for Hazardous Air Pollutants requirements to be consistent with a separate copy of the comments also be for Off-site Waste and Recovery recent decisions made by the Agency for sent to the contact person listed below. Operations. For further information, other related air rules; and correct Comments on this action also may be please see the information provided in typographical, printing, and submitted electronically to the EPA’s the direct final action that is located in grammatical errors. Air and Radiation Docket and the ‘‘Rules and Regulations’’ section of In the ‘‘Rules and Regulations’’ Information Center at: ‘‘A-and-R- this Federal Register publication. section of this Federal Register [email protected].’’ Electronic publication, we are amending the comments must be submitted as an Dated: July 7, 1999. OSWRO NESHAP as a direct final rule ASCII file avoiding the use of special Carol M. Browner, without prior proposal because we view characters and any form of encryption. Administrator. the amendments as noncontroversial Comments and data will also be [FR Doc. 99–17944 Filed 7–19–99; 8:45 am] and anticipate no adverse comment. We accepted on disks in WordPerfect in 6.1 BILLING CODE 6560±50±P

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ENVIRONMENTAL PROTECTION B. How Can I Get Additional become even more informed about an AGENCY Information, Including Copies of This organophosphate’s risk assessment. EPA Document or Other Related Documents? will describe in detail the revised risk [OPP±34161A; FRL±6091±5] 1. Electronically. You may obtain assessments, including: The major electronic copies of this document and points (e.g., contributors to risk Methyl Parathion, Revised certain other available documents from estimates); how public comment on the Organophosphate Pesticide Risk the EPA Internet Home Page at http:// preliminary risk assessments affected Assessments; Notice of Public Meeting www.epa.gov/. On the Home Page select the revised risk assessments; and the ‘‘Laws and Regulations’’ and then look pesticide use information/data that was AGENCY: Environmental Protection up the entry for this document under used in developing the revised risk Agency (EPA). the ‘‘ Federal Register—Environmental assessments. Stakeholders will have an ACTION: Notice. Documents.’’ You can also go directly to opportunity to ask clarifying questions. the Federal Register listings at http:// In addition, representatives of the USDA www.epa.gov/fedrgstr/. SUMMARY: EPA will hold a public will provide ideas on possible risk A brief summary of the methyl meeting to present the revised risk management for methyl parathion. parathion revised risk assessments is assessments for one organophosphate Technical briefings are part of the now available at: http://www.epa.gov/ pesticide, methyl parathion, to pesticides/op/status.htm/, as well as in pilot public participation process that interested stakeholders. This public paper as part of the public version of the EPA and USDA are now using for meeting, called a ‘‘Technical Briefing,’’ official record as described in Unit I.B.2. involving the public in the reassessment will provide an opportunity for of this document. To access information of pesticide tolerances under the Food stakeholders to learn about the data, about the revised risk assessments, Quality Protection Act (FQPA), and the information, and methodologies that the which are scheduled for release on the reregistration of individual Agency used in revising its risk day of the technical briefing, for the organophosphate pesticides under the assessments for methyl parathion. In organophosphate pesticide methyl Federal Insecticide, Fungicide, and addition, representatives of the U.S. parathion, go directly to the Home Page Rodenticide Act (FIFRA). The pilot Department of Agriculture (USDA) will for the Office of Pesticide Programs at public participation process was provide ideas on possible risk http://www.epa.gov/pesticides/op/. developed as part of the EPA-USDA management for methyl parathion. 2. In person. The Agency has Tolerance Reassessment Advisory DATES: The technical briefing will be established an official record for this Committee (TRAC), which was held on Monday, August 2, 1999, from action under docket control number established in April 1998 as a 9 a.m. to noon. OPP–34161A. The official record subcommittee under the auspices of consists of the documents specifically EPA’s National Advisory Council for ADDRESSES: The technical briefing will referenced in this action, any public Environmental Policy and Technology. be held at the Holiday Inn-Old Town, comments received during the A goal of the pilot public participation 625 First St., Alexandria, VA, (703) 548– applicable comment period, and other 6300. process is to find a more effective way information related to this action, for the public to participate at critical FOR FURTHER INFORMATION CONTACT: including information claimed as junctures in the Agency’s development Karen Angulo, Special Review and Confidential Business Information (CBI). of organophosphate risk assessment and This official record includes the Registration Division (7508C), Office of risk management decisions. EPA and documents that are physically located in Pesticide Programs, Environmental USDA began implementing this pilot the docket, as well as the documents Protection Agency, 401 M St., SW., process in August 1998 in response to Washington, DC 20460; telephone that are referenced in those documents. The public version of the official record Vice President Gore’s directive to number: (703) 308–8004; e-mail address: increase transparency and opportunities [email protected]. does not include any information claimed as CBI. The public version of for stakeholder consultation. SUPPLEMENTARY INFORMATION: the official record, which includes On the day of the technical briefing, I. General Information printed, paper versions of any electronic in addition to making copies available at comments submitted during the the meeting site, the Agency will also A. Does This Action Apply To Me? applicable comment period, is available release for public viewing the methyl for inspection in Rm. 119, Crystal Mall parathion revised risk assessments and This action applies to the public in #2, 1921 Jefferson Davis Hwy., related documents to the Public general. As such, the Agency has not Arlington, VA, from 8:30 a.m. to 4 p.m., Information and Records Integrity attempted to specifically describe all the Monday through Friday, excluding legal Branch and the OPP Internet web site entities potentially affected by this holidays. The Public Information and action. The Agency believes that a wide that are described in Unit I.B.1. of this Records Integrity Branch telephone document. In addition, the Agency will range of stakeholders will be interested number is (703) 305–5805. in technical briefings on issue a Federal Register notice to organophosphates, including II. What Action has EPA Taken? provide an opportunity for a 60-day environmental, human health, and This document announces the public participation period during agricultural advocates, the chemical Agency’s intention to hold a technical which the public may submit industry, pesticide users, and members briefing for the organophosphate recommendations and proposals for of the public interested in the use of pesticide, methyl parathion. The transition. pesticides on food. If you have any Agency is presenting the revised risk List of Subjects questions regarding the applicability of assessments for methyl parathion to this action to a particular entity, consult interested stakeholders. Technical Environmental protection, Chemicals, the person listed in the ‘‘FOR FURTHER briefings are designed to provide Pesticides and pests. INFORMATION CONTACT’’ section. stakeholders with an opportunity to

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Dated: July 16, 1999. Jack E. Housenger, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. 99–18649 Filed 7–16–99; 4:17 pm] BILLING CODE 6560±50±F

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Reader Aids Federal Register Vol. 64, No. 138 Tuesday, July 20, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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 Proposed Rules: 54...... 38315 Presidential Documents Proclamations: 56...... 37886 6575...... 36229 523±5227 70...... 37886 Executive orders and proclamations 6982...... 36549 The United States Government Manual 523±5227 210...... 38839 7206...... 36229 250...... 36978 7207...... 36549 Other Services 220...... 38839 7208...... 37389 225...... 38839 Electronic and on-line services (voice) 523±4534 7208...... 37393 226...... 38839 Privacy Act Compilation 523±3187 Executive Orders: 251...... 36978 Public Laws Update Service (numbers, dates, etc.) 523±6641 July 12, 1911 271...... 37454 TTY for the deaf-and-hard-of-hearing 523±5229 (Revoked in part by 273...... 37454 PLO 7400)...... 38212 276...... 37454 13010...... 38535 319...... 36608 ELECTRONIC RESEARCH 13129...... 36757, 37033 906...... 38597 World Wide Web 13130...... 38535 924...... 37888 Administrative Orders: 948...... 37890 Full text of the daily Federal Register, CFR and other Memorandums: 1000...... 37892 publications: July 7, 1999 ...... 37393 1001...... 37892 http://www.access.gpo.gov/nara July 9, 1999 ...... 38101 1002...... 37892 Federal Register information and research tools, including Public Presidential Determinations: 1004...... 37892 Inspection List, indexes, and links to GPO Access: No. 99±30 of June 23, 1005...... 37892 1999 ...... 35921 1006...... 37892 http://www.nara.gov/fedreg No. 99±31 of June 30, 1007...... 37892 E-mail 1999 ...... 37033, 38075 1012...... 37892 No. 99±32 of July 1, 1013...... 37892 PENS (Public Law Electronic Notification Service) is an E-mail 1999 ...... 37035, 38075 1030...... 37892 service for notification of recently enacted Public Laws. To 1032...... 37892 subscribe, send E-mail to 5 CFR 1033...... 37892 [email protected] 531...... 36763 1036...... 37892 with the text message: 550...... 36763 1040...... 37892 591...... 36763 1044...... 37892 subscribe PUBLAWS-L your name 890...... 36237 1046...... 37892 Use [email protected] only to subscribe or unsubscribe to Proposed Rules: 1049...... 37892 PENS. We cannot respond to specific inquiries. 1204...... 35952 1050...... 37892 Reference questions. Send questions and comments about the 1205...... 35957 1064...... 37892 Federal Register system to: 1065...... 37892 7 CFR 1068...... 37892 [email protected] 47...... 38103 1076...... 37892 The Federal Register staff cannot interpret specific documents or 271...... 38287 1079...... 37892 regulations. 272...... 38287 1106...... 37892 273...... 38287 1124...... 37892 FEDERAL REGISTER PAGES AND DATES, JULY 274...... 38287 1126...... 37892 275...... 38287 1131...... 37892, 38144 35559±35920...... 1 276...... 38287 1134...... 37892 35921±36236...... 2 277...... 38287 1135...... 37892 36237±36558...... 6 278...... 38287 1137...... 37892 279...... 38287 1138...... 37892 36559±36762...... 7 280...... 38287 1139...... 37892 36763±37032...... 8 281...... 38287 1710...... 36609 37033±37392...... 9 282...... 38287 37393±37662...... 12 283...... 38287 8 CFR 37663±37832...... 13 284...... 38287 214...... 36423 37833±38102...... 14 285...... 38287 235...... 36559 38103±38286...... 15 300...... 37663 Proposed Rules: 38287±38534...... 16 301...... 37663, 38815 241...... 37461 38535±38814...... 19 319...... 38108 9 CFR 38815±38998...... 20 400...... 38537 762...... 38297 1...... 38546 925...... 37833 2...... 38546 944...... 37833 3...... 38546 1477...... 35559 52...... 37395 1980...... 38297 78...... 36775

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94...... 38548 Proposed Rules: 20...... 37675 Proposed Rules: 331...... 37666 801...... 37049 25...... 37675 327...... 38854 381...... 37666 922...... 38853 31...... 37675 1191...... 37326 Proposed Rules: 40...... 37675 1275...... 37922 16 CFR 301 ...... 36092, 36569, 37677 3...... 38145 37 CFR 94...... 37897, 38599 Proposed Rules: 602 ...... 36092, 36116, 36175, 96...... 37897 Ch. II ...... 38387 37678 201...... 36574 130...... 37903 23...... 37051 Proposed Rules: 202...... 36574 432...... 38610 1...... 35579, 37727 203...... 36574 10 CFR 453...... 35965 301...... 37727 204...... 36574 50...... 38551 1213...... 37051 211...... 36574 170...... 38816 1500...... 37051 28 CFR 212...... 36576 171...... 38816 1513...... 37051 0...... 37038 251...... 36574 708...... 37396 553...... 36750 253...... 36574 17 CFR 259...... 36574 Proposed Rules: 600...... 37038 260...... 36574 40...... 36615 1...... 36568 Proposed Rules: 50...... 36291 240...... 37586 5...... 37065 Proposed Rules: 72...... 36291 249...... 37586 212...... 36829 430...... 37706 Proposed Rules: 29 CFR 255...... 38861 1...... 38159 474...... 37905 1614...... 37644 38 CFR 810...... 35959 4044...... 38114, 38534 18 CFR 21...... 38576 Proposed Rules: 11 CFR 2...... 37037 1908...... 35972 39 CFR 110...... 37397 153...... 37037 1926...... 38078 111...... 38831 157...... 37037 2510...... 38390 12 CFR 275...... 37037 3002...... 37401 615...... 38110 284...... 37037 30 CFR 40 CFR 290...... 37037 Proposed Rules: 210...... 38116 9...... 36580, 37624 229...... 37708 385...... 37037 216...... 38116 430...... 35566 51...... 35714 227...... 36782 52 ...... 35577, 35930, 35941, 13 CFR Proposed Rules: 920...... 36784 36243, 36248, 36586, 36786, Proposed Rules: 330...... 37718 934...... 38826 385...... 37718 36790, 37402, 37406, 37681, 123...... 36617 Proposed Rules: 37847, 38577, 38580, 38832, 57...... 36632, 36826 38836 14 CFR 20 CFR 72...... 36826 60...... 37196, 38241 220...... 36239 39 ...... 35559, 36561, 36563, 75...... 36632, 36826 62 ...... 36600, 37851, 38582 904...... 37067 36777, 37667, 37669, 37838, 21 CFR 63...... 37683, 38950 37841, 38299, 38301, 38557, 914...... 38165 75...... 37582 173...... 38563 38817, 38821 917...... 38391 80...... 37687 520...... 37672 71 ...... 36565, 36566, 36567, 920...... 38392 81...... 37406 524...... 37400 36568, 37671, 38302, 38303, 938...... 36828 90...... 36423 556...... 35923 38304, 38305, 38306, 38560, 180 ...... 36252, 36794, 37855, 558...... 35923, 37672 31 CFR 38822, 38823, 38824 37861, 37863, 37870, 38307 1020...... 35924 97 ...... 35562, 35564, 38561, Ch. V...... 35575 260...... 36466 1308...... 35928, 37673 38562 306...... 38124 261...... 36466 1312...... 35928 257...... 38111 262...... 37624 32 CFR 258...... 38111 Proposed Rules: 264...... 36466, 37624 Proposed Rules: 16...... 36492, 36517 199...... 38575 265...... 36466, 37624 21...... 35902 101 ...... 36492, 36517, 36824 989...... 38127 268...... 36466 27...... 35902 115...... 36492, 36517 Proposed Rules: 270...... 36466, 37624 29...... 35902 510...... 35966 775...... 37069 273...... 36466 39 ...... 36307, 36618, 36623, 514...... 35966 776...... 37473 430...... 36580 558...... 35966 36624, 36626, 36628, 37046, Proposed Rules: 33 CFR 37465, 37471, 37911, 37913, 23 CFR 52 ...... 36635, 36830, 36831, 37915, 37917, 37918, 37920, 100...... 37583 37491, 37492, 37734, 37923, 38150, 38152, 38154, 38156, 661...... 38565 110...... 38828 38616, 38617, 38862, 38863 38157, 38316, 38319, 38322, 1225...... 35568 117 ...... 36239, 36569, 36570, 62 ...... 36426, 36639, 37923, 38325, 38329, 38332, 38335, 655...... 38307 37678, 38829, 38830 38617 38338, 38341, 38345, 38348, 165 ...... 36571, 36572, 36573, 24 CFR 63...... 37734, 38993 38351, 38355, 38358, 38362, 37679 81...... 37492 38365, 38368, 38371, 38374, 291...... 36210 173...... 36240 131...... 37072 38378, 38379, 38382, 38383, 570...... 38812 Proposed Rules: 180...... 36640 38603, 38605, 38606, 38844, Proposed Rules: 110...... 38166 442...... 38863 38846, 38848, 38850 200...... 36216 117...... 36318 71 ...... 36630, 36631, 37713, 290...... 38284 165...... 36633 41 CFR 37714, 37715, 37716, 37717, Ch. IX...... 38853 101-35...... 38588 38385, 38386, 38607, 38609 34 CFR Ch. 301 ...... 38587 25 CFR 91...... 35902, 37018 Proposed Rules: 301±52...... 38528 93 ...... 35963, 37296, 37304, Proposed Rules: 600...... 38272 301±54...... 38528 38851 516...... 38164 668...... 38272, 38504 301±70...... 38528 139...... 37026 301±71...... 38528 26 CFR 36 CFR 301±76...... 38528 15 CFR 1 ...... 35573, 36092, 36116, 242...... 35776, 774...... 36779 36175, 37037, 37675, 37677, 35821 42 CFR 902...... 36780 38825 251...... 37843 482...... 36070

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Proposed Rules: 47 CFR 1615...... 36271 1852...... 38880 405...... 38395 1...... 35832 1632...... 36271 409...... 36320 18...... 37417 1652...... 36271 410...... 36320 49 CFR 20...... 38313 1801...... 36605 411...... 36320 73 ...... 35941, 36254, 36255, 1804...... 36605 1...... 36801 412...... 36320 36256, 36257, 36258, 37875, 1809...... 36605 177...... 36802 413...... 36320 1815...... 36605 180...... 36802 416...... 36321 37876, 38588, 38589, 38590, 38591, 38592, 1827...... 36605 395...... 37689 419...... 36320 1832...... 36605 567...... 38593 488...... 36321 76...... 35948, 36605 90...... 36258 1833...... 36606 574...... 36807 489...... 36320 1845...... 36605 498...... 36320 Proposed Rules: 578...... 37876 1852...... 36605 1003...... 36320 1...... 38617 591...... 37878 15...... 38877 2832...... 37044 Proposed Rules: 43 CFR 20...... 38396 6103...... 38143 192...... 35580 Proposed Rules: 22...... 38617 Proposed Rules: 195...... 38173 2530...... 38172 27...... 36642 9...... 37360 571...... 36657 73 ...... 36322, 36323, 36324, 31...... 37360 44 CFR 36642, 37924, 37925, 37926, 47...... 37640 7...... 38308 37927, 38621, 38622 52...... 37640 50 CFR 64...... 38309, 38311 101...... 38617 208...... 38878 17...... 36274, 37638 212...... 38878 45 CFR 48 CFR 100...... 35776, 213...... 38878 35821 2522...... 37411 Ch. 1 ...... 36222 214...... 38878 216...... 37690 2525...... 37411 Ch. 5 ...... 37200 215...... 38878 600...... 36817 1...... 36222 232...... 38878 2526...... 37411 622...... 36780, 37690 2527...... 37411 12...... 36222 252...... 38878 635 ...... 36818, 37700, 37883 2528...... 37411 14...... 36222 1807...... 38880 2529...... 37411 15...... 36222 1811...... 38880 660 ...... 36817, 36819, 36820 679...... 37884 Proposed Rules: 19...... 36222 1812...... 38880 5b...... 37081 26...... 36222 1815...... 38880 Proposed Rules: 33...... 36222 1816...... 38880 17 ...... 36454, 36836, 37492 46 CFR 52...... 36222 1823...... 38880 622 ...... 35981, 36325, 37082 Proposed Rules: 53...... 36222 1842...... 38880 640...... 37082 388...... 36831 829...... 38592 1846...... 38880 648...... 35984

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REMINDERS Coupons replacement by William D. Ford Federal National priorities list The items in this list were electronic benefit Direct Loan Program; update; comments due editorially compiled as an aid transfer systems; comments due by 7-30- by 7-26-99; published to Federal Register users. comments due by 7-26- 99; published 6-16-99 6-24-99 Inclusion or exclusion from 99; published 5-27-99 ENVIRONMENTAL National priorities list this list has no legal AGRICULTURE PROTECTION AGENCY update; comments due significance. DEPARTMENT Air pollutants, hazardous; by 7-26-99; published Farm Service Agency national emission standards: 6-25-99 Warehouses: Generic maximum FEDERAL RULES GOING INTO COMMUNICATIONS Cotton warehouses; ≥without achievable control EFFECT JULY 20, 1999 COMMISSION unnecessary delay≥ technology; process defined; comments due by wastewater provisions; Common carrier services: FEDERAL 7-27-99; published 5-28- comments due by 7-29- Numbering resource COMMUNICATIONS 99 99; published 6-29-99 optimization; comments COMMISSION Polymers and resins due by 7-30-99; published AGRICULTURE Organization, functions, and (Groups I and IV); 6-17-99 DEPARTMENT authority delegations: comments due by 7-30- Radio stations; table of Food Safety and Inspection Wireless 99; published 6-30-99 assignments: Service Telecommunications Air programs: Arizona; comments due by Bureau; Gettysburg, PA Meat and poultry inspection: Accidental release 7-26-99; published 6-10- reference facility Listeria monocytogenes preventionÐ 99 elimination and license contamination of ready-to- Flammable hydrocarbon Colorado; comments due by application information eat products; compliance fuel exemption; 7-26-99; published 6-10- availability; published 5- with HACCP system comments due by 7-28- 99 28-99 regulations and comment 99; published 6-25-99 Idaho; comments due by 7- request; comments due HEALTH AND HUMAN Air programs; State authority 26-99; published 6-10-99 SERVICES DEPARTMENT by 7-26-99; published 5- delegations: 26-99 Louisiana; comments due by Food and Drug Arizona; comments due by 7-26-99; published 6-10- Administration COMMERCE DEPARTMENT 7-28-99; published 6-28- 99 Color additives: National Oceanic and 99 Texas; comments due by 7- D&C Violet No. 2 for Atmospheric Administration Air quality implementation 26-99; published 6-11-99 coloring meniscal tacks; plans; approval and Fishery conservation and GENERAL SERVICES published 6-18-99 promulgation; various management: ADMINISTRATION States: INTERIOR DEPARTMENT Northeastern United States Federal Acquisition Regulation California; comments due by Surface Mining Reclamation fisheriesÐ (FAR): and Enforcement Office Atlantic mackerel, squid, 7-28-99; published 6-28- 99 Relocation costs; comments Permanent program and and butterfish; due by 7-26-99; published Georgia; comments due by abandoned mine land comments due by 7-26- 5-25-99 reclamation plan 99; published 6-25-99 7-30-99; published 6-30- submissions: 99 HEALTH AND HUMAN Ocean and coastal resource SERVICES DEPARTMENT North Dakota; published 7- management: Michigan; comments due by 20-99 7-30-99; published 6-30- Food and Drug Channel Islands National 99 Administration Marine Sanctuary, CA; Biological products: review of management Hazardous waste program COMMENTS DUE NEXT authorizations: Albumin (human), plasma WEEK plan/regulations, intent to prepare environmental Idaho; comments due by 7- protein fraction (human), impact statement, and 26-99; published 6-25-99 and immune globulin AGRICULTURE scoping meetings; Hazardous waste: (human); comments due DEPARTMENT comments due by 7-27- Land disposal restrictionsÐ by 7-28-99; published 5- Animal and Plant Health 14-99 99; published 6-11-99 Mercury-bearing wastes; Inspection Service DEFENSE DEPARTMENT treatment standards; HEALTH AND HUMAN Animal welfare: SERVICES DEPARTMENT Acquisition regulations: comments due by 7-27- Confiscation of animals; 99; published 5-28-99 Health Care Financing Overseas use of purchase comments due by 7-27- Pesticides; tolerances in food, Administration card; comments due by 7- 99; published 5-28-99 animal feeds, and raw Medicare: 26-99; published 5-25-99 Plant-related quarantine, agricultural commodities: Ambulatory surgical centers; Federal Acquisition Regulation domestic: Fenhexamid; comments due ratesetting methodology, (FAR): Asian longhorned beetle; by 7-27-99; published 5- payment rates and comments due by 7-26- Relocation costs; comments 28-99 policies, and covered 99; published 5-27-99 due by 7-26-99; published Spinosad; comments due by surgical procedures list; Veterinary services; import or 5-25-99 7-26-99; published 5-26- comments due by 7-30- entry services at ports, user Freedom of Information Act; 99 99; published 7-6-99 fees; comments due by 7- implementation: Tebuconazole; comments Hospital outpatient services; 27-99; published 5-28-99 Defense Information due by 7-26-99; published prospective payment AGRICULTURE Systems Agency and 5-26-99 system; comments due by DEPARTMENT Office of Manager, Terbacil; comments due by 7-30-99; published 7-6-99 Food and Nutrition Service National Communications 7-27-99; published 5-28- HEALTH AND HUMAN Food stamp program: System; comments due 99 SERVICES DEPARTMENT by 7-26-99; published 5- Personal Responsibility and Superfund program: Public Health Service 27-99 Work Opportunity National oil and hazardous Indian Child Protection and Reconciliation Act of EDUCATION DEPARTMENT substances contingency Family Violence Prevention 1996; implementationÐ Postsecondary education: planÐ Act; implementation:

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Individuals employed in correction; comments Eurocopter France; and remainder or positions involving regular due by 7-26-99; comments due by 7-26- reversionary interests; contact with or control published 7-8-99 99; published 5-26-99 actuarial tables use; cross over Indian children; Coal mine safety and health: Pilatus Aircraft Ltd.; reference; comments due minimum standards of Underground minesÐ comments due by 7-28- by 7-29-99; published 4- character and employment Diesel particulate matter 99; published 6-23-99 30-99 suitability; comments due exposure of miners; Raytheon; comments due by by 7-26-99; published 5- comments due by 7-26- 7-30-99; published 6-14- 27-99 99; published 4-27-99 99 LIST OF PUBLIC LAWS INTERIOR DEPARTMENT NATIONAL CREDIT UNION Short Brothers; comments Fish and Wildlife Service ADMINISTRATION due by 7-28-99; published This is a continuing list of Endangered and threatened Credi unions: 6-28-99 public bills from the current species: Insurance requirementsÐ Airworthiness standards: session of Congress which Freshwater mussels; Share insurance fund Special conditionsÐ have become Federal laws. It comments due by 7-26- capitalization; comments General Electric Aircraft may be used in conjunction 99; published 5-27-99 due by 7-26-99; Engines models CT7- with ``P L U S'' (Public Laws Ventura marsh milk-vetch; published 5-26-99 6D, CT7-6E and CT7-8 Update Service) on 202±523± comments due by 7-26- 6641. This list is also SMALL BUSINESS turboshaft engines; 99; published 5-25-99 available online at http:// ADMINISTRATION comments due by 7-27- www.nara.gov/fedreg. Migratory bird hunting: Business loans: 99; published 5-28-99 Seasons, limits, and Liquidation of collateral and Class D and Class E The text of laws is not shooting hours; sale of commercial loans; airspace; comments due by establishment, etc.; published in the Federal comments due by 7-29- 7-29-99; published 6-11-99 Register but may be ordered comments due by 7-27- 99; published 6-29-99 Class E airspace; comments 99; published 5-3-99 in ``slip law'' (individual TRANSPORTATION due by 7-26-99; published pamphlet) form from the INTERIOR DEPARTMENT DEPARTMENT 6-21-99 Superintendent of Documents, Surface Mining Reclamation Coast Guard Class E airspace; correction; U.S. Government Printing and Enforcement Office comments due by 7-29-99; Drawbridge operations: Office, Washington, DC 20402 Permanent program and published 6-30-99 (phone, 202±512±1808). The New Jersey; comments due abandoned mine land text will also be made by 7-26-99; published 5- TRANSPORTATION reclamation plan available on the Internet from 25-99 DEPARTMENT submissions: GPO Access at http:// Oregon; comments due by Research and Special Pennsylvania; comments www.access.gpo.gov/nara/ 7-26-99; published 5-25- Programs Administration due by 7-30-99; published index.html. Some laws may 99 Hazardous materials: 7-8-99 not yet be available. TRANSPORTATION Hazardous materials JUSTICE DEPARTMENT DEPARTMENT transportationÐ H.R. 435/P.L. 106±36 Immigration and Economic regulations: Loading, unloading, and Miscellaneous Trade and Naturalization Service storage; regulatory Airline code-sharing Technical Corrections Act of Immigration: applicability; comments arrangements, long-term 1999 (June 25, 1999; 113 AliensÐ due by 7-26-99; wet leases, and change- Stat. 127) Inadmissibility and of-gauge services; published 4-27-99 deportability on public disclosure; comments due TRANSPORTATION Last List June 17, 1999 charge grounds; public by 7-30-99; published 7- DEPARTMENT charge definition; 15-99 Surface Transportation comments due by 7-26- TRANSPORTATION Board Public Laws Electronic 99; published 5-26-99 DEPARTMENT Rail procedures: Notification Service JUSTICE DEPARTMENT Federal Aviation Rail rate reasonableness, (PENS) Protection of Children from Administration exemption and revocation Sexual Predators Act of Airworthiness directives: proceedings; expedited 1998; implementation: Airbus; comments due by 7- procedures; comments PENS is a free electronic mail Designation of agencies to 28-99; published 6-28-99 due by 7-26-99; published notification service of newly receive and investigate Bell; comments due by 7- 6-25-99 enacted public laws. To reports of child 26-99; published 5-26-99 TREASURY DEPARTMENT subscribe, send E-mail to pornography; comments Boeing; comments due by [email protected] with due by 7-26-99; published Customs Service 7-26-99; published 6-11- the text message: 5-26-99 Customs brokers: 99 Licensing and conduct; SUBSCRIBE PUBLAWS-L LABOR DEPARTMENT British Aerospace; Mine Safety and Health comments due by 7-28- Your Name. comments due by 7-28- 99; published 6-29-99 Administration 99; published 6-28-99 TREASURY DEPARTMENT Note: This service is strictly Coal mine and metal and Dassault; comments due by for E-mail notification of new nonmetal mine safety and 7-28-99; published 6-28- Internal Revenue Service public laws. The text of laws health: 99 Income taxes and estate and is not available through this Underground minesÐ Dornier; comments due by gift taxes: service. PENS cannot respond Diesel particulate matter 7-28-99; published 6-28- Annuities valuation, interests to specific inquiries sent to exposure of miners; 99 for life or terms of years, this address.

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