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Contents Federal Register Vol. 64, No. 171

Friday, September 3, 1999

Agricultural Marketing Service Commerce Department RULES See International Trade Administration Onions (Vidalia) grown in— See National Oceanic and Atmospheric Administration Georgia, 48243–48245 NOTICES Committee for Purchase From People Who Are Blind or Oranges, grapefruit, tangerines, and lemons; grade Severely Disabled standards, 48340 NOTICES Procurement list; additions and deletions, 48345–48346 Agriculture Department Procurement list; additions and deletions; correction, 48346 See Agricultural Marketing Service See Animal and Plant Health Inspection Service Comptroller of the Currency See Food and Nutrition Service NOTICES See Forest Service Agency information collection activities: NOTICES Proposed collection; comment request, 48453–48455 Program payments; income tax exclusion; primary purpose determinations: Customs Service South Dakota; petroleum release compensation fund NOTICES program, 48339–48340 Agency information collection activities: Proposed collection; comment request, 48455–48457 Animal and Plant Health Inspection Service RULES Defense Department Exportation and importation of animals and animal See Army Department products: See Engineers Corps African horse sickness; disease status change— See Navy Department Morocco, 48258–48259 RULES Plant-related quarantine, domestic: Acquisition regulations: Mediterranean fruit fly, 48245–48246 Manufacturing Technology Program Correction, 48459 Army Department See Engineers Corps Education Department NOTICES NOTICES Environmental statements; notice of intent: Agency information collection activities: Aberdeen Proving Ground, MD; test range management Submission for OMB review; comment request, 48389 practices, 48386 Meetings: President’s Advisory Commission on Educational Blind or Severely Disabled, Committee for Purchase From Excellence for Hispanic Americans, 48390 People Who Are See Committee for Purchase From People Who Are Blind or Employment and Training Administration Severely Disabled NOTICES Agency information collection activities: Broadcasting Board of Governors Proposed collection; comment request, 48432–48434 NOTICES Meetings; Sunshine Act, 48346 Employment Standards Administration See Wage and Hour Division Centers for Disease Control and Prevention NOTICES NOTICES Minimum wages for Federal and federally-assisted Agency information collection activities: construction; general wage determination decisions, Proposed collection; comment request, 48401–48402 48434–48436 Fertility Clinic Success Rate and Certification Act; implementation: Energy Department Pregnancy success rates from assisted reproductive See Federal Energy Regulatory Commission technology programs; report; comment request, 48402–48407 Engineers Corps Meetings: NOTICES Energy-Related Epidemiologic Research Advisory Nationwide permits (NWPs); issuance, reissuance, and Committee, 48407–48408 modification, 48386–48389 Coast Guard Environmental Protection Agency NOTICES RULES Environmental statements; availability, etc.: Air quality implementation plans; approval and Optimize Training Infrastructure Initiative, 48442–48444 promulgation; various States: Meetings: California, 48305–48307 Navigation Safety Advisory Council, 48442 Massachusetts, 48297–48305

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PROPOSED RULES Federal Highway Administration Air quality implementation plans; approval and RULES promulgation; various States: Motor carrier safety standards: Massachusetts, 48337 Commercial motor vehicle; definition, 48509–48517 NOTICES PROPOSED RULES Committees; establishment, renewal, termination, etc.: Motor carrier safety standards: Environmental Policy and Technology National Advisory Small passenger-carrying commercial motor vehicles; Council, 48392 operator requirements, 48518–48522 Environmental statements; availability, etc.: NOTICES Agency statements— Environmental statements; notice of intent: Comment availability, 48393–48394 Kitsap and Jefferson Counties, WA, 48447–48448 Weekly receipts, 48394 Meetings: Federal Prison Industries FIFRA Scientific Advisory Panel, 48394–48396 PROPOSED RULES Water pollution; discharge of pollutants (NPDES): Agency’s ability to accomplish its mission; standards and Idaho; aquaculture and on-site fish processing facilities; procedures general permit; correction, 48459 Withdrawn, 48336

Federal Aviation Administration Federal Railroad Administration RULES NOTICES Airworthiness directives: Grants and cooperative agreements; availability, etc.: Dornier, 48282–48284 States or consortia of States persuing high-speed rail Fokker, 48280–48282 corridors; high-speed non-electric (fossil fuel) General Electric Co., 48277–48280 , 48286–48288 passenger locomotive demonstration, 48448–48450 McDonnell Douglas, 48284–48286 PROPOSED RULES Federal Reserve System Airworthiness directives: Bombardier, 48333–48335 RULES Class E airspace; correction, 48459 Extensions of credit by Federal Reserve banks (Regulation NOTICES A): Airport noise compatibility program: Discount rate change, 48274–48275 Rickenbacker International Airport, OH, 48444–48445 NOTICES Environmental statements; notice of intent: Agency information collection activities: Baltimore-Washington metropolitan area; air traffic Proposed collection; comment request, 48453–48455 control procedural changes, 48445–48446 Banks and bank holding companies: Meetings: Change in bank control; correction, 48396 RTCA, Inc., 48446–48447 Formations, acquisitions, and mergers, 48396–48397 Passenger facility charges; applications, etc.: Permissible nonbanking activities, 48397 Aspen/Pitkin County Airport, CO, 48447 Permissible nonbanking activities; correction, 48397– 48398

Federal Communications Commission Federal Transit Administration RULES NOTICES Radio stations; table of assignments: Environmental statements; notice of intent: Puerto Rico and Virgin Islands, 48307 Hartford County, CT; Hartford to New Britain busway PROPOSED RULES project, 48450–48451 Radio services, special: Maritime services— Privately owned accounting authorities; accounts Fish and Wildlife Service settlement; streamlining; biennial regulatory RULES review, 48337 Endangered and threatened species: ’Oha wai, etc. (ten plant taxa from Maui Nui, HI), 48307– 48324 Federal Deposit Insurance Corporation NOTICES NOTICES Environmental statements; availability, etc.: Agency information collection activities: Incidental take permits— Proposed collection; comment request, 48453–48455 Merced County, CA; San Joaquin kit fox, 48412–48413 Meetings; Sunshine Act, 48396 Food and Drug Administration Federal Energy Regulatory Commission RULES NOTICES Animal drugs, feeds, and related products: Environmental statements; availability, etc.: New drug applications— Southeastern Hydro-Power, Inc., 48391 Enrofloxacin tablets, 48295 Hydroelectric applications, 48391–48392 Estradiol and testosterone, etc., 48293–48295 Applications, hearings, determinations, etc.: Semduramicin and virginiamycin, 48295–48297 National Fuel Gas Supply Corp., 48390 Color additives: Petal Gas Storage Co., 48391 FD&C Blue No. 2-Aluminum Lake on alumina for Pine Needle LNG Co., L.L.C., 48391 coloring bone cement, 48288–48290

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Food additives: Interior Department Adhesive coatings and components— See Fish and Wildlife Service Butylated reaction product of p-cresol and See Land Management Bureau dicyclopentadiene, 48290–48291 See National Park Service Adjuvants, production aids, and sanitizers— Dimethylolpropionic acid, 48291–48292 Internal Revenue Service Siloxanes and silicones, methyl hydrogen, reaction NOTICES products with 2,2,6,6-tetramethyl-4-(2- Meetings: propenyloxy)piperidine, 48292–48293 Citizen Advocacy Panels— PROPOSED RULES Brooklyn District, 48457–48458 Food for human consumption: Midwest District, 48457–48458 Dietary supplements; current good manufacturing practice— International Trade Administration Food Safety and Applied Nutrition Center; public NOTICES meetings, 48336 Antidumping: NOTICES Brass sheet and strip from— Agency information collection activities: Italy, 48348–48351 Proposed collection; comment request, 48408–48409 Various countries, 48351–48354 Food additive petitions: Color picture tubes from— SteriGenics International, Inc., 48409 Various countries, 48354–48357 Reports and guidance documents; availability, etc.: Solid urea from— Bioavailability and bioequivalence studies for orally Romania, 48360–48362 administered drug products; general considerations, Various countries, 48357–48360 48409–48410 Sugar and syrups from— Canada, 48362–48367 Food and Nutrition Service Antidumping and countervailing duties: RULES Five-year (sunset) reviews— Food stamp program: Final results and revocations, 48346–48348 Balanced Budget Act of 1997; implementation— Countervailing duties: Time-limit exemptions and employment and training Brass sheet and strip from— programs, 48246–48258 Brazil, 48367–48369 PROPOSED RULES France, 48369–48372 Child nutrition programs: Top-of-the-stove stainless steel cookware from— National school lunch, school breakfast, summer food South Korea, 48374–48378 service, and child and adult care food programs; Taiwan, 48372–48374 vegetable protein products requirements modification Senior Executive Service: Correction, 48459 Performance Review Board; membership, 48378

Forest Service Justice Department NOTICES See Federal Prison Industries Environmental statements; notice of intent: NOTICES Kootenai National Forest, MT, 48340–48345 Information processing standards, Federal: Data Encryption Standard; waivers, 48432 Health and Human Services Department See Centers for Disease Control and Prevention Labor Department See Food and Drug Administration See Employment and Training Administration See Health Resources and Services Administration See Employment Standards Administration NOTICES See Wage and Hour Division Committees; establishment, renewal, termination, etc.: Medicare Trustees Reports Technical Review Panel, Land Management Bureau 48398 NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities: Family Planning Service Training Program, 48398–48401 Submission for OMB review; comment request, 48413 Coal leases, exploration licenses, etc.: Health Resources and Services Administration Colorado, 48413–48415 NOTICES Meetings: Grants and cooperative agreements; availability, etc.: Resource Advisory Councils— National AIDS Education and Training Centers Central Montana, 48415 Evaluation Center, 48410–48411 Northeastern Great Basin, 48415 Protraction diagram plat filings: Housing and Urban Development Department Montana, 48416 NOTICES Withdrawal and reservation of lands: Grants and cooperative agreements; availability, etc.: Colorado, 48416–48417 Community development block grant program— Disaster Recovery Initiative, 48411 Marine Mammal Commission Facilities to assist homeless— NOTICES Excess and surplus Federal property, 48411–48412 Meetings; Sunshine Act, 48436

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National Archives and Records Administration Nuclear Regulatory Commission NOTICES RULES Agency information collection activities: Domestic licensing and related regulatory functions; Submission for OMB review; comment request, 48436– environmental protection regulations: 48437 Nuclear power plant operating licenses; renewal requirements, 48495–48507 National Highway Traffic Safety Administration Transportation impacts consideration; environmental NOTICES impact statement, 48507–48508 Motor vehicle theft prevention standards; exemption Spent nuclear fuel and high-level radioactive waste; petitions, etc.: independent storage; licensing requirements: Nissan North America, Inc., 48451–48452 Approved spent fuel storage casks; list additions, 48259– 48274 National Oceanic and Atmospheric Administration PROPOSED RULES RULES Byproduct material; domestic licensing: Fishery conservation and management: Industrial devices containing byproduct material, Alaska; fisheries of Exclusive Economic Zone— generally licensed; requirements, 48333 Pollock, 48329–48332 NOTICES Rock sole/flathead sole/other flatfish, 48330–48331 Environmental statements; availability, etc.: Caribbean, Gulf, and South Atlantic fisheries— NAC International, Inc., 48437–48439 South Atlantic snapper-grouper, 48326 Meetings: PROPOSED RULES Reactor Safeguards Advisory Committee, 48439–48440 Fishery conservation and management: Magnuson-Stevens Act provisions and Northeastern United States fisheries— Pension Benefit Guaranty Corporation Domestic fisheries; exempted fishing permits, 48337– NOTICES 48338 Agency information collection activities: NOTICES Submission for OMB review; comment request, 48440– Grants and cooperative agreements; availability, etc.: 48441 National Estuarine Research Reserve System graduate research fellowships, 48378–48384 Meetings: Personnel Management Office South Atlantic Fishery Management Council, 48384– NOTICES 48385 Excepted service: NEXRAD Information Dissemination Service (NIDS) Schedules A, B, and C; positions placed or revoked— Agreement; replacement with govermemt operated Consolidated list, 48461–48494 radar product central collection and distribution system, 48385 Public Health Service Permits: See Centers for Disease Control and Prevention Endangered and threatened species; correction, 48385– See Food and Drug Administration 48386 See Health Resources and Services Administration National Park Service NOTICES Small Business Administration Agency information collection activities: RULES Submission for OMB review; comment request, 48418 Disaster loan program: Environmental statements; availability, etc.: Pre-disaster mitigation loans, 48275–48277 George Washington Memorial Parkway, Arlington County NOTICES and Alexandria, VA; land exchange, 48418–48419 Agency information collection activities: Whitman Mission National Historic Site, WA, 48419 Proposed collection; comment request, 48441 Meetings: Cape Cod National Seashore Advisory Commission, 48419–48420 Thrift Supervision Office National Capital Memorial Commission, 48420 NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities: Standard concession contracts; revision, 48420–48432 Proposed collection; comment request, 48453–48455 National Science Foundation NOTICES Transportation Department Antarctic Conservation Act of 1978; permit applications, See Coast Guard etc., 48437 See Federal Aviation Administration See Federal Highway Administration National Transportation Safety Board See Federal Railroad Administration NOTICES See Federal Transit Administration Meetings; Sunshine Act, 48437 See National Highway Traffic Safety Administration See Transportation Statistics Bureau Navy Department NOTICES NOTICES Meetings: Meetings: Regulatory flexibility analysis; public forum, 48441– Naval Academy, Board of Visitors, 48389 48442

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Transportation Statistics Bureau Separate Parts In This Issue NOTICES Motor carriers: Part II Financial and operating information; public release of Office of Personnel Management, 48461–48494 reports; exemption requests, 48452–48453 Part III Treasury Department Nuclear Regulatory Commission, 48495–48508 See Comptroller of the Currency See Customs Service Part IV See Internal Revenue Service Department of Transportation, Federal Highway See Thrift Supervision Office Administration, 48509–48522 Part V United States Institute of Peace Department of Labor, Wage and Hour Division, 48523– NOTICES 48525 Meetings; Sunshine Act, 48458

Wage and Hour Division Reader Aids RULES Consult the Reader Aids section at the end of this issue for American Samoa; minimum wage rates, 48523–48525 phone numbers, online resources, finding aids, reminders, 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 648...... 48337 272...... 48246 273...... 48246 301...... 48245 955...... 48243 Proposed Rules: 210...... 48459 220...... 48459 225...... 48459 226...... 48459 9 CFR 93...... 48258 10 CFR 51 (2 documents) ...... 48496, 48507 72...... 48259 Proposed Rules: 31...... 48333 12 CFR 201...... 48274 13 CFR 121...... 48275 123...... 48275 14 CFR 39 (5 documents) ...... 48277, 48280, 48282, 48284, 48286 Proposed Rules: 39...... 48333 71...... 48459 21 CFR 74...... 48288 175...... 48290 178 (2 documents) ...... 48291, 48292 510...... 48293 520...... 48295 522...... 48293 556...... 48295 558...... 48295 Proposed Rules: 111...... 48336 28 CFR Proposed Rules: 302...... 48336 29 CFR 697...... 48525 40 CFR 52 (2 documents) ...... 48297, 48305 Proposed Rules: 52...... 48337 47 CFR 73...... 48307 Proposed Rules: 3...... 48337 48 CFR 235...... 48459 49 CFR 390...... 48510 Proposed Rules: 390...... 48519 50 CFR 17...... 48307 622 (2 documents) ...... 48324, 48326 679 (4 documents) ...... 48329, 48330, 48331, 48332 Proposed Rules: 600...... 48337

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Rules and Regulations Federal Register Vol. 64, No. 171

Friday, September 3, 1999

This section of the FEDERAL REGISTER number and the date and page number later than 20 days after the date of the contains regulatory documents having general of this issue of the Federal Register and entry of the ruling. applicability and legal effect, most of which will be made available for public Section 955.40 of the order provides are keyed to and codified in the Code of inspection in the Office of the Docket authority for the Committee to incur Federal Regulations, which is published under Clerk during regular business hours. expenses that are reasonable and 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: necessary to operate the program. The The Code of Federal Regulations is sold by William G. Pimental, Southeast order also provides that these expenses the Superintendent of Documents. Prices of Marketing Field Office, F&V, AMS, be paid by assessments levied on fresh new books are listed in the first FEDERAL USDA, PO Box 2276, Winter Haven, FL shipments of Vidalia onions. The REGISTER issue of each week. 33883–2276; telephone: (941) 299–4770, Committee prepares an annual budget of Fax: (941) 299–5169; or George Kelhart, expenses on a fiscal year basis. Section 955.13 of the order defines ‘‘fiscal DEPARTMENT OF AGRICULTURE Technical Advisor, Marketing Order Administration Branch, Fruit and period’’ to mean September 16 through September 15 of the following year, or Agricultural Marketing Service Vegetable Programs, AMS, USDA, room 2525–S, PO Box 96456, Washington, DC such other period that may be 7 CFR Part 955 20090–6456; telephone: (202) 720–2491, recommended by the Committee and Fax: (202) 720–5698. approved by the Secretary. [Docket No. FV99±955±1 IFR] This rule changes the fiscal period to SUPPLEMENTARY INFORMATION: This rule January 1 through December 31, making Vidalia Onions Grown in Georgia; is issued under Marketing Agreement it consistent with the current Vidalia Fiscal Period Change and Order No. 955 (7 CFR part 955) onion marketing season. It also extends regulating the handling of Vidalia AGENCY: Agricultural Marketing Service, the 1998–99 fiscal period, currently USDA. onions grown in Georgia, hereinafter September 16, 1998 through September referred to as the ‘‘order.’’ The ACTION: 15, 1999, through December 31, 1999. Interim final rule with request marketing agreement and order are for comments. These changes were unanimously effective under the Agricultural recommended by the Committee at its SUMMARY: This rule changes the fiscal Marketing Agreement Act of 1937, as November 19, 1998, meeting. period under the Vidalia onion amended (7 U.S.C. 601–674), hereinafter When the order was first issued in marketing order (order) to January 1– referred to as the ‘‘Act.’’ 1989, the harvesting and marketing December 31 from September 16– The Department of Agriculture season for Vidalia onions ran from April September 15. It also extends the (Department) is issuing this rule in through June. The September 16 current fiscal period which began conformance with Executive Order through September 15 fiscal period thus September 16, 1998, through December 12866. covered the entire marketing season and 31, 1999. The order is administered This rule has been reviewed under was appropriate for budget planning locally by the Vidalia Onion Committee Executive Order 12988, Civil Justice purposes. Over the past decade, changes (Committee), which recommends its Reform. This rule is not intended to in the industry have extended the program expenses on a fiscal period have retroactive effect. This rule will marketing season. In particular, the basis. An assessment rate, levied on not preempt any State or local laws, adoption of Controlled Atmosphere fresh Vidalia onion shipments, is regulations, or policies, unless they (CA) storage by three-fourths of the established to pay those expenses. present an irreconcilable conflict with handlers has allowed them to When the current fiscal period was this rule. economically store Vidalia onions established, it coincided with the The Act provides that administrative through December. While there are Vidalia onion marketing season which proceedings must be exhausted before some added storage costs and losses due ran from April through June. Due largely parties may file suit in court. Under to shrinkage, these costs are more than to the use of Controlled Atmosphere section 608c(15)(A) of the Act, any offset by prices received for Vidalia (CA) storage, Vidalia onions are now handler subject to an order may file onions during the holiday season shipped through the fall. This action with the Secretary a petition stating that (November and December). will make the fiscal period consistent the order, any provision of the order, or The Committee’s current annual with the current marketing season. any obligation imposed in connection budget is $373,577, and the assessment DATES: Effective September 7, 1999; with the order is not in accordance with rate is set at 7 cents per 50-pound bag. comments received by November 2, law and request a modification of the Major expenses include $131,600 for 1999 will be considered prior to order or to be exempted therefrom. A marketing and promotion, $75,000 for issuance of a final rule. handler is afforded the opportunity for research, $135,127 for administrative ADDRESSES: Interested persons are a hearing on the petition. After the expenses, and $31,850 for compliance. invited to submit written comments hearing the Secretary would rule on the It is appropriate that the Committee concerning this rule. Comments must be petition. The Act provides that the plan and finance its activities consistent sent to the Docket Clerk, Fruit and district court of the United States in any with the Vidalia onion marketing Vegetable Programs, AMS, USDA, room district in which the handler is an season. 2525–S, PO Box 96456, Washington, DC inhabitant, or has his or her principal The Committee will begin operating 20090–6456; Fax: (202) 720–5698; or E- place of business, has jurisdiction to under the revised fiscal period on mail: [email protected]. All review the Secretary’s ruling on the January 1, 2000. Therefore, this rule also comments should reference the docket petition, provided an action is filed not extends the current fiscal period

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In addition, to improve the functioning and the 1998–99 fiscal period, currently the Department has not identified any operation of the program. The majority September 16, 1998, through September relevant Federal rules that duplicate, of handlers maintain their business 15, 1999, through December 31, 1999. overlap or conflict with this rule. records on a calendar year basis. These changes were unanimously Further, the Committee’s meeting was Therefore, this rule will better reflect recommended by the Committee at its widely publicized throughout the current industry practices. November 19, 1998, meeting. Vidalia onion industry and all Pursuant to requirements set forth in When the order was first issued in interested persons were invited to the Regulatory Flexibility Act (RFA), the 1989, the harvesting and marketing attend the meeting and participate in Agricultural Marketing Service (AMS) season for Vidalia onions ran from April Committee deliberations. Like all has considered the economic impact of through June. The September 16 Committee meetings, the November 19, this action on small entities. through September 15 fiscal period thus 1998, meeting was a public meeting and Accordingly, AMS has prepared this covered the entire marketing season and all entities, both large and small, were initial regulatory flexibility analysis. was appropriate for budget and able to express their views on this issue. The purpose of the RFA is to fit planning purposes. Over the past The Committee itself is composed of regulatory actions to the scale of decade, changes in the industry have nine members: eight producers and one business subject to such actions in order extended the marketing season. In public member. that small businesses will not be unduly particular, the adoption of Controlled Finally, interested persons are invited or disproportionately burdened. Atmosphere (CA) storage by three- to submit information on the regulatory Marketing orders issued pursuant to the fourths of the handlers has allowed and informational impacts of this action Act, and the rules issued thereunder, are them to economically store Vidalia on small businesses. unique in that they are brought about onions through December. While there Small businesses may request through group action of essentially are some added storage costs and losses information on compliance with this small entities acting on their own due to shrinkage, these costs are more regulation, or obtain a guide on behalf. Thus, both statutes have small than offset by prices received for Vidalia complying with fruit, vegetable, and entity orientation and compatibility. onions during the holiday season specialty crop marketing agreements There are approximately 86 handlers (November and December). and orders by contacting Jay Guerber, of Vidalia onions who are subject to The Committee’s current annual Marketing Order Administration regulation under the order and budget is $373,577, and the assessment Branch, Fruit and Vegetable Programs, approximately 133 Vidalia onion rate is set at 7 cents per 50-pound bag. AMS, USDA, room 2525–S, PO Box producers in the regulated area. Small Major expenses include $131,600 for 96456, Washington, DC 20090–6456; agricultural service firms have been marketing and promotion, $75,000 for telephone: (202) 720–2491, Fax: (202) defined by the Small Business research, $135,127 for administrative 720–5698, or E-mail: Administration (SBA) (13 CFR 121.601) expenses, and $31,850 for compliance. [email protected]. You may view as those having annual receipts of less It is appropriate that the Committee the marketing agreement and order than $5,000,000, and small agricultural plan and finance its activities consistent small business compliance guide at the producers are defined as those having with the Vidalia onion marketing following web site: http:// annual receipts of less than $500,000. season. www.ams.usda.gov/fv/moab.html. During the 1996–97 fiscal year, about The Committee will begin operating This rule invites comments on these 14 percent of the handlers shipped under the revised fiscal period on changes to the fiscal period currently about 2,771,000 50-pound bags of January 1, 2000. Therefore, this rule also prescribed under the order. Any Vidalia onions, for an average of about extends the current fiscal period comments received will be considered 197,930 bags. The remaining 86 percent through December 31, 1999. This will prior to finalization of this rule. of the handlers shipped about 1,262,940 provide for continuous operation of the After consideration of all relevant bags, for an average of about 14,685 program. The Committee will revise its material presented, including the bags. Using an average f.o.b. price of current budget of expenses to cover the Committee’s recommendation, and $12.80 per bag, the majority of handlers 31⁄2 months being added to the current other information, it is found that this could be considered small businesses fiscal period. rule, as hereinafter set forth, will tend under SBA’s definition. Likewise, the This rule is a change to Committee to effectuate the declared policy of the majority of Vidalia onion growers may operations which would not impose any Act. be classified as small businesses. new requirements on Vidalia onion Pursuant to 5 U.S.C. 553, it is also Section 955.40 of the order provides handlers. It could, on the other hand, found and determined upon good cause authority for the Committee to incur simplify handler operations by putting that it is impracticable, unnecessary, expenses that are reasonable and the program fiscal period on the same and contrary to the public interest to necessary to operate the program. The basis as handlers’ internal reporting and give preliminary notice prior to putting order also provides that these expenses recordkeeping procedures. this rule into effect and that good cause be paid by assessments levied on fresh The Committee discussed the exists for not postponing the effective shipments of Vidalia onions. The alternative of leaving the fiscal period as date of this rule until 30 days after Committee prepares an annual budget of it presently exists, but unanimously publication in the Federal Register expenses on a fiscal year basis. Section concluded that this change would because: (1) The 1998–99 fiscal period 955.13 of the order defines ‘‘fiscal improve program operations. ends on September 15, 1999, and this period’’ to mean September 16 through This rule will not impose any action is needed to be taken as soon as September 15 of the following year, or additional reporting or recordkeeping possible to assure continuity in

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Committee operations; (2) handlers are determined that the Mediterranean fruit quarantined areas to prevent the spread aware of this action which was fly has been eradicated from this area of Medfly to noninfested areas of the unanimously recommended by the and that restrictions on the interstate United States. Since an initial finding of Committee at a public meeting; and (3) movement of regulated articles from this Medfly in a portion of San Diego this interim final rule provides a 60-day area are no longer necessary. This action County, CA, in August 1998, the comment period, and all comments relieves unnecessary restrictions on the quarantined areas in California have timely received will be considered prior interstate movement of regulated included portions of Orange, Riverside, to finalization of this rule. articles from this area. As a result of this and San Diego Counties. action, there are no longer any areas in List of Subjects in 7 CFR Part 955 In an interim rule effective August 13, the continental United States 1998, and published in the Federal Marketing agreements, Onions, quarantined because of the Reporting and recordkeeping Register on August 20, 1998 (63 FR Mediterranean fruit fly. 44539–44541, Docket No. 98–083–1), we requirements. DATES: This interim rule is effective as For the reasons set forth in the added a portion of San Diego County, of August 27, 1999. We invite you to CA, to the list of quarantined areas. In preamble, 7 CFR part 955 is amended as comment on this docket. We will follows: a second interim rule effective August consider all comments that we receive 14, 1998, and published in the Federal by November 2, 1999. PART 955ÐVIDALIA ONIONS GROWN Register on August 21, 1998 (63 FR IN GEORGIA ADDRESSES: Please send your comment 44774–44776, Docket No. 98–083–2), we and three copies to: Docket No. 98–083– added a portion of Orange County, CA, 1. The authority citation for 7 CFR 6, Regulatory Analysis and to the list of quarantined areas. In a part 955 continues to read as follows: Development, PPD, APHIS, Suite third interim rule effective November Authority: 7 U.S.C. 601–674. 3C03,4700 River Road, Unit 118, 24, 1998, and published in the Federal Riverdale, MD 20737–1238. 2. A new Subpart—Rules and Please state that your comment refers Register on December 1, 1998 (63 FR Regulations is added preceding to Docket No. 98–083–6. 65999–66001, Docket No. 98–083–3), we § 955.101 to read as follows: You may read any comments that we added an area in Riverside and Orange Counties, CA, to the list of quarantined SubpartÐRules and Regulations receive on this docket in our reading room. The reading room is located in areas. In a fourth interim rule effective 3. A new § 955.113 is added to read room 1141 of the USDA South Building, June 1, 1999, and published in the as follows: 14th Street and Independence Avenue, Federal Register on June 7, 1999 (64 FR SW., Washington, DC. Normal reading 30213–30214, Docket No. 98–083–4), we § 955.113 Fiscal period. room hours are 8 a.m. to 4:30 p.m., removed a portion of San Diego County, Pursuant to § 955.13, fiscal period Monday through Friday, except CA, from the list of quarantined areas. shall mean the period beginning January holidays. To be sure someone is there to In a fifth interim rule effective August 1 and ending December 31 of each year, help you, please call (202) 690–2817 16, 1999, and published in the Federal except that the fiscal period that began before coming. Register on August 23, 1999 (64 FR on September 16, 1998, shall end on APHIS documents published in the 45859–45860, Docket No. 98–083–5), we December 31, 1999. Federal Register, and related removed a portion of Riverside and Dated: August 30, 1999. information, including the names of Orange Counties, CA, from the list of Robert C. Keeney organizations and individuals who have quarantined areas. Deputy Administrator, Fruit and Vegetable commented on APHIS rules, are We have determined, based on Programs. available on the Internet at http:// trapping surveys conducted by the [FR Doc. 99–23012 Filed 9–2–99; 8:45 am] www.aphis.usda.gov/ppd/rad/ Animal and Plant Health Inspection BILLING CODE 3410±02±P webrepor.html. Service (APHIS) and California State FOR FURTHER INFORMATION CONTACT: Mr. and county inspectors, that the Medfly Michael B. Stefan, Operations Officer, has been eradicated from the DEPARTMENT OF AGRICULTURE Invasive Species and Pest Management, quarantined area in Orange County, CA. PPQ, APHIS, 4700 River Road Unit 134, The last finding of Medfly thought to be Animal and Plant Health Inspection Riverdale, MD 20737–1236; (301) 734– Service associated with the infestation in that 8247. portion of Orange County, CA, was SUPPLEMENTARY INFORMATION: 7 CFR Part 301 October 27, 1998. Since that time, no [Docket No. 98±083±6] Background evidence of infestation has been found in this area. We are, therefore, removing The Mediterranean fruit fly, Ceratitis that portion of Orange County, CA, from Mediterranean Fruit Fly; Removal of capitata (Wiedemann), is one of the Quarantined Area world’s most destructive pests of the list of areas in § 301.78–3(c) numerous fruits and vegetables. The quarantined because of the Medfly. As AGENCY: Animal and Plant Health a result of this action, there are no Inspection Service, USDA. Mediterranean fruit fly (Medfly) can cause serious economic losses. Heavy longer any areas in the continental ACTION: Interim rule and request for United States quarantined because of comments. infestations can cause complete loss of crops, and losses of 25 to 50 percent are the Medfly. SUMMARY: We are amending the not uncommon. The short life cycle of Immediate Action Mediterranean fruit fly regulations by this pest permits the rapid development removing the quarantined area in of serious outbreaks. The Administrator of the Animal and Orange County, CA, from the list of The Mediterranean fruit fly Plant Health Inspection Service has quarantined areas. The quarantine was regulations (contained in 7 CFR 301.78 determined that there is good cause for necessary to prevent the spread of the through 301.78–10 and referred to publishing this interim rule without Mediterranean fruit fly to noninfested below as the regulations) restrict the prior opportunity for public comment. areas of the United States. We have movement of regulated articles from The portion of Orange County, CA,

VerDate 18-JUN-99 17:16 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\03SER1.XXX pfrm01 PsN: 03SER1 48246 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations affected by this document was operating in this area. We anticipate that Done in Washington, DC, this 27th day of quarantined to prevent the Medfly from the economic effect of lifting the August 1999. spreading to noninfested areas of the quarantine, though positive, will be no Bobby R. Acord, United States. Because the Medfly has more significant than was the minimal Acting Administrator, Animal and Plant been eradicated from this area, and effect of its imposition. Health Inspection Service. because the continued quarantined [FR Doc. 99–23011 Filed 9–2–99; 8:45 am] Under these circumstances, the status of that portion of Orange County, BILLING CODE 3410±34±P CA, would impose unnecessary Administrator of the Animal and Plant regulatory restrictions on the public, Health Inspection Service has immediate action is warranted to relieve determined that this action will not DEPARTMENT OF AGRICULTURE restrictions. have a significant economic impact on Because prior notice and other public a substantial number of small entities. Food and Nutrition Service procedures with respect to this action Executive Order 12372 are impracticable and contrary to the 7 CFR Parts 272 and 273 public interest under these conditions, This program/activity is listed in the [Amt. No. 379] we find good cause under 5 U.S.C. 553 Catalog of Federal Domestic Assistance to make this action effective less than 30 under No. 10.025 and is subject to RIN Number: 0584±AC63 days after publication in the Federal Executive Order 12372, which requires Register. We will consider comments intergovernmental consultation with Food Stamp Program: Food Stamp that are received within 60 days of State and local officials. (See 7 CFR part Provisions of the Balanced Budget Act publication of this rule in the Federal 3015, subpart V.) of 1997 Register. After the comment period closes, we will publish another Executive Order 12988 AGENCY: Food and Nutrition Service, document in the Federal Register. The USDA. This rule has been reviewed under document will include a discussion of ACTION: Interim rule. any comments we receive and any Executive Order 12988, Civil Justice amendments we are making to the rule Reform. This rule: (1) Preempts all State SUMMARY: This rule will implement two as a result of the comments. and local laws and regulations that are food stamp provisions of the Balanced inconsistent with this rule; (2) has no Executive Order 12866 and Regulatory Budget Act of 1997. The first provision Flexibility Act retroactive effect; and (3) does not provides State agencies the authority to require administrative proceedings exempt from the food stamp time-limit This rule has been reviewed under before parties may file suit in court at section 6(o)(2) of the Food Stamp Act Executive Order 12866. For this action, challenging this rule. of 1977 up to 15 percent of the State’s the Office of Management and Budget caseload that is subject to the has waived its review process required Paperwork Reduction Act requirement. The second provision by Executive Order 12866. This rule contains no information provides additional funding for This interim rule amends the Medfly administration of Food Stamp regulations by removing a portion of collection or recordkeeping requirements under the Paperwork Employment and Training programs. Orange County, CA, from quarantine for These two provisions enhance State Reduction Act of 1995 (44 U.S.C. 3501 Medfly. This action affects the interstate flexibility in exempting portions of a et seq.). movement of regulated articles from this State agency’s caseload from the food area. We estimate that there are 77 List of Subjects in 7 CFR Part 301 stamp time limit and increase entities in the quarantined area of significantly the funding available to Orange County, CA, that sell, process, Agricultural commodities, Plant create work opportunities for recipients handle, or move regulated articles; this diseases and pests, Quarantine, that are subject to the time limit. estimate includes 55 fruit sellers, 12 Reporting and recordkeeping DATES: This rule is effective November growers, and 10 nurseries. The number requirements, Transportation. of these entities that meet the U.S. Small 2, 1999. Comments must be received by Business Administration’s (SBA) Accordingly, we are amending 7 CFR November 2, 1999, in order to be definition of a small entity is unknown, part 301 as follows: assured of consideration. since the information needed to make ADDRESSES: Comments concerning this that determination (i.e., each entity’s PART 301ÐDOMESTIC QUARANTINE interim rule should be submitted to gross receipts or number of employees) NOTICES John Knaus, Branch Chief, Program is not currently available. However, it is Development Division, Food Stamp reasonable to assume that most of the 77 1. The authority citation for part 301 Program, Food and Nutrition Service, entities are small in size, since the continues to read as follows: USDA, 3101 Park Center Drive, overwhelming majority of businesses in Authority: 7 U.S.C. 147a, 150bb, 150dd, Alexandria, Virginia 22302; telephone: California, as well as the rest of the 150ee, 150ff, 161, 162, and 164–167; 7 CFR (703) 305–2519. Comments may also be United States, are small entities by SBA 2.22, 2.80, and 371.2(c). datafaxed to the attention of Mr. Knaus standards. at (703) 305–2486 or sent electronically The effect of this action on small 2. In § 301.78–3, paragraph (c) is through the internet to: entities should be minimally positive, as revised to read as follows: [email protected]. All written comments will be open for they will no longer be required to treat § 301.78±3 Quarantined areas. articles to be moved interstate for public inspection at the office of the Medfly. * * * * * Food and Nutrition Service during Therefore, termination of the (c) There are no areas in the regular business hours (8:30 a.m. to 5 quarantine of that portion of Orange continental United States quarantined p.m., Monday through Friday) at 3101 County, CA, should have a minimal because of the Mediterranean fruit fly. Park Center Drive, Alexandria, Virginia, economic effect on the small entities 22302, Room 720.

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FOR FURTHER INFORMATION CONTACT: sector. Under section 202 of UMRA, the collection of information and requesting Questions regarding this interim Department generally must prepare a comments. FNS received no comments rulemaking should be addressed to John written statement, including a cost from the general public or other public Knaus, Branch Chief, at the above benefit analysis, for proposed and final agencies about the information address or by telephone at (703) 305– rules with ‘‘Federal mandates’’ that may collection. 2519. result in expenditures to State, local, or On September 23, 1998, FNS received SUPPLEMENTARY INFORMATION: tribal governments, in the aggregate, or an extension of OMB’s approval of the to the private sector, of $100 million or revised burden estimate for the FNS– Executive Order 12866 more in any one year. When such a 583 through September 30, 2001. This interim rule has been determined statement is needed for a rule, section to be economically significant under 205 of the UMRA generally requires the Public Participation and Effective Date Executive Order 12866 and Major under Department to identify and consider a The amendments to sections 6(o) and Public Law 104–121, and was reviewed reasonable number of regulatory 16(h) of the Food Stamp Act of 1977 by the Office of Management and alternatives and adopt the least costly, (Food Stamp Act) which are reflected in Budget. more cost-effective or least burdensome this rule were enacted on August 5, alternative that achieves the objectives 1997, as sections 1001 and 1002, Executive Order 12372 of the rule. respectively, of the Balanced Budget The Food Stamp Program is listed in This rule contains no Federal Act, Title I, Pub. L. 105–33. The the Catalog of Federal Domestic mandates (under the regulatory amendments were effective October 1, Assistance under No. 10.551. For the provisions of Title II of the UMRA) 1997. Section 1005 of the Balanced reasons set forth in the final rule in 7 which impose costs on State, local, or Budget Act required that regulations CFR part 3015, subpart V and related tribal governments or to the private implementing sections 1001 and 1002 of Notice (48 FR 29115, June 24, 1983), sector of $100 million or more in any the Act be promulgated no later than this Program is excluded from the scope one year. Thus this rule is not subject one year after the date of enactment of of Executive Order 12372 which to the requirements of section 202 and the amendments to the Food Stamp Act. requires intergovernmental consultation 205 of the UMRA. In order to meet the requirement of with State and local officials. Paperwork Reduction Act section 1005 of the Balanced Budget Regulatory Flexibility Act Act, Shirley Watkins, Under Secretary This interim rule contains for Food, Nutrition and Consumer This action has been reviewed with information collections which are Services, has determined, pursuant to 5 regard to the requirements of the subject to review by the Office of U.S.C. 533(b)(3)(B), that public Regulatory Flexibility Act of 1980 (5 Management and Budget (OMB) under comment on this rule prior to the Paperwork Reduction Act of 1995 U.S.C. 601–612). Shirley Watkins, implementation is impracticable and (Pub. L. 104–13) (44 U.S.C. 3507). Under Secretary for Food, Nutrition and that good cause exists for making this The reporting and recordkeeping Consumer Services has certified that rule effective less than 30 days after its this action will not have a significant burdens associated with the 15 percent exemption and the increased funding publication. However, because we economic impact on a substantial believe that administration of the rule number of small entities. State welfare for State food stamp employment and training programs authorized by the may be improved by public comment, agencies and political subdivisions will comments are solicited on this rule for be affected to the extent they must Balanced Budget Act of 1997 (Balanced Budget Act) and addressed in this rule 60 days after publication. All comments implement the provisions described in received within the comment period this action. necessitated a revision to a previously approved information collection will be analyzed, and any appropriate Executive Order 12988 activity, the Employment and Training changes will be incorporated in the subsequent publication of a final rule. This interim rulemaking has been Program Report (FNS–583), approved reviewed under Executive Order 12988, under OMB No. 0584–0339. Because the Regulatory Impact Analysis Civil Justice Reform. This rule is Balanced Budget Act mandated Need for Action intended to have preemptive effect with implementation of the food stamp respect to any State or local laws, provisions addressed in this rule This action is needed to implement regulations or policies which conflict effective October 1, 1997, without section 1005 of the Balanced Budget with its provisions or which would regard as to whether regulations were Act. That section requires the Secretary otherwise impede its full promulgated to implement them, FNS of Agriculture to promulgate regulations implementation. This rule is not submitted an emergency request to OMB implementing the amendments made to intended to have retroactive effect on February 17, 1998, to revise the the Act by Title I of the Balanced Budget unless so specified in the ‘‘Effective information collection for the FNS–583 Act. form to reflect the requirements of the Date’’ paragraph of this preamble. Prior Benefits to any judicial challenge to the statute. FNS estimated the total annual provisions of this rule or the application burden hours associated with the The provisions of this rule will of its provisions all applicable revised FNS–583 to be 195,363 hours— provide State agencies the ability to administrative procedures must be 182,643 hours for the work registration exempt from the time limits at section exhausted. process, 2,762 hours for the 15 percent 6(o)(2) of the Food Stamp Act (7 U.S.C. ABAWD exemption, and 9,958 hours for 2015(o)(2)) an additional 15 percent of Unfunded Mandate Analysis the E&T funding requirements. OMB the State’s caseload subject to the Title II of the Unfunded Mandate approved the burden estimate for the requirement. It will also increase Reform Act of 1995 (UMRA), Pub. L. revised form for six months, with an significantly the funding available to 104–4, establishes requirements for expiration date of August 31, 1998. State agencies to create work Federal agencies to assess the effects of On April 27, 1998, FNS issued a opportunities for recipients subject to their regulatory actions on State, local, notice in the Federal Register (63 FR the time limit. Together the provisions, and tribal governments and the private 20567) describing in detail the revised to the extent that they are fully

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.150 pfrm03 PsN: 03SER1 48248 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations implemented by the States, will permit State that he/she is no longer working. regarding the 15 percent exemptions an estimated 84,000 recipients a month It should be emphasized that PRWORA into § 273.24. All the PRWORA who are subject to the time limit at provides an individual the opportunity provisions regarding ABAWDs and the section 6(o)(2) of the Food Stamp Act to to receive a maximum of 6 months of time limit will be incorporated into continue to receive Food Stamp food stamps in a 3-year period without § 273.24 once the proposed rule Program benefits. Of these recipients, meeting the work requirement, if the implementing those provisions is 64,000 will be exempted under the 15 two 3-month periods are interrupted by finalized. percent waiver authority, with an a period of work. The Food Stamp Act, as amended by Determining How To Use the additional 20,000 able to meet the work Exemptions requirement and thus retain eligibility PRWORA, allows waivers of the time due to the expanded E&T funding. limit for groups of individuals living in The Balanced Budget Act provides areas with an unemployment rate of that State agencies may allow an Costs more than 10 percent or where there are exemption from the time limits of The amendments made by this rule not a ‘‘sufficient number of jobs to section 6(o) of the Food Stamp Act of up will increase Food Stamp Program provide employment for the to 15 percent of covered individuals. expenditures by $1.4 billion over the individuals.’’ 7 U.S.C. 2015(o)(4)(A)(ii). The law does not prescribe how the next five years. Subsequent to the enactment of State agencies shall use the exemption PRWORA, the President signed the authority. FNS recognizes that there are Background Balanced Budget Act. Section 1001 of many ways a State agency may want to On August 5, 1997, the President the Balanced Budget Act amended use the exemption authority. A State signed Public Law 105–33, the Balanced section 6(o) of the Food Stamp Act to agency can, for example, exempt Budget Act of 1997. The Balanced allow State agencies to provide an individuals pursuing their General Budget Act includes several provisions exemption from the PRWORA-imposed Equivalency Diploma (GED), that affect the Food Stamp Program. time limits of section 6(o) of the Food individuals residing in the balance of a This rule implements two provisions of Stamp Act for up to 15 percent of county when only a partial county the Balanced Budget Act. The first covered individuals. ‘‘Covered received a waiver under section 6(o)(4) provision provides State agencies the individuals,’’ as defined in section of the Food Stamp Act, or individuals authority to exempt from the time limit 6(o)(6)(ii), are those ABAWDs who are in an area that is geographically remote at section 6(o)(2) of the Food Stamp Act not: excepted under paragraph 6(o)(3) of from the State’s workfare sites. States up to 15 percent of the State’s caseload the Food Stamp Act, covered by a could also use the exemptions to extend subject to the requirement. The second waiver, complying with the work for a certain time the eligibility of provision provides additional funding requirement, or in their first or second individuals who have exhausted the for administration of Food Stamp three months of eligibility. Section 1001 time limit. Therefore, FNS will not be Program Employment and Training of the Balanced Budget Act gives the prescribing categories or geographic (E&T) programs. Secretary the authority to estimate for areas for which these exemptions must Fiscal Year (FY) 1998 the number of be used. Instead FNS will allow State 15 Percent Exemption covered individuals in the State based agencies maximum flexibility regarding Background on FY 1996 Quality Control data and the 15 percent exemption authority. other factors the Secretary considers State agencies may apply the On August 22, 1996 the President appropriate due to the timing and the exemptions as they deem appropriate. signed the Personal Responsibility and limitations of the data. It provides that At the same time FNS would like to Work Opportunity Reconciliation Act of beginning in FY 1999, the number of remind State agencies that along with 1996 (PRWORA) (Pub. L. 104–193). exemptions will be adjusted to reflect the flexibility they are afforded in terms Section 824 of the PRWORA amended changes in (1) the State’s entire caseload of determining the exemption criteria section 6(o) of the Food Stamp Act to and (2) changes in the proportion of the comes the responsibility for developing provide that able-bodied adults without State’s food stamp caseload covered by exemption policies that comport with dependents (ABAWDs) can only receive the ABAWD-related waivers. Section their number of exemptions. A State food stamps for 3 months in 3 years 1001 of the Balanced Budget Act also agency should maximize the number of unless they are working, participating in amended the Food Stamp Act to require exemptions without exceeding the a work program 20 hours per week, or that the Food and Nutrition Service number of exemptions allocated for the participating in a workfare program. It (FNS) adjust the number of exemptions year. exempts individuals from the time limit assigned for a current fiscal year based Covered Individuals if they are under 18 or over 50, on the actual number of exemptions medically certified as physically or granted by the State agency in the Section 1001 of the Balanced Budget mentally unfit for employment, a parent preceding year. Finally, it gives FNS the Act amended section 6(o)(6)(ii) of the or other household member with authority to require whatever State Food Stamp Act to provide that a State responsibility for a dependent child, reports it deems necessary to ensure agency may provide an exemption from exempt from work registration under compliance with the 15 percent the time limits of section 6(o) for 6(d)(2) of the Act, or pregnant. It exemption provisions. FNS has no covered individuals. The Balanced provides that individuals can regain discretion in implementing this Budget Act defined ‘‘covered eligibility if they work 80 hours in a 30 provision. individuals’’ as those ABAWDs who are day period. Individuals maintain Because there are many requirements not: excepted under paragraph 6(o)(3) of eligibility as long as they are satisfying of the PRWORA and the Balanced the Food Stamp Act, covered by a the work requirement. If the individual Budget Act which apply only to waiver under 6(o)(4) of the Food Stamp later loses the job, he/she can receive an ABAWDs and the time limit, FNS is Act, complying with the work additional 3 months of food stamps creating a new regulatory section, requirement of 6(o)(2) of the Food while not working. The additional 3 § 273.24 in this interim rule. This Stamp Act, or in their first or second months must be consecutive and begins interim rule will incorporate the three months of eligibility. FNS would on the date the individual notifies the Balanced Budget Act provisions like to clarify that it is up to the State

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For example, a State agency number of covered individuals in FY Section 1001 of the Balanced Budget may exempt every ABAWD who resides 1996 (before the ABAWD time limits Act also amended section 6(o) of the in the part of a county that was not took effect) and, therefore, was likely Food Stamp Act to provide that the already waived under 6(o)(4) regardless greater than 15 percent of the number of Secretary shall adjust the estimated of whether or not they have exhausted covered individuals in areas that have number of covered individuals allocated their first and second three months. implemented the time limits. for a State during a fiscal year if the However, a State agency may determine number of actual food stamp recipients that the best way to manage their finite Subsequent Fiscal Years in the State varies by more than 10 percent, as determined by the Secretary, number of 15 percent exemptions is to Determining the Number of Exemptions require individuals to exhaust their first from the State’s average caseload for the and second three months before The Balanced Budget Act amended 12-month period preceding June 30 (7 receiving an exemption under this section 6(o) of the Food Stamp Act by U.S.C. 2015(o)(6)(E)). FNS would like to provision. adding paragraph (6)(D) (7 U.S.C. clarify that the adjustment will be based 2015(o)(6)(D)) to provide that for FY on the entire caseload and not just the Arriving at the By-State Numbers of 1999 and subsequent fiscal years, a State ABAWD caseload. FNS will make only Exemptions for FY 1998 agency may exempt up to 15 percent of one adjustment a year. If an adjustment The Balanced Budget Act also their unwaived, unemployed, childless is necessary, FNS shall advise the State amended section 6(o) of the Food Stamp able-bodied population from the three- agencies during the third quarter of each Act to provide in paragraph (6)(C) that month time limit. The number of fiscal year. for FY 1998, a State agency may provide exemptions allotted each State will Reporting a number of exemptions such that the reflect changes in the State’s caseload Finally, the Balanced Budget Act average monthly number of exemptions and the proportion of food stamp amended section 6(o) of the Food Stamp in effect during the fiscal year does not recipients covered by waivers granted Act by adding paragraph (6)(G) to exceed 15 percent of the number of under paragraph 6(o)(4) of the Food provide that the State agency shall covered individuals in the State in FY Stamp Act. FNS would like to clarify submit such reports to the Secretary as 1998, as estimated by the Secretary, that the amendment to section 6(o) of the Secretary determines are necessary based on the FY 1996 Quality Control the Food Stamp Act made by section to ensure compliance with this (QC) data and other factors the Secretary 1001 of the Balanced Budget Act provision. In order to monitor State’s considers appropriate due to the timing requires that the adjustments be based use of the exemptions and to provide and limitations of the survey. on changes in States’ entire caseloads assistance if necessary, FNS has In a memorandum dated September 4, and not just ABAWD caseloads as determined that the State agency shall 1997, FNS advised the State agencies stipulated in the Balanced Budget Act track and report the number of cases what their average number of monthly definition of caseload. exemptions were for FY 1998. To arrive exempt under the 15 percent criteria. at the number of covered individuals for Adjusting the Exemptions Based on the State agencies shall track the each State, FNS began with the entire Previous Year’s Use exemptions any way they deem FY 96 QC data file, and then made appropriate. State agencies shall report The Balanced Budget Act also the numbers to the FNS regional offices adjustments by: amended section 6(o) of the Food Stamp • Excluding recipients exempted on a quarterly basis on the employment Act, again in paragraph (6)(D), to from the ABAWD provisions and training report (Form FNS–583), as • Excluding to the extent possible provide that for FY 1999 and each provided for in § 273.7(c)(6). subsequent fiscal year, the Secretary those non-citizens made ineligible for Quality Control Issues food stamps after August 22, 1997 shall increase or decrease the number of • Excluding the number of recipients individuals who may be granted an Since State agencies have complete who were complying with the work exemption by a State agency to the discretion in determining which requirements extent that the average monthly number recipients will receive exemptions, FNS • Excluding to the extent possible of exemptions in effect in the State for will not be proscribing categories or those people who were at the time in the preceding fiscal year is different geographic areas. Therefore, QC will not their initial first three months of than the average monthly number of evaluate States’ actual exemption eligibility exemptions estimated for the State decisions against the exemption criteria • Adjusting this data to reflect the agency for the preceding fiscal year. they have adopted under the 15 percent actual change in each State’s caseload Therefore, if this level of exemptions is criteria. However, in order to between FY 96 and FY 97 and the not used by the end of the fiscal year, distinguish cases that are exempt under expected national caseload change the State may carry over the balance. If the 15 percent criteria from cases that between FY 97 and FY 98, and more exemptions are used than are exempt under section 6(o) of the • Excluding those individuals living authorized in a fiscal year, the State’s Food Stamp Act, covered by a waiver, in waived areas. allocation for the next year will be or fulfilling the work requirement To arrive at 15 percent of the covered reduced. Final information to make (which will be evaluated by QC), State individuals, FNS multiplied the number these adjustments will not be available agencies need to clearly identify those of covered individuals for each State by until after the start of each fiscal year. cases that are exempt under the 15 15 percent. Therefore, based on preliminary percent criteria. For example, a State Based on this methodology, FNS information, FNS will provide the State agency decides to exempt everyone over authorized for FY 1998 approximately agencies with their average monthly the age of 45. QC pulls a case where the 64,000 average monthly exemptions for number of exemptions prior to the start State agency exempted someone who is ABAWDs nationwide and made of each fiscal year, and will make 43. Even though the State agency

VerDate 18-JUN-99 17:16 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\03SER1.XXX pfrm01 PsN: 03SER1 48250 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations exempted someone under 45, the case of PRWORA amended section 16(h)(1) Act who (A) do not reside in an area of would not be in error because the State of the Food Stamp Act to provide $405 the State granted a waiver to the work agency can use the 15 percent million in 100 percent Federal E&T requirement under section 6(o)(4) of the exemption anyway it chooses. To avoid funding for FYs 1998 through 2002. The Food Stamp Act, or (B) do reside in an an error, however, the State agency must Balanced Budget Act further amended area of the State granted a waiver to the have documented in the casefile that the section 16(h)(1) of the Food Stamp Act work requirement under section 6(o)(4) person was exempted under the 15 to increase that amount by $599 million. of the Food Stamp Act if the State percent criteria. It also amended section 16(h)(1) of the agency provides E&T services in the Food Stamp Act to require that all 100 area to food stamp recipients who are Additional Funding for Food Stamp percent Federal E&T funding remain subject to the work requirement. This Employment and Training Programs available to FNS to allocate to States rulemaking amends food stamp Background until expended. regulations at § 273.2(d)(1)(i)(C) to Whereas all State agencies are eligible describe the new procedures for Current Food Stamp Program to receive some percentage of the 100 allocating Federal E&T grants. regulations at section 273.7(d) contain percent Federal E&T funding provided Section 1002 of the Balanced Budget rules governing State agency use of under PRWORA, section 1002 of the Act further amended section 16(h) of the Federal E&T grants. Current regulations Balanced Budget Act further amended Food Stamp Act to require that, for require FNS to allocate an annual section 16(h)(1) to require that for a purposes of determining each State’s Federal E&T grant to State agencies State agency to receive an allocation of allocation of the Federal E&T grant in a based on the number of work registrants the additional or ‘‘supplemental’’ fiscal year, FNS estimate the portion of in each State compared to the number funding provided under that Act, the food stamp recipients residing in each of work registrants nationwide. The State agency must maintain its level of State who are not eligible for an grant is 100 percent Federally funded expenditure of State funds on E&T and exception under section 6(o)(3) of the and requires no State match. Under optional workfare programs at a level Food Stamp Act using the 1996 QC current regulations, each State agency that is not less than the level of State survey data. This rulemaking amends must receive at least $50,000 in 100 agency expenditures on such programs food stamp regulations at percent Federal funds. State agencies in FY 1996. Therefore, only State § 273.2(d)(1)(i)(D) to incorporate this are required to use their E&T grants to agencies that choose to meet this requirement. fund the administrative costs of maintenance of effort requirement are In accordance with the requirements planning, implementing and operating eligible to receive a portion of the of the Balanced Budget Act, FNS used E&T programs. FNS pays 50 percent of supplemental Federal E&T funding the following three-step process to all other administrative costs above provided by the Balanced Budget Act. determine each State’s allocation of those covered by the 100 percent The Balanced Budget Act’s maintenance Federal E&T funds in FY 1998: Federal grant that State agencies incur of effort requirement is discussed in 1. Determine Population Not Excepted in operating their E&T programs. greater detail below. from Work Requirement. FNS estimated Section 1002 of the Balanced Budget the portion of food stamp recipients Act provided an additional $599 million Allocation of E&T Grants residing in each State who are not over five years in 100 percent Federal Current regulations at eligible for an exception under section funding for the operation of the E&T § 273.7(d)(1)(i)(A) require that 6(o)(3) of the Food Stamp Act to the programs. It also amended section nonperformanced-based, 100 percent work requirement at section 6(o)(2) of 16(h)(1) of the Food Stamp Act (7 U.S.C. Federal E&T funding be allocated among that Act using the 1996 QC survey data. 2025(h)(1)), to require that all 100 States based on the number of work 2. Adjust for Expected Caseload percent Federal E&T funding remain registrants in each State relative to the Changes. FNS determined the actual available to FNS to allocate to States total number of work registrants changes in each State’s caseload until expended. nationwide. In order to target Federal between FY 96 and FY 97 and the The apparent intent behind the E&T funding toward serving recipients expected change in national caseload additional E&T funding provided by the subject to the time limit at section between FY 97 and FY 98. These Balanced Budget Act is to enable State 6(o)(2) of the Food Stamp Act, the adjustments provided a caseload agencies to provide additional work Balanced Budget Act amended section adjustment percentage for each State opportunities for individuals subject to 16(h)(1) of the Food Stamp Act to that FNS used to modify the FY 96 QC the 3-month Food Stamp Program time require that in FY 1998 E&T grants be data to represent, as closely as possible, limit discussed in the first section of allocated among States based on (1) the population in each State in FY 98 this preamble. By providing State changes in each State’s caseload that is not eligible for an exception agencies with the resources to create (defined as the average monthly number under section 6(o)(3) of the Food Stamp more work opportunities, the of individuals receiving food stamps Act. supplemental funding will help insure during the 12-month period ending the 3. Determine the State-By-State that it is only those individuals who preceding June 30); and (2) each State’s Allocation of the 100 percent Federal deliberately choose not to satisfy the portion of food stamp recipients who E&T Grant. FNS established the program’s work requirements who lose are not eligible for an exception under percentage basis for the E&T allocation their eligibility and not those who are section 6(o)(3) of the Food Stamp Act to by dividing each State’s estimated FY 98 willing to work but cannot find the work requirement at section 6(o)(2). population of recipients not eligible for opportunities to do so. The Balanced Budget Act further an exception under section 6(o)(3) of the amended section 16(h) to require that in Food Stamp Act by the national Increased Funding Levels FYs 1999 through 2002, E&T grants be estimate of that population in FY 98. Section 1002 of the Balanced Budget allocated to States based on (1) changes FNS then multiplied the resulting Act significantly increased the amount in each State’s caseload; and (2) each percentage by both the base Federal E&T of 100 percent Federal funding available State’s portion of food stamp recipients appropriation of $81 million provided to State agencies for the operation of who are not eligible for an exception under PRWORA and the supplemental Food Stamp E&T programs. Section 817 under section 6(o)(3) of the Food Stamp appropriation of $131 million provided

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.153 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48251 under the Balanced Budget Act to Food Stamp Program regulations at its allocation permitted to be used for determine each State’s share of base and § 273.2(d)(1)(i)(F) to incorporate this unrestricted E&T activities, it would be supplemental E&T funds. All State requirement. required to expend all of the amount agencies were eligible for the base allocated to it in order to meet the 80 Use of Funds allocation. To receive a supplemental percent requirement. However, because allocation, a State agency must meet its The Balanced Budget Act amended nothing in the Balanced Budget Act maintenance of effort requirement as section 16(h)(1)(E) of the Food Stamp specifies that 80 percent of the funds described below. Act to require that at least 80 percent of which are restricted to serving ABAWDs To determine each State agency’s the 100 percent Federal E&T grant a in qualifying activities must be allocation of 100 percent Federal E&T State agency receives in a fiscal year, expended before a State agency may funds in FYs 1999 through 2002, FNS including both the base allocation for expend any of the 20 percent which will follow the same three-step which each State agency is eligible and may be used for other E&T purposes, the procedure as described above, except the supplemental allocation available Department is permitting State agencies that in estimating the number of only to State agencies that choose to to spend the 20 percent of their E&T recipients in each State not eligible for meet their maintenance of effort allocations that are available for non- an exception under section 6(o)(3) of the requirement, be earmarked to serve food ABAWD activities independent of Food Stamp Act, FNS will adjust FY 96 stamp recipients who are not eligible for whether they spend any of the 80 QC data by eliminating recipients an exception under section 6(o)(3) of the percent of their E&T grants that are eligible for an exception under section Food Stamp Act and who are placed in earmarked for ABAWDs. This 6(o)(3) who reside in an area of the State and comply with either a workfare interpretation of Section 1002 of the granted a waiver to the work program that meets the requirements of Balanced Budget Act will significantly requirement under section 6(o)(4) of the section 20 of the Food Stamp Act, 7 increase State flexibility in operating Food Stamp Act except if the State U.S.C. 2029, or a comparable program their E&T programs. agency provides E&T services in the established by a State or political State agencies, therefore, are not area to food stamp recipients who are subdivision of a State, or a work required to utilize all or any of the 80 subject to the work requirement. (FNS program for 20 hours or more per week. percent of their 100 percent E&T grant estimates that 30 out of the 39 State The 80 percent use of funds requirement earmarked to serve participants subject agencies which had waivers under applies to any grant of 100 percent to the work requirement but may section 6(o)(4) in April 1998 provided Federal E&T funds a State receives in a operate their E&T programs utilizing E&T services in at least some of the fiscal year, including both the initial only the 20 percent of their grant waived areas). FNS will also adjust QC grant received by a State at the available to serve non-ABAWDs and to data to reflect caseload changes for the beginning of a fiscal year and any grant be spent on non-qualifying activities. If appropriate fiscal years. composed of reallocated funding which a State agency chooses not to spend Current regulations at a State receives during a fiscal year. some or any of the 80 percent of its E&T § 273.7(d)(1)(i)(B) require that each State State funds, including State monies grant earmarked for ABAWDs and agency receive at a minimum $50,000 in expended to satisfy a State agency’s ABAWD qualifying activities, however, 100 percent Federal E&T funding a year. maintenance of effort requirement as FNS may reallocate the unexpended The Balanced Budget Act left this described in the next section, are not funds to other State agencies as it requirement unchanged. In order to subject to the requirement. considers appropriate and equitable in ensure that each State agency receives a The remaining 20 percent of a State’s accordance with regulations at minimum allocation of $50,000, FNS 100 percent Federal E&T grant may be § 273.2(d)(1)(i)(F). shall reduce the grant of each State used to provide work activities for food If a State agency spends more than 20 agency that is allocated to receive more stamp recipients who are eligible for an percent of the 100 percent E&T grant it than $50,000, if necessary, exception under section 6(o)(3) of the receives for a fiscal year to provide work proportionate to the number of food Food Stamp Act, or on work activities activities for food stamp recipients stamp recipients not eligible for an that do not qualify either as work or eligible for an exception under section exception under section 6(o)(3) of the workfare programs under sections 6(o)(3) of the Act, or on activities that Food Stamp Act that reside in the State 6(o)(2)(B) and (C) of the Food Stamp do not qualify either as work or as compared to the total number of such Act, such as job search or job search workfare programs under sections recipients in all the State agencies training programs for any food stamp 6(o)(2)(B) and (C) of the Food Stamp receiving more than $50,000. The funds recipient. Act, the allowable costs incurred that from the reduction shall be distributed Although the language of section 1002 are in excess of the 20 percent threshold to State agencies initially allocated to of the Balanced Budget Act which will be reimbursed at the normal receive less than $50,000 so that they amends section 16(h)(1)(E) of the Food administrative 50–50 match rate. receive the $50,000 minimum. This Stamp Act might be interpreted as One hundred percent E&T funds that rulemaking amends Food Stamp requiring that a specified dollar amount a State expends on ABAWDs who reside Program regulations at § 273.2(d)(1)(i)(E) (not less than 80 percent of the funds in an area of a State granted a waiver to incorporate this requirement. actually received by a given State under section 6(o)(4) of the Food Stamp Current regulations at agency) must be expended by the State Act or on ABAWDs who have been § 273.7(d)(1)(i)(D) provide that FNS may agency to serve ABAWDs in qualifying granted an exemption under section reallocate unexpended 100 percent activities, such an interpretation would 6(o)(6) of the Act will count toward the Federal E&T grants during a fiscal year necessitate an accounting of each dollar 80 percent expenditure requirement so if a State agency will not expend all of expended by a State so that no less than long as the funds are spent creating its E&T grant. The Balanced Budget Act 80 cents could be used to serve activities that meet the requirements of contains the same requirement except it ABAWDs in qualifying activities and, sections 6(o)(2)(B) and (C). provides FNS the authority to reallocate conversely, not more than 20 cents This rulemaking amends food stamp unexpended funds in the fiscal year that could be expended for other allowable regulations to add a new section that those funds are allocated or the next E&T costs. In addition, if a State agency contains the requirements for State fiscal year. This rulemaking amends wished to expend the full 20 percent of agency use of Federal 100 percent E&T

VerDate 18-JUN-99 17:16 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\03SER1.XXX pfrm01 PsN: 03SER1 48252 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations funding established by the Balanced regulations at § 273.7(d)(1)(ii)(A) define that at least 80 percent of a State Budget Act. The new section will be a qualifying work program as one agency’s E&T grant be earmarked to designated § 273.7(d)(1)(ii) and titled operated under the JTPA or, after July 1, serve individuals subject to the work ‘‘Use of funds.’’ Former § 273.7(d)(1)(ii), 2000, one that was previously operated requirement at section 6(o)(2) of the which contained requirements for under the JTPA that is now operated Food Stamp Act and to operate reimbursements for E&T program under the WIA, a program under section activities that meet the requirements of participants, will be redesignated 236 of the Trade Act of 1974, or an E&T sections (6)(o)(2)(B) and (C). § 273.7(d)(1)(v) and remain unchanged program operated or supervised by the State agencies may not count except for changes to several cite State or a political subdivision that participant reimbursements as part of references. meets standards approved by the their maintenance of effort expenditure, Regulations currently contained at Governor of the State, other than a job as this is prohibited under section § 273.7(d)(1)(i)(E), (F), and (G), list search or job search training program. 16(h)(3) of the Food Stamp Act. The additional requirements for use of only exception is in the case of optional Federal 100 percent E&T funds. Current Maintenance of Effort workfare programs in which regulations at § 273.7(d)(1)(i)(E) require Section 1002 of the Balanced Budget reimbursements to participants for that Federal 100 percent E&T grants be Act also amended section 16(h)(1)(F) of work-related expenses are counted as used only for the purposes of funding the Food Stamp Act to require that, in part of the State agency’s administrative the administrative costs of planning, order for a State agency to receive its expenses. The only State agencies that implementing, and operating E&T portion of the supplemental E&T funds operated optional workfare programs in programs and not for funding other allocated under the Balanced Budget FY 96 were Florida, North Carolina, activities, such as work registration or Act in any fiscal year, that State agency Wisconsin, Arkansas, and Colorado. sanctioning activities. Current must spend in that fiscal year at least They are the only State agencies that regulations at § 273.7(d)(1)(i)(F) require the same amount of State funds it spent may apply this exception. that State agencies have an E&T plan in FY 96 to administer E&T and the This rulemaking amends food stamp approved by FNS prior to receiving any optional workfare program (if one was regulations to add a new section that Federal 100 percent E&T funding. available). contains the maintenance of effort Current regulations at § 273.7(d)(1)(i)(G) State agencies are required to meet the requirements established by the prohibit State agencies from using maintenance of effort requirement only Balanced Budget Act. The new section Federal 100 percent E&T funding to if they wish to spend some or all of the will be designated § 273.7(d)(1)(iii) and supplant nonfederal funds for existing supplemental E&T allocation provided titled ‘‘Maintenance of Effort.’’ Former educational services and activities that under the Balanced Budget Act. State § 273.7(d)(1)(iii), which provided for a are part of allowable E&T components. agencies that chose not to utilize any of 50 percent Federal match for This rulemaking makes no changes to the supplemental allocation for which administrative costs incurred by State the content of any of the three they are eligible are not required to agencies in operating E&T programs, provisions but moves them all to revised satisfy the maintenance of effort will be redesignated § 273.7(d)(1)(vi). requirement. If a State agency chooses § 273.7(d)(1)(ii) in order that all Component Costs requirements concerning use of Federal not to meet its maintenance of effort 100 percent E&T funds may be in the requirement, the supplemental Section 1002 of the Balanced Budget same location. Current regulations at allocation for which it was eligible will Act amended section 16(h)(1) of the § 273.7(d)(1)(i)(E), (F), and (G) will be be reallocated to other States in Food Stamp Act to require FNS to redesignated as § 273.7(d)(1)(ii)(E), (F), accordance with regulations at monitor State expenditures of 100 and (G), respectively. § 273.7(d)(1)(i)(F). percent Federal E&T funding, including As noted above, section 824 of the In order to increase State flexibility in the costs of individual components of PRWORA amended section 6(o) of the operating E&T programs, FNS is not State E&T programs. The Balanced Food Stamp Act to provide that requiring State agencies to expend all of Budget Act also provided FNS the ABAWDs can only receive food stamps their required maintenance of effort discretion to set reimbursable costs for for 3 months in 3 years unless they are funds before they begin spending their individual components of State E&T working, participating in a workfare supplemental E&T grants. Instead, FNS programs, making sure that the amount program, or participating in a work is requiring those State agencies which spent or planned to be spent on the program for 20 hours or more per week. plan to spend the supplemental components reflect the reasonable cost Section 824 defined a work program as allocation for which they are eligible in of efficiently and economically a program operated under the Job a fiscal year to provide in their annual providing components appropriate to Training Partnership Act (JTPA), a State E&T plans good faith assurance recipients’ employment and training program under section 236 of the Trade that they will meet their maintenance of needs. Act of 1974, or an E&T program effort requirement. This rulemaking FNS has determined that setting operated or supervised by the State or amends E&T State plan requirements at reimbursement rates for E&T activities is a political subdivision that meets § 273.7(c)(4)(ii) to add this requirement. necessary to promote the intent of the standards approved by the Governor of At the end of each fiscal year, FNS will increased E&T funding, which was to the State, other than a job search or job review State expenditures for operating create a sufficient number of work search training program. On August 7, food stamp E&T programs to ensure that opportunities so that as many food 1998, President Clinton signed the State agencies which noted in their E&T stamp recipients as possible who are Workforce Investment Act of 1998 plans that they intended to meet their subject to the work requirement that (WIA) (Pub. L. 105–220). Section 199 of maintenance of effort (MOE) wish to work can be given the the WIA repeals the JTPA effective July requirements did in fact do so. opportunity to do so before losing 1, 2000. Section 199(A) of that Act In accordance with the requirements eligibility for the program. Use of the requires that all references in any other of section 1002 of the Balanced Budget reimbursement rates will help to ensure law to the JTPA be deemed to refer to Act, State funds that are expended to that the maximum number of work the corresponding provision in the WIA. meet a State’s MOE requirement are not opportunities can be created with the To address this change, the new subject to the use of funds requirement available funds, thus potentially

VerDate 18-JUN-99 17:16 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\03SER1.XXX pfrm01 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48253 keeping as many ABAWDs as possible activities. However, information from slot for that month because only one eligible for the program. job search activities was used as a basis ABAWD is retaining eligibility for the FNS recognizes, however, that use of for extrapolating certain costs, such as program. the reimbursement rates will for intake and monitoring, that are The reimbursement rates currently are significantly increase State common to workfare and education and as follows: administrative burdens. Therefore, FNS training programs. FNS, therefore, has Offered Work Slot: $30 is operating a one-year demonstration to been able to use the information it has Filled Work Slot: $175 test an alternative to the reimbursement available, in combination with These rates represent the maximum rates. Under the alternative, a State information from other sources, amount of 100 percent Federal funds agency may spend its Federal 100 including a study of workfare programs that FNS will reimburse State agencies percent E&T allocation without conducted by the Manpower for their expenditures in providing consideration of per slot costs if the 1 Demonstration Research Corporation, workfare and work program slots that State agency commits to offering a work to establish what it believes to be a meet the requirements of section opportunity to every ABAWD applicant reasonable estimate of the maximum 6(o)(2)(B) and (C). The rates represent a or recipient who has exhausted the food costs State agencies will need to spend monthly average per slot cost, although stamp time limit. The alternative to the to provide workfare and education and reconciliation will be conducted on a reimbursement rates is discussed in training slots for recipients not eligible yearly, not monthly, basis. more detail below. for an exception under section 6(o)(3). To apply the rates, FNS will sum the The reimbursement rates represent FNS has established one number of filled and unfilled slots a FNS’ estimate of the reasonable cost of reimbursement rate for both workfare State agency reports at the end of a efficiently and economically providing and 20-hour a week work program fiscal year and multiply each by the the work opportunities. The rates apply components. However, because FNS appropriate rate. FNS will add the two to all 100 percent Federal E&T funds recognizes the uncertain level of resulting sums and compare that against which a State expends to provide work compliance with various work the State’s actual expenditure of Federal activities that meet the requirements of requirements among the childless, able- E&T money for that year. If the amount section 6(o)(2)(B) and (C) of the Food bodied adult population subject to the spent is less than the amount allowed Stamp Act for food stamp recipients work requirement at section 6(o)(2), it under the rates, the actual amount who are (1) subject to the work has set two levels for the reimbursement would be paid out of the E&T grant. If requirement at section 6(o)(2), exempt rate—one level for filled work slots and the amount spent by the State agency from the requirement because they the other for unfilled or ‘‘offered’’ work exceeds the amounts allowed under the reside in an area of a State granted a slots. A slot is ‘‘filled’’ when a rates, the State agency will be required waiver under section 6(o)(4), or (3) participant reports to a work or training to pay that excess amount out of their granted an exemption from the site to begin his or her work activities. own funds (which would be eligible for requirement under section 6(o)(6) of the A slot is ‘‘offered’’ when a bona fide the standard 50 percent administrative Act. The rates do not apply to workfare or training opportunity is cost Federal match). This procedure expenditures of the 20 percent of a made available to a participant (i.e., the allows State agencies to average the cost State’s 100 percent E&T grant that is not participant is told to report to a work of creating slots—i.e., balance the cost of earmarked for ABAWDs, unless those site at a given date and time) but the higher priced slots with lower costing funds are used to create qualifying participant either refuses the assignment slots—and still fall within the rate workfare and education and training or does not report. This two-tiered rate structure. slots for ABAWDs. structure insures that a State agency is FNS is confident that State agencies The reimbursement rates went into not denied reimbursement for costs it will be able to create work opportunities effect on October 1, 1998. For FY 1998, incurred in creating work opportunities within the fiscal constraints set by the the reimbursement rates did not apply when program participants choose not rates. Not only will State agencies be and State agencies were reimbursed for to comply with program work able to average the costs of more their actual costs in creating work slots. requirements. States were notified of the It should be noted that under the expensive and less expensive work slots reimbursement rates by memorandum reimbursement rate structure State over a fiscal year, but the two-tiered rate from FNS regional offices in February agencies are reimbursed not for simply structure enables State agencies to 1998. The amount of the reimbursement creating qualifying workfare or 20-hour- effectively claim reimbursement for rates, which is discussed below, may be a week education/training slots but for more than the fixed rate for a filled slot. revised based on cost data submitted by placing, or offering to place, participants Although the reimbursement rate for a State agencies. If the rates are revised, who are subject to the food stamp work filled slot is $175, State agencies can FNS will inform States of the new rates requirement in those slots. A State claim an additional $30 reimbursement through a policy memorandum. agency that assigns two ABAWDs to the if the slot is turned down by one In determining the reimbursement same work slot (one to work four hours participant before being accepted by rates, FNS utilized available information in the morning, the other four hours in another. For example, if a work slot is on the costs of providing E&T the afternoon), would claim refused by four participants before being components that meet the requirements reimbursement for two filled slots since accepted by a fifth, the State agency may of section 6(o)(2)(B) and (C). Because two ABAWDs are retaining eligibility claim reimbursement for offering the State agencies have generally for the program. A State agency that slot four times, or $120, in addition to emphasized in their E&T programs assigns one ABAWD to two slots in one claiming a $175 reimbursement for activities such as job search and job club month, a workfare slot and a 20-hour-a- filling the slot. In other words, the State that are expressly prohibited as week education and training slot, may agency could claim $295 under this qualifying work programs under only claim reimbursement for one filled example for the cost of creating one sections 6(o)(2)(B) and (C), FNS had work slot. little information that is directly 1 Unpaid Work Experience for Welfare Recipients: A State agency may not claim applicable in establishing Findings and Lessons from MDRC Research, 1993. reimbursement for a filled slot for a reimbursement rates for qualifying work Thomas Brock, David Butler, David Long. participant who is satisfying the work

VerDate 18-JUN-99 17:16 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\03SER1.XXX pfrm01 PsN: 03SER1 48254 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations requirement by working 20 hours or workfare and 20-hour-a-week education a State agency operating under this more a week. In this case, the State and training slots they created to serve alternative if it terminated an ABAWD agency is incurring no reimbursable recipients subject to the work from the program, denied his or her E&T cost (costs associated with requirement at section 6(o) of the Food application because of the time limit monitoring the participant’s Stamp Act. This information must be without offering the ABAWD a work employment would be included as broken out to show the number of slots slot, or issued benefits to an individual certification costs). that were filled and the number that that had exhausted his or her three As noted above, FNS may revise the were offered. State agencies must months of eligibility but was not offered amount of the reimbursement rates further break out the information to a slot. A State agency that does not based on actual data on the cost of show the number of slots that were appear to be meeting its commitment, or creating work slots compiled by State created in areas of a State that have that has a significant number of such QC agencies. This information may be received a waiver in accordance with errors will be required to correct its forwarded to FNS at the address noted section 6(o)(4) and in non-waived areas operation or be denied this alternative if earlier in this document. FNS would (this information will be used by FNS to FNS allows it in future years. also be interested in obtaining from evaluate the impact on participants The State agencies that operate under States examples of the types of E&T subject to the work requirement of this alternative must still meet the components that States would like to allowing State agencies to spend the 80 requirement that not less than 80 operate for ABAWDs which they are not percent of their 100 percent Federal E&T percent of the 100 percent Federal funds currently operating, either because the grant on ABAWDs not in danger of the State agency expends in a fiscal year components cannot be supported under losing eligibility). State agencies must be spent on activities that meet the the existing reimbursement rate also report the amount of Federal 100 requirements of sections 6(o)(2)(B) and structure or for some other reason. percent E&T funding spent on workfare (C) of the Food Stamp Act. States should provide estimates of the slots and on qualifying 20-hour-a-week costs of these components. work program slots that were created to The criteria FNS shall use to select This rulemaking amends food stamp serve recipients subject to the work the State agencies that may participate regulations to add a new section that requirement at section 6(o). This in the alternative shall include the contains requirements regarding E&T information must be included on the following factors: components costs. The new section will Employment and Training Program The size of a State agency’s ABAWD be designated § 273.7(d)(1)(iv) and titled Report (FNS–583). caseload; ‘‘Component Costs.’’ Former In this rulemaking we are amending The State agency’s ability to offer a § 273.7(d)(1)(iii), which provides that food stamp regulations at § 273.7(c)(6) work opportunity to every ABAWD enhanced cost-sharing for placement of and § 273(d)(3) to incorporate the new applicant and participant that has workfare participants in paid reporting requirements. employment be available only for exhausted the time limit; Alternative to the Reimbursement Rates placements that occur through optional The State agency’s procedures for workfare programs funded under Although FNS believes that the monitoring its compliance with the § 273.22(g), will be redesignated reimbursement rate structure will be requirements of the demonstration; and § 273.7(d)(1)(vii). effective in creating a sufficient number The State agency’s plans for taking of work opportunities to insure that Reporting Requirements corrective action if compliance is not most ABAWDs who want to work will being met. Current regulations at § 273.7(c)(6) be provided the opportunity to do so contain requirements for State agency before losing eligibility for the Food FNS welcomes comments from States reporting of monthly figures for E&T Stamp Program, we are also interested on the alternative program. FNS would program participants. Current in exploring alternatives to the rate also be interested in obtaining from regulations at § 273.7(d)(3) contain the structure which will provide State States other proposals for alternatives or requirements for State agency reporting agencies greater flexibility while at the modifications to the rate structure, such of expenditures on food stamp E&T same time satisfying the intent behind as providing States a temporary programs. the increased funding provided under exemption from the rates to start new Because of the new restrictions on the the Balanced Budget Act. To this end, food stamp E&T programs in areas not use of Federal 100 percent E&T funding FNS will operate in FY 1999 a one-year previously served or to expand the imposed by the Balanced Budget Act demonstration under which a State capacity of existing programs so that all and described in this rulemaking, FNS agency may spend its Federal 100 ABAWDs reaching the time limit can be is increasing the reporting burden on percent E&T allocation without provided with qualifying work State agencies with regard to E&T consideration of per slot costs if the opportunities. programs. Although increased reporting State agency commits to offering a work Because FNS is operating the requirements impose increased opportunity to every ABAWD applicant reimbursement rate alternative as a one administrative burdens on States, FNS or recipient who has exhausted the time year demonstration that began on concluded that increasing State limit and does not reside in an area of October 1, 1998, we are not including in reporting requirements for E&T a State that has a received a waiver in this interim rule regulations on the activities was the simplest and most accordance with section 6(o)(4) or has alternative program. However, efficient means for monitoring State not already received an exemption from depending on the comments received on compliance with the 80–20 use of funds the work requirement in accordance this program and FNS’ evaluation of the requirement and the component cost with section 6(o)(6). demonstration, FNS may elect to reimbursement rates, both described FNS will monitor whether State implement the reimbursement rate earlier in this memorandum. agencies approved for this alternative alternative as a permanent program In addition to submitting all the are meeting their commitment to offer available to all States. If a permanent information previously required under work opportunities to all ABAWDs that program is implemented, regulations § 273.7(c)(6) and § 273(d)(3), State have exhausted the time limit. In will be issued, possibly in the final agencies must report the number of addition, QC errors will be cited against version of this interim rule.

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Report to Congress PART 272ÐREQUIREMENTS FOR broken out to show the number of slots Section 1002(b) of the Balanced PARTICIPATING STATE AGENCIES that were created in areas of the State Budget Act requires that not later than that have received a waiver in 2. In § 272.1, paragraph (g)(156) is accordance with section 6(o)(4) of the 30 months after the date of enactment of added to read as follows: the Act, The Secretary of Agriculture Food Stamp Act and in non-waived must submit to the Committee on § 272.1 General terms and conditions. areas; (vii) The number of filled and offered Agriculture of the House of * * * * * Representatives and the Committee on (g) Implementation. *** slots created under a 20-hour-a-week Agriculture, Nutrition, and Forestry of (156) Amendment No. 379. The work program as described in paragraph the Senate a report regarding whether provision of Amendment No. 379 (d)(1)(ii)(A) of this section that are the increased E&T funds provided under regarding the 15-percent exemption and intended to serve recipients subject to section 1002 of the Balanced Budget Act additional funding for E&T is effective the work requirement at section 6(o) of have been used by State agencies to and must be implemented no later than the Food Stamp Act. This information increase the number of work slots for November 2, 1999. Any variances must be broken out to show the number recipients subject to the food stamp time resulting from implementation of the of slots that were created in areas of the limit at section 6(o) of the Food Stamp provisions of this amendment shall be State that have received a waiver in Act (7 U.S.C. 2015(o)) in employment excluded from error analysis for 120 accordance with section 6(o)(4) of the and training programs and workfare in days from this required implementation Food Stamp Act and in non-waived the most efficient and effective manner date in accordance with areas; practicable. § 275.12(d)(2)(vii) of this chapter. * * * * * In order to complete the required (d) Federal financial participation. (1) report, the Department of Agriculture PART 273ÐCERTIFICATION OF Employment and training grants.—(i) released a Request for Proposals in April ELIGIBLE HOUSEHOLDS Allocation of grants. Each State agency 1998 in which it solicited bids from will receive an E&T program grant for 3. In § 273.7: parties interested in conducting the each fiscal year to operate an E&T a. A fourth sentence is added to the study. In September 1998, the contract program. The grant will consist of a base end of paragraph (c)(4)(ii). to complete the E&T study was awarded b. New paragraphs (c)(6)(vi) and amount that requires no State matching to Health Systems Research, an (c)(6)(vii) are added; and a supplemental amount which will independent research group. c. Paragraph (d)(1)(i) is revised. be available only to those State agencies that elect to meet their maintenance of Implementation d. Paragraphs (d)(1)(ii), (d)(1)(iii), and (d)(1)(iv) are redesignated as (d)(1)(v), effort requirements as described in State welfare agencies have been paragraph (d)(1)(iii) of this section. instructed through agency directive to (d)(1)(vi) and (d)(1)(vii), respectively; e. Newly redesignated paragraph (A) In determining each State agency’s implement the provisions of the BBA (d)(1)(v) is amended by removing base 100 percent Federal E&T grant without waiting for formal regulations. references to ‘‘(d)(1)(ii)(A)’’ and amount for FYs 1998 through 2002, FNS Sections 1001 (15 percent exemption) ‘‘(d)(1)(ii)(B)’’ wherever they appear, will apply the percentage determined in and 1002 (increased E&T funding) were and by adding in their place references accordance with paragraph (d)(1)(i)(C) required to be implemented as of to ‘‘(d)(1)(v)(A)’’ and ‘‘(d)(1)(v)(B)’’. of this section to the total amount of 100 October 1, 1997. The changes in this f. New paragraphs (d)(1)(ii), (d)(1)(iii), percent Federal E&T grant provided rule are effective and must be and (d)(1)(iv) are added; under the Personal Responsibility and implemented November 2, 1999. Any g. A fourth sentence is added to Work Opportunity Reconciliation Act of variances resulting from paragraph (d)(3). 1996 for each fiscal year. implementation of the provisions of this The revisions and additions read as (B) In determining each State agency’s amendment shall be excluded from follows: supplemental 100 percent Federal E&T error analysis for 120 days from this grant amount for FYs 1998 through required implementation date in § 273.7 Work requirements. 2002, FNS will apply the percentage accordance with § 275.12(d)(2)(vii). * * * * * determined in accordance with List of Subjects (c) State agency responsibilities. paragraph (d)(1)(i)(C) of this section to *** the total amount of 100 percent Federal 7 CFR Part 272 (4) * * * E&T grant provided under the Balanced Alaska, Civil rights, food stamps, (ii) * * * A State agency which Budget Act of 1997 for each fiscal year. Grant programs—social programs, intends to spend the supplemental E&T (C) Except as otherwise provided in Reporting and recordkeeping grant allocation for which it is eligible paragraph (d)(1)(i)(F) of this section, requirements. in a fiscal year in accordance with effective in FY 1998, Federal funding for paragraph (d)(1)(i)(B) of this section E&T grants, including both the base and 7 CFR Part 273 must declare its intention to maintain supplemental amounts, shall be Administrative practice and its level of expenditures for E&T and allocated on the basis of food stamp procedures, Aliens, Claims, Food workfare at a level not less than the recipients in each State who are not Stamps, Fraud, Grant Programs—social level of such expenditures in FY 1996. eligible for an exception under section programs, Penalties, Reporting and * * * * * 6(o)(3) of the Food Stamp Act as a recordkeeping requirements, Social (6) * * * percentage of such recipients Security, Students. (vi) The number of filled and offered nationwide. Effective in FY 1999, Accordingly, 7 CFR parts 272 and 273 slots created under a workfare program Federal funding for E&T grants shall be are amended as follows: as described in § 273.22 or a comparable allocated on the basis of food stamp 1. The authority citation for 7 CFR program that are intended to serve recipients in each State who are not parts 272 and 273 continues to read as recipients subject to the work eligible for an exception under section follows: requirement at section 6(o) of the Food 6(o)(3) of the Food Stamp Act and who Authority: 7 U.S.C. 2011–2036. Stamp Act. This information must be either do not reside in an area subject

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.161 pfrm03 PsN: 03SER1 48256 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations to a waiver granted in accordance with receives in a fiscal year under paragraph eligible for an exception under section section 6(o)(4) of the Food Stamp Act or (d)(1)(i) of this section shall be used to 6(o)(3) of the Food Stamp Act or on do reside in an area subject to a waiver serve food stamp recipients who are not work activities that do not meet the in which the State agency provides eligible for an exception under section definition of qualifying work activities employment and training services to 6(o)(3) of the Food Stamp Act and who as described in paragraph (d)(1)(ii)(A) of food stamp recipients who are not are placed in and comply with either a this section, it shall reimburse States for eligible for an exception under section workfare program as described in allowable costs incurred in excess of the 6(o)(3) of the Food Stamp Act as a § 273.22 or a comparable program, or a 20 percent threshold at the normal percentage of such recipients work program for 20 hours or more per administrative 50–50 match rate. nationwide. week. A qualifying work program is a (E) State agencies must use E&T (D) FNS shall determine each State’s program operated under the JTPA or, program grants to fund the percentage of food stamp recipients not after July 1, 2000, a program that was administrative costs of planning, eligible for an exception under section previously operated under the JTPA that implementing and operating food stamp 6(o)(3) of the Food Stamp Act using FY is now operated under the Workforce E&T programs in accordance with 1996 Quality Control survey data Investment Act, a program under approved State agency E&T plans. E&T adjusted for changes in each State’s section 236 of the Trade Act of 1974, or grants must not be used for the process caseload. an E&T program operated or supervised of determining whether an individual (E) Effective in FY 1998, no State by the State or a political subdivision must be work registered, the work agency shall receive less than $50,000 in that meets standards approved by the registration process, or any further Federal E&T funds. To insure that no Governor of the State, including screening performed during the State agency receives less than $50,000 programs described in paragraphs certification process, nor for sanction in FY 1998, each State agency that is (f)(1)(iv), (f)(1)(v), (f)(1)(vi) and (f)(1)(vii) activity that takes place after the allocated to receive more than $50,000 of this section. Job search and job search operator of an E&T component reports shall have its grant reduced, if training programs as described in noncompliance without good cause. For necessary, proportionate to the number paragraphs (f)(1)(i) and (f)(1)(ii) of this purposes of this paragraph (d)(1)(ii)(E), of food stamp recipients in the State section do not meet the definition of the certification process is considered who are not eligible for an exception qualifying work program. ended when an individual is referred to under section 6(o)(3) of the Food Stamp (B) Funds which a State agency an E&T component for assessment or Act as compared to the total number of receives in a fiscal year under paragraph participation. E&T grants must also not such recipients in all the State agencies (d)(1)(i) of this section which are used be used to reimburse participants under receiving more than $50,000. The funds to serve food stamp recipients who are paragraph (d)(1)(ii) of this section, since from the reduction shall be distributed not eligible for an exception under these reimbursements which include to State agencies initially allocated to section 6(o)(3) of the Food Stamp Act dependent care and job-related receive less than $50,000. To insure that but who either reside in an area of a transportation costs are provided for in no State agency receives less than State granted a waiver under section a separate 50:50 Federal/State matching $50,000 in FY 1999 and subsequent 6(o)(4) of the Food Stamp Act or have grant. Lastly, E&T grants must not be years, each State agency that is allocated been granted an exemption under used to subsidize the wages of to receive more than $50,000 shall have section 6(o)(6) of that Act and which are participants, as reflected in current its grant reduced, if necessary, expended on qualifying work activities regulations, and in view of section 16(b) proportionate to the number of food as described in paragraph (d)(1)(ii)(A) of of the Food Stamp Act, added by the stamp recipients in the State who are this section shall count toward a State’s Personal Responsibility and Work not eligible for an exception under 80 percent expenditure. Opportunity Reconciliation Act of 1996, section 6(o)(3) of the Food Stamp Act, (C) Not more than 20 percent of the which provides authority for food stamp and who do not reside in an area subject funds a State agency receives in a fiscal recipients who also participate in TANF to a waiver granted in accordance with year under paragraph (d)(1)(i) of this and other public assistance programs to section 6(o)(4) of the Food Stamp Act or section may be used to serve households have their food stamp benefits paid who do reside in an area subject to a eligible for an exception under section directly to employers. waiver in which the State agency 6(o)(3) of the Food Stamp Act or on (F) A State agency’s receipt of the E&T provides employment and training work activities that do not meet the program grant as allocated under services to food stamp recipients who definition of qualifying work activities paragraph (d)(1)(i) of this section is are not eligible for an exception under as described in paragraph (d)(1)(ii)(A) of contingent on FNS’ approval of the State section 6(o)(3) of the Food Stamp Act as this section. E&T funds expended in agency’s E&T plan. If an adequate plan compared to the total number of such accordance with this paragraph is not submitted, FNS may reallocate a recipients in all the State agencies (d)(1)(ii)(C) may be spent independent State agency’s grant among other State receiving more than $50,000. The funds of whether or not the State agency agencies with approved plans. Non- from the reduction shall be distributed expends any Federal funds that meet the receipt of an E&T program grant does to State agencies initially allocated to requirements of paragraph (d)(1)(ii)(A) not release a State agency from its receive less than $50,000 so that they of this section. E&T funds expended in responsibility under paragraph (c)(3) of receive the $50,000 minimum. accordance with this paragraph this section to operate an E&T program (F) If a State agency will not expend (d)(1)(ii)(C) are not subject to the or from sanctions for insufficient all of the funds allocated to it for a fiscal component cost reimbursement rates performance. year under paragraph (d)(1)(i)(C) of this described in paragraph (d)(1)(iv) of this (G) Federal funds made available to a section, FNS shall reallocate the section. State agency to operate a component unexpended funds to other States (D) If at the end of a fiscal year, FNS under paragraph (f)(1)(vi) of this section during the fiscal year or the subsequent determines that a State agency has spent must not be used to supplant nonfederal fiscal year as it considers appropriate more than 20 percent of the Federal E&T funds for existing educational services and equitable. funds it receives for that fiscal year and activities that promote the purposes (ii) Use of funds. (A) Not less than 80 under paragraph (d)(1)(i) of this section of this component. Education expenses percent of the funds a State agency to serve food stamp recipients who are are approvable to the extent that E&T

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.163 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48257 component costs exceed the normal cost (C) A State agency may claim (iii) Is not fulfilling the work of services provided to persons not reimbursement for only one filled slot requirements of 6(o)(2) of the Food participating in an E&T program. per participant per month. A State Stamp Act by working 20 hours a week (iii) Maintenance of Effort. (A) To be agency that assigns one participant to averaged monthly, participating and eligible for a grant derived from the two slots in the same month, for complying with the requirements of a supplemental level of E&T funding example a workfare slot and a 20-hour- work program for 20 hours or more per described in paragraph (d)(1)(i)(B) of a-week training slot, may only claim week, participating in and complying this section, a State agency must reimbursement for one filled slot in that with the requirements of a program maintain State expenditures on E&T month. under section 20 or a comparative programs and workfare at a level not (D) Reconciliation will be conducted program established by a State or less than the level of such expenditures on a yearly basis. When applying the political subdivision of a State, in FY 1996. A State agency need not rate, FNS will sum the number of filled (iv) Is not receiving food stamp expend all of its required maintenance and offered slots a State agency reports benefits during the 3 months of of effort funds before it begins spending for a fiscal year and multiply each by eligibility provided under paragraph its supplemental E&T grant. A State the appropriate rate. FNS will add the 6(o)(2) of the Food Stamp Act, and agency which intends to spend the two resulting sums and compare that (v) Is not receiving food stamp supplemental allocation for which it is against the State agency’s actual benefits under paragraph 6(o)(5) of the eligible in a fiscal year must, in expenditure of Federal 100 percent E&T Food Stamp Act. accordance with paragraph (c)(4)(ii) of money for that fiscal year. If the amount (b) General rule. Subject to paragraphs this section, declare in its State E&T spent is less than the amount allowed (c) through (e) of this section, a State plan for that fiscal year its intention to under the rates, the actual amount agency may provide an exemption from maintain its level of expenditures for would be paid out of the State agency’s the time limits of paragraph 6(o)(2) of E&T and workfare at a level not less 100 percent Federal E&T grant for that the Food Stamp Act for covered than the level of such expenditures in fiscal year. If the amount spent by the individuals. Exemptions do not count FY 1996. State agency exceeds the amounts towards a State’s allocation if they are (B) State funds which a State agency allowed under the rates, the State provided to an individual who is expends in order to meet its agency will be required to pay that otherwise exempt from the time limit maintenance of effort requirement are excess amount. State funds used to during that month. not subject to the requirements of cover any shortfalls will be eligible for (1) Fiscal year 1998. A State agency paragraph (d)(1)(ii) of this section. the standard 50 percent Federal match may provide a number of exemptions (C) Participant reimbursements paid in accordance with paragraph (d)(1)(vi) such that the average monthly number through State funds shall not count of this section and § 273.22(g). of exemptions in effect during FY 1998 toward a State agency’s maintenance of * * * * * does not exceed 15 percent of the effort requirement, except in the case of (3) Fiscal recordkeeping and reporting number of covered individuals in the optional workfare programs in which requirements. ** * States shall include State in FY 1998, as estimated by FNS, reimbursements to participants for as footnotes to the FNS–269 the amount based on FY 1996 quality control data, work-related expenses are counted as of Federal 100 percent E&T funding and other factors FNS deems part of the State agency’s administrative spent on slots created under a workfare appropriate. expenses in accordance with section program as described in § 273.22 or a (2) Subsequent fiscal years. For FY 20(g)(1) of the Food Stamp Act. comparable program, and the amount of 1999 and each subsequent fiscal year, a (iv) Component costs. FNS shall Federal 100 percent E&T funding spent State agency may provide a number of monitor State agencies’ expenditures of on slots created under a 20-hour-a-week exemptions such that the average 100 percent Federal E&T funds, work program as described in paragraph monthly number of exemptions in effect including the costs of individual (d)(1)(ii)(A) of this section. during the fiscal year does not exceed components of State agencies’ programs. * * * * * 15 percent of the number of covered (A) Federal 100 percent E&T funds individuals in the State, as estimated by that State agencies expend in 4. A new § 273.24 is added to read as follows: FNS, and adjusted by FNS to reflect accordance with paragraph (d)(1)(ii)(A) changes in: of this section are subject to component § 273.24 15 Percent exemption authority (i) The State’s caseload, and cost reimbursement rates. The rates for able-bodied adults. (ii) FNS’ estimate of changes in the represent the maximum amount of 100 (a) Definitions. For purposes of the proportion of food stamp recipients percent Federal funds that FNS will food stamp time limit, the terms below covered by waivers granted under reimburse States on average each month have the following meanings: paragraph 6(o)(4) of the Food Stamp for their expenditures in providing work (1) Caseload means the average Act. opportunities or ‘‘slots’’ that meet the monthly number of individuals (c) Adjustments will be made as requirements of section (6)(o)(2)(B) and receiving food stamps during the 12- follows: (C) of the Food Stamp Act. month period ending the preceding June (1) Caseload adjustments. FNS shall (B) Separate reimbursement rates will 30. adjust the number of covered apply for filled slots and for offered (2) Covered individual means a food individuals estimated for a State under slots. A slot is ‘‘filled’’ when a stamp recipient, or an individual denied paragraphs (c) and (d) of this section participant reports to a work or training eligibility for food stamp benefits solely during a fiscal year if the number of site to begin his or her work activities. due to paragraph 6(o)(2) of the Food food stamp recipients in the State varies A slot is ‘‘offered’’ when a bona fide Stamp Act who: from the State’s caseload by more than workfare or training opportunity is (i) Is not exempt from the work 10 percent, as estimated by FNS. made available to a participant (i.e., the requirements under paragraph 6(o)(3) of (2) Exemption adjustments. During participant is told to report to a work the Food Stamp Act, FY 1999 and each subsequent fiscal site at a given date and time) but the (ii) Does not reside in an area covered year, FNS shall adjust the number of participant either refuses the assignment by a waiver granted under paragraph exemptions allocated to a State agency or does not report. 6(o)(4) of the Food Stamp Act, based on the number of exemptions in

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.164 pfrm03 PsN: 03SER1 48258 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations effect in the State for the preceding Products Program, National Center for disease during the past 12 months. The fiscal year. Import and Export, VS, APHIS, 4700 OIE also requires that the country have (i) If the State agency does not use all River RoadUnit 40, Riverdale, MD no clinical, serological (in of its exemptions by the end of the fiscal 20737–1231; (301) 734–3399. nonvaccinated animals), or year, FNS shall increase the estimated SUPPLEMENTARY INFORMATION: epidemiological evidence of AHS for the number of exemptions allocated to the past 2 years. Morocco exceeds these State agency for the subsequent fiscal Background requirements. Morocco has not had a year by the remaining balance. The regulations in 9 CFR part 93 case of AHS for over 7 years and has not (ii) If the State agency exceeds its (referred to below as the regulations) vaccinated for the disease for 5 years. exemptions by the end of the fiscal year, prescribe the conditions for the In addition to OIE standards, APHIS FNS shall reduce the estimated number importation into the United States of considers Morocco’s horse population, of exemptions allocated to the State specified animals to prevent the quarantine requirements, disease agency for the subsequent fiscal year by introduction of various animal diseases, surveillance system, laboratory the corresponding number. including African horse sickness (AHS). capabilities, and geography. (d) Reporting requirement. The State AHS is a fatal viral equine disease that Morocco has approximately 180,000 agency shall track the number of is not known to exist in the United horses, which are mainly used for exemptions used each month and report States. transportation, beasts of burden, this number to the regional office on a The regulations in § 93.308(a)(2) list agricultural work, racing, and breeding. quarterly basis as an addendum to the regions that the Animal and Plant Morocco does not allow the importation quarterly employment and training Health Inspection Service (APHIS) of animals from known AHS-positive report (Form FNS–583) required by considers affected with AHS and sets countries. Animals from AHS-negative § 273.7(c)(6). forth specific quarantine requirements countries must be tested twice, once in (e) Other Program rules. Nothing in for horses that are imported from those the country of origin and once during a this section shall make an individual regions. APHIS requires horses intended 10-day quarantine in Morocco. The 10- eligible for benefits under the Food for importation from any of the regions day quarantine on all imported equines Stamp Act if the individual is not listed, including horses that have allows monitoring of imported animals otherwise eligible for benefits under the stopped in or transited those regions, to for signs of disease. Morocco has 14 other provisions of the Food Stamp Act. enter the United States only at the port border service stations to prevent illegal of New York and be quarantined at the movement of equines. Dated: August 23, 1999. New York Animal Import Center in Morocco has 6 regional veterinary Julie Paradis, Newburgh, NY, for at least 60 days. This diagnostic and research laboratories Acting Under Secretary, Food, Nutrition and precaution is necessary to help ensure qualified to perform required testing for Consumer Services. that the horses are not affected with veterinary certification and disease [FR Doc. 99–23017 Filed 9–2–99; 8:45 am] AHS. monitoring. In addition, there is a BILLING CODE 3410±30±P On April 6, 1999, we published in the National Epidemiology and Zoonosis Federal Register (64 FR 16655–16656, Laboratory, a National Veterinary Drugs Docket No. 98–055–1) a proposal to Control Laboratory, and BIOPHARMA, a DEPARTMENT OF AGRICULTURE amend the regulations concerning the State-owned vaccine production importation of horses to remove company. Of these nine laboratories, Animal and Plant Health Inspection Morocco from the list of regions that four have facilities for virus isolation Service APHIS considers affected with AHS. and typing. Morocco collaborates with The proposed action was based on the Community Reference Laboratory 9 CFR Part 93 information received from Morocco and for AHS, Algete, Spain; the School of [Docket No. 98±055±2] standards set by the Office International Veterinary Medicine, Maison Alfort, des Epizooties (OIE). France; and the Institute for Animal Horses From Morocco; Change in We solicited comments concerning Health, Pirbright, United Kingdom, for Disease Status our proposal for 60 days ending June 7, support and assistance with disease 1999. We received two comments by diagnosis. Also, in August 1997, AGENCY: Animal and Plant Health that date. They were from industry Morocco sent 300 AHS reference sera to Inspection Service, USDA. representatives. Neither opposed the APHIS’ Foreign Animal Disease ACTION: Final rule. rule but said that APHIS should have Diagnostic Laboratory at Plum Island, conducted a site visit to verify NY. Tests of the sera by APHIS SUMMARY: We are amending the information submitted by Morocco. confirmed the accuracy of Morocco’s regulations concerning the importation The United States is a signatory to the laboratory results. of horses to remove Morocco from the North American Free Trade Agreement Morocco is surrounded by the list of regions the Animal and Plant (NAFTA) and the General Agreement on Mediterranean Sea to the north, the Health Inspection Service considers Tariffs and Trade (GATT). Basic to Atlantic Ocean to the west, Algeria to affected with African horse sickness. NAFTA and GATT are the provisions to the east, and Mauritania to the south. This action is based on information encourage countries to base their Spain, although not immediately received from Morocco and is in sanitary and phytosanitary measures on adjacent, is separated from Morocco accordance with standards set by the international standards whenever such only by the Gibraltar Strait. None of Office International des Epizooties for standards exist. Animal health measures these countries have reported AHS for 3 recognizing a country as free of African should be based on OIE standards. years or longer. horse sickness. This action will relieve Based on the standards set forth by the APHIS also evaluated Morocco’s restrictions on the importation of horses OIE, a country may be recognized as free veterinary service infrastructure and its into the United States from Morocco. of AHS if the disease is mandatorily animal health policies and DATES: Effective September 20, 1999 . reportable. In addition, the country infrastructures for animal disease FOR FURTHER INFORMATION CONTACT: Dr. must not have vaccinated domestic control. Our review of information John Cougill, Senior Staff Veterinarian, horses or other equines against the submitted by Morocco indicates that

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.165 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48259 these infrastructures and policies are New York Animal Import Center in Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; adequate for disease control. Newburgh, NY, at a cost of 21 U.S.C. 102–105, 111, 114a, 134a, 134b, The commenters also said that approximately $5,296 per horse. 134c, 134d, 134f, 136, and 136a; 31 U.S.C. information supplied by foreign regions In 1998, the United States imported 9701; 7 CFR 2.22, 2.80, and 371.2(d). should be made available to the public 41,876 horses, valued at $206 million; 2. In § 93.308, paragraph (a)(2) is for review. none of these horses were imported into revised to read as follows: Currently, when a region requests the United States from Morocco. permission to export animals and Removing the requirement for a 60-day § 93.308 Quarantine requirements. animal products to the United States, quarantine for horses from Morocco will (a) * * * the supporting documentation supplied make the importation of horses less (2) Horses intended for importation by the region is published by APHIS on expensive and logistically easier. As a from regions APHIS considers to be the Internet at http:// result, we anticipate that U.S. importers affected with African horse sickness www.aphis.usda.gov/vs/reg- of competition and breeding horses may enter the United States only at the request.html. This Internet address can might begin importing horses from port of New York, and must be be accessed by the public. To request Morocco. Since the value of Morocco’s quarantined at the New York Animal additional information, the individual exports of purebred horses in 1997 was Import Center in Newburgh, New York, listed under FOR FURTHER INFORMATION approximately $44,000, we do not for at least 60 days. This restriction also CONTACT may be contacted. expect that the number of horses applies to horses that have stopped in Therefore, for the reasons given in the exported to the United States will be or transited a region considered affected proposed rule and in this document, we significant. Furthermore, most horses with African horse sickness. APHIS are adopting the proposed rule as a final imported from Morocco will probably considers the following regions to be rule, without change. be in the United States on a temporary affected with African horse sickness: All basis for particular events, such as for Effective Date the regions on the continent of Africa, races or breeding, and then transported except Morocco; Oman; Qatar; Saudi This is a substantive rule that relieves back to Morocco. For these reasons, we Arabia; and the Yemen Arab Republic. restrictions and, pursuant to the anticipate the overall economic effect on * * * * * provisions of 5 U.S.C. 553, may be made U.S. entities will be minimal. Done in Washington, DC, this 30th day of effective less than 30 days after Under these circumstances, the August 1999. publication in the Federal Register. Administrator of the Animal and Plant Bobby R. Acord, This rule relieves restrictions that Health Inspection Service has Acting Administrator, Animal and Plant require horses imported from Morocco determined that this action will not Health Inspection Service. to enter the United States only at the have a significant economic impact on [FR Doc. 99–23010 Filed 9–2–99; 8:45 am] port of New York and be quarantined at a substantial number of small entities. the New York Animal Import Center in BILLING CODE 3410±34±U Executive Order 12988 Newburgh, NY, for at least 60 days. This rule allows horses from Morocco to be This final rule has been reviewed shipped to and quarantined at ports under Executive Order 12988, Civil NUCLEAR REGULATORY designated in § 93.303, and reduces the Justice Reform. This rule: (1) Preempts COMMISSION quarantine period to an average of 3 all State and local laws and regulations days to meet the quarantine and testing that are inconsistent with this rule; (2) 10 CFR Part 72 requirements specified in § 93.308. has no retroactive effect; and (3) does Therefore, the Administrator of the not require administrative proceedings RIN 3150±AG17 Animal and Plant Health Inspection before parties may file suit in court List of Approved Spent Fuel Storage Service has determined that this rule challenging this rule. Casks: (HI±STAR 100) Addition should be effective 15 days after the Paperwork Reduction Act date of publication in the Federal AGENCY: Nuclear Regulatory This final rule contains no Register. Commission. information collection or recordkeeping Executive Order 12866 and Regulatory requirements under the Paperwork ACTION: Final rule. Flexibility Act Reduction Act of 1995 (44 U.S.C. 3501 SUMMARY: The Nuclear Regulatory This rule has been reviewed under et seq.). Commission (NRC) is amending its Executive Order 12866. This rule has List of Subjects in 9 CFR Part 93 regulations to add the Holtec been determined to be not significant for International HI–STAR 100 cask system purposes of Executive Order 12866 and, Animal diseases, Imports, Livestock, Poultry and poultry products, to the list of approved spent fuel storage therefore, has not been reviewed by the casks. This amendment allows the Office of Management and Budget. Quarantine, Reporting and recordkeeping requirements. holders of power reactor operating This rule will recognize Morocco as licenses to store spent fuel in this free of AHS. This action will allow Accordingly, we are amending 9 CFR part 93 as follows: approved cask system under a general horses from Morocco to be shipped to license. and quarantined at ports designated in PART 93ÐIMPORTATION OF CERTAIN EFFECTIVE DATE: This final rule is § 93.303 and will reduce the quarantine ANIMALS, BIRDS, AND POULTRY, effective on October 4, 1999. and testing period to an average of 3 AND CERTAIN ANIMAL, BIRD, AND days to meet quarantine requirements FOR FURTHER INFORMATION CONTACT: Stan POULTRY PRODUCTS; Turel, telephone (301) 415–6234, e-mail specified in § 93.308. REQUIREMENTS FOR MEANS OF U.S. importers of competition and [email protected] of the Office of Nuclear CONVEYANCE AND SHIPPING Material Safety and Safeguards, U.S. breeding horses from Morocco will be CONTAINERS affected by this rule. These importers Nuclear Regulatory Commission, will no longer be required to quarantine 1. The authority citation for part 93 Washington, DC 20555–0001. horses from Morocco for 60 days at the continues to read as follows: SUPPLEMENTARY INFORMATION:

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Background Approved Contents and Design a fee at the NRC Public Document Section 218(a) of the Nuclear Waste Features, for the Holtec International Room, 2120 L Street, NW. (Lower Policy Act of 1982, as amended HI–STAR 100 cask system. The staff has Level), Washington, DC. also modified its preliminary SER and (NWPA), requires that ‘‘[t]he Secretary Summary of Public Comments on the has revised the title of the SAR in the [of Energy] shall establish a Proposed Rule listing of this cask design in 10 CFR demonstration program, in cooperation The NRC received nine comment with the private sector, for the dry 72.214. The title of the SAR has been revised letters on the proposed rule. The storage of spent nuclear fuel at civilian to delete the revision number so that in commenters included the applicant, the nuclear reactor power sites, with the the final rule the title of the SAR is ‘‘HI– State of Utah, an individual member of objective of establishing one or more STAR 100 Cask System Topical Safety the public, industry representatives, and technologies that the [Nuclear Analysis Report.’’ This revision several utilities. Copies of the public Regulatory] Commission may, by rule, conforms the title to the requirements of comments are available for review in the approve for use at the sites of civilian new 10 CFR 72.248, recently approved NRC Public Document Room, 2120 L nuclear power reactors without, to the by the Commission. Street, NW (Lower Level), Washington, maximum extent practicable, the need The proposed CoC has been revised to DC 20003–1527. for additional site-specific approvals by clarify the requirements for making Comments on Direct Final Rule the Commission.’’ Section 133 of the changes to the CoC by specifying that NWPA states, in part, ‘‘[t]he the CoC holder must submit an As part of the proposed rule, the NRC Commission shall, by rule, establish application for an amendment to the staff requested public comment on the procedures for the licensing of any certificate if a change to the CoC, use of a direct final rulemaking process technology approved by the including its appendices, is desired. for future amendments to the list of Commission under Section 218(a) for This revision conforms the change approved spent fuel storage casks in 10 use at the site of any civilian nuclear process to that specified in 10 CFR CFR 72.214. The direct final rulemaking power reactor.’’ 72.48, as recently approved by the process is used by Federal agencies, To implement this mandate, the NRC Commission. The CoC has also been including the Environmental Protection approved dry storage of spent nuclear revised to delete the proposed Agency (EPA) and the NRC, to expedite fuel in NRC-approved casks under a exemption from the requirements of 10 rulemaking where the agency believes general license, publishing a final rule CFR 72.124(b) because a recent that the rule is noncontroversial and in 10 CFR Part 72 entitled ‘‘General amendment of this regulation makes the significant adverse comments will not License for Storage of Spent Fuel at exemption unnecessary (64 FR 33178; be received. Use of this technique in Power Reactor Sites’’ (55 FR 29181; July June 22, 1999). In addition, other minor, appropriate circumstances has been 18, 1990). This rule also established a nontechnical, changes have been made endorsed by the Administrative new Subpart L within 10 CFR Part 72 to CoC 1008 to ensure consistency with Conference of the United States (60 FR entitled ‘‘Approval of Spent Fuel NRC’s new standard format and content 43110; August 18, 1995). Under the Storage Casks,’’ containing procedures for CoCs. Finally, extensive comments direct final rulemaking procedure, the and criteria for obtaining NRC approval were received from Holtec International NRC would publish the proposed of dry storage cask designs. and other industry organizations amendment to the 10 CFR 72.214 list as both a proposed and a final rule in the Discussion suggesting changes to the TSs and the Approved Contents and Design Federal Register simultaneously. A This rule will add the Holtec Features. Some of these were editorial direct final rule normally becomes International HI–STAR 100 to the list of in nature, others provided clarification effective 75 days after publication in the NRC approved casks for spent fuel and consistency, and some reflected Federal Register unless the NRC storage in 10 CFR 72.214. Following the final refinements in the cask design. receives significant adverse comments procedures specified in 10 CFR 72.230 Staff agrees with many of these on the direct final rule within 30 days of Subpart L, Holtec International suggested changes and has incorporated after publication. If significant adverse submitted an application for NRC them into the final documents, as comments are received, the NRC approval together with the Safety appropriate. publishes a document that withdraws Analysis Report (SAR) entitled ‘‘HI– The NRC finds that the Holtec the direct final rule. The NRC then STAR 100 Cask System Topical Safety International HI–STAR 100 cask system, addresses the comments received as Analysis Report (SAR), Revision 8.’’ The as designed and when fabricated and comments on the proposed rule and NRC evaluated the Holtec International used in accordance with the conditions subsequently issues a final rule. submittal and issued a preliminary specified in its CoC, meets the One commenter supported use of the Safety Evaluation Report (SER) and a requirements of 10 CFR Part 72. Thus, direct final rule process for future proposed Certificate of Compliance use of the Holtec International HI–STAR revisions to the listing in 10 CFR 72.214, (CoC) for the Holtec International HI– 100 cask system, as approved by the stating that it was imperative that the STAR 100 cask system. The NRC NRC, will provide adequate protection regulatory process be streamlined when published a proposed rule in the of public health and safety and the there is no adverse safety concern. Two Federal Register (64 FR 1542; January environment. With this final rule, the commenters were opposed to use of a 11, 1999) to add the HI–STAR 100 cask NRC is approving the use of the Holtec direct final rule process stating that a system to the listing in 10 CFR 72.214. International HI–STAR 100 cask system direct final rule would diminish the The comment period ended on March under the general license in 10 CFR Part public role in commenting on the 29, 1999. Nine comment letters were 72, Subpart K, by holders of power approval of spent nuclear fuel casks and received on the proposed rule. reactor operating licenses under 10 CFR thereby the public’s ability to affect the Based on NRC review and analysis of Part 50. Simultaneously, the NRC is outcome of rulemaking procedures. One public comments, the staff has issuing a final SER and CoC that will be of these commenters believed that, modified, as appropriate, its proposed effective on October 4, 1999. Single given past problems with the casks, CoC, including its appendices, the copies of the CoC and SER are available future approval should be subject to Technical Specifications (TSs), and the for public inspection and/or copying for adequate and rigorous public scrutiny.

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Those opposed also believed that 30 grouped as well as some of the Cladding Integrity days (as would be allowed in a direct comments on the drawings in the SAR. Comment No. 4: One commenter final rule process) is not sufficient time To the extent possible, all of the noted that Holtec’s conclusion that fuel to prepare comments that may be comments on a particular subject are rod integrity will be maintained under significantly adverse so as to cause the grouped together. The listing of the all accident conditions is based on the NRC to withdraw the published final Holtec International HI–STAR 100 cask fact that the HI–STAR 100 system is rule. The two commenters did not system within 10 CFR 72.214, ‘‘List of designed to withstand a maximum believe that an addition to or revision of approved spent fuel storage casks,’’ has deceleration of 60 g, while a Lawrence the listing is likely to be either not been changed as a result of the Livermore National Laboratory Report noncontroversial or routine as public comments. A review of the (UCID–21246, Dynamic Impact Effects evidenced by the number of comments comments and the NRC staff’s responses on Spent Fuel Assemblies, Chum, Witt, they had on the Holtec HI-STAR 100 follow: Schwartz (October 20, 1987)) (LLNL proposed rule. Report) shows that the most vulnerable A number of significant adverse General Comments fuel can withstand a deceleration of 63 comments were received on the NRC’s Comment No. 1: One commenter g in the most adverse orientation (side proposed listing of the Holtec asked a number of questions about the drop). The commenter believes that International HI-STAR 100 cask system process for review and approval of spent Holtec and the NRC staff have not which are described in subsequent fuel storage cask designs, and suggested demonstrated a reasonable assurance sections of this notice. Therefore, it does changes to the process. that the cladding will maintain its not appear that the direct final rule integrity because Holtec’s analysis does approach can be implemented at this Response: The NRC finds these time for additions to the cask listing. comments to be beyond the scope of the not take into account the possible The NRC will reassess this issue in the current rulemaking which is focused increase in rate of oxidation of cladding future after experience with more new solely on whether to place a particular of high burnup fuel, and oxidation may listings to 10 CFR 72.214 has been cask design, the Holtec International cause the cladding to become effectively gained. However, with respect to HI–STAR 100 cask system, on the 10 thinner, decreasing its structural amendments to existing CoCs, the NRC CFR 72.214 list. integrity and lowering the ‘‘g’’ impact anticipates that, except in unusual Comment No. 2: One commenter force at which fuel cladding will shatter. cases, the direct final rulemaking stated that the cask should be built and With respect to a possible increase in process can be used because the cask tested before use at reactors, including rate of oxidation of cladding, Holtec has design and analysis will have gone the loading and unloading procedures. not factored the information in through the public comment process for The commenter objected to the use of Information Notice (IN) 98–29, the initial CoC listing and the revision computer modeling and analysis. ‘‘Predicted Increase in Fuel Rod Cladding Oxidation’’ (August 3, 1998) will be limited to the subject of the Response: The NRC disagrees with the into its calculations. The clear amendment. Unless the NRC has reason comment. The HI–STAR 100 Storage implication of IN 98–29, in the to believe that a particular amendment Cask System Design has been reviewed commenter’s view, is that the lift height will be controversial, the NRC plans to by the NRC. The basis of the safety of the HI–STAR 100 cask must be use a direct final rule for amendments review and findings are clearly reduced to lower the ‘‘g’’ impact forces to the cask systems in the 10 CFR 72.214 identified in the SER and CoC. Testing on the cladding. Also, the commenter listing. The NRC disagrees that use of is normally required when the analytic provided a table, ‘‘Effects of Changing the direct final rulemaking procedure methods have not been validated or Variables in Dynamic Impact Effects on will limit the public’s ability to affect assured to be appropriate and/or Spent Fuel Assemblies,’’ which the the outcome of the rulemaking. Receipt conservative. In place of testing, the commenter believes shows that the of a significant adverse comment will NRC staff finds acceptable analytic maximum ‘‘g’’ impact force, that high cause the direct final rule to be conclusions that are based on sound burnup fuel with oxidized cladding can withdrawn and the comment to be engineering methods and practices. NRC withstand, approaches 45 g. considered as though received in accepts the use of computer modeling response to a proposed rule. Further, the Response: The NRC disagrees with the codes to analyze cask performance. The comment. Information Notice 98–29 NRC believes that 30 days is a sufficient appropriateness of the computer codes amount of time in which to submit a states that high burn-up conditions may and models used by Holtec are increase fuel rod cladding oxidation. comment on an amendment to the CoC addressed in the SER and Topical SAR. for a listed cask since most issues The increased rate of oxidation is a The NRC staff has reviewed the analyses function of the fuel burn-up and will related to the cask design will have been performed by HOLTEC and found them resolved in the rulemaking conducted to only affect cladding in high burn-up acceptable. No changes to the CoC, TSs, fuel applications. In general, fuel with a place the design on the 10 CFR 72.214 SER, or Topical SAR are recommended. list. burn-up exceeding 45,000 MWD/MTU These models are based on sound is considered to be a high burn-up fuel. Comments on the Holtec International engineering sciences and processes. However, the Holtec HI–STAR 100 HI–STAR 100 Cask System Comment No. 3: One commenter Storage Cask System is not authorized to The comments and responses have requested that a troubleshooting manual contain fuel with a burn-up exceeding been grouped into five areas: general be prepared that includes information 45,000 MWD/MTU. Fuel cooling and comments, cladding integrity, health on how many of what type cask are the average burn-up approved for the impacts, sabotage events, thermal loaded, where and how long they have HI–STAR 100 Storage Cask System is: requirements, and miscellaneous items. been loaded, and on problems that have (a) for MPC–24 PWR assemblies, the Several of the commenters provided occurred, and the solutions. The fuel burn-up is limited to 42,100 MWD/ specific comments on the draft CoC, the commenter is seeking basic information MTU; and (b) for MPC–68 BWR NRC staff’s preliminary SER, the TSs, that is periodically updated. assemblies, the fuel burn-up is limited and the applicant’s Topical SAR. Some Response: This comment is beyond to 37,600 MWD/MTU. Therefore, the of the editorial comments have been the scope of this rulemaking. potential for significant amounts of

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.090 pfrm03 PsN: 03SER1 48262 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations oxidized cladding is not a concern for cladding behaves as a rigid rod. Thus, the fuel rods are nonmechanically the HI–STAR 100 Storage Cask System, Holtec merely used a static calculation ruptured and that the gases and and the table provided by the for impact analysis versus a dynamic particulates in the fuel rod gap between commenter regarding the consequences calculation. This assumption is the cladding and fuel pellet are released of significantly oxidized fuel cladding is incorrect, in the view of the commenter. to the multi-purpose canister (MPC) not relevant to the approved contents of Instead of a homogenous, rigid rod, the cavity and then to the external this cask design. fuel rod consists of fuel pellets stacked environment. The accident analysis in Comment No. 5: The same commenter like coins within thin tubing. In any the final version increased the amount stated that Holtec’s SAR for the HI– impact scenario, the fuel assembly acts of radioactivity to the MPC cavity by 5 STAR 100 storage cask relies upon the as a dynamic system with the fuel orders of magnitude in accordance with LLNL report for its estimate of ‘‘g’’ impacting the inside of the cladding and NUREG–1536, and would have placed impact force that will damage fuel creating a greater likelihood of cladding doses at 100 m over the EPA’s limit of cladding but that the LLNL report fails rupture. Holtec has not shown that the 5 rem. An assumed small leakage rate by to take into account the increased assumption of a rigid rod is the applicant reduced the amount brittleness of irradiated fuel assemblies. conservative. The thinner cladding due released from the cask cavity to the Because the irradiated fuel assemblies to the increased oxidation serves to environment by more than 5 orders of may have been embrittled, they would compound this effect because a smaller magnitude. This design basis accident also be less resistant to impact. During ‘‘g’’ force would be required to rupture no longer represents a loss-of- the course of a fuel assembly’s life, the assembly. confinement-barrier accident as subatomic particle bombardment, Response: The NRC disagrees with the originally described. including neutron flux, significantly comment. The assertion that the fuel rod Response: The NRC disagrees with the decreases the assembly’s ductility and consists of fuel pellets stacked like coins comment. The hypothetical accident increases the assembly’s yield stress, within thin tubing is incorrect for dose calculation is appropriate. As thereby embrittling the fuel assembly. irradiated fuels. The fuel pellets are discussed in Interim Staff Guidance The HI–STAR 100 design cannot rely densely packed inside the fuel tubing, (ISG)–5, Rev. 1, ‘‘Normal, Off-Normal, on LLNL’s analysis, in the commenter’s and the effects of irradiation will bond and Hypothetical Accident Dose view, because the LLNL analysis does the pellets to each other and to the fuel Estimate Calculations for the Whole not account for irradiation and cladding. Samples of irradiated fuel Body, Thyroid, and Skin,’’ the embrittlement, which lower the impact rods have shown that it is indeed nearly hypothetical accident assumes 100 resistance of the fuel assemblies. These impossible to separate the fuel pellets percent fuel rod failure within the MPC facts are significant when coupled with and the cladding. cavity and release of radioactivity based the increased oxidation rate reported in It is incorrect to assume the fuel rod on factors from NUREG/CR–6487. The IN 98–29 because increased oxidation acts as a dynamic system with the fuel applicant demonstrated that the HI– could tangentially cause an increase in pellets impacting the inside of the fuel STAR 100 confinement boundary (MPC) cladding embrittlement. Thus, IN 98–29 rod cladding during an accident drop remains intact from all credible compounds the LLNL’s error in event. The fuel pellets are densely accidents. Therefore, there is not a disregarding the brittle characteristics of packed inside the fuel tube and, for credible loss-of-confinement-barrier irradiated fuel cladding. irradiated fuels, the fuel pellets are accident for the HI–STAR 100. The Response: The NRC disagrees with the bonded together and to the cladding. hypothetical accident leakage is comment. The LLNL Report, as referred The LLNL Report discussed above has conservatively assumed to be equal to to, considers the effects of irradiation on conservatively neglected the that assumed for normal condition cladding. Table 3 of the report contributions of the fuel pellets to fuel leakage with corrections for accident delineates irradiated cladding rod rigidity. Rather, the report only pressures and temperatures. The normal longitudinal tensile tests on coupon considers the cladding for calculating condition leak rate is specified in TS specimens. These test specimens were the allowable g-load. It is true that the 2.1.1. machined from the cladding. The effects LLNL Report used static calculations to The NRC believes that there is of irradiation will increase the Young’s derive the allowable g-load equivalent reasonable assurance that the modulus and yield stress but decrease to the dynamic impact loading. During confinement design is adequately the ductility of the cladding. Figure 5 of an accident drop event, the fuel rigorous and will remain intact under the report shows that the total assembly is subjected to dynamic the normal and accident conditions elongation values for zircaloy do not impact loading and the equivalent static identified by the applicant. Therefore, change significantly with strain rate and g-load is determined by a dynamic the design basis change has been found that the ductility appears to be analysis. The equivalent static g-load is to be conservative and meets applicable independent of the level of the g- then shown to be lower than the regulations. loading. Further, Figure 5 of the report allowable g-load to ensure the fuel Comment No. 8: One commenter shows that the yield strength is cladding integrity is maintained. The requested the criteria for an intact fuel consistently lower than the tensile approach is well established and assembly, the number of pinhole leaks, strength which suggests that significant acceptable. Therefore, the NRC staff has blisters, hairline cracks, and crud. The margin exists between yielding of the found Holtec’s accident analysis to be commenter asked if a visual inspection cladding and gross rupture. The conservative as reflected in SER Chapter is required and stated that just allowable ‘‘g’’ impact force calculation 11 and is therefore acceptable. performing visual exam was inadequate. in the report is based on the yield stress. Comment No. 7: One commenter Response: As proof that the fuel to be Thus, the approach that is used in the stated that the calculated health impacts loaded is undamaged, the NRC will LLNL Report and reflected in the SAR under hypothetical accident conditions accept, as a minimum, a review of the is conservative and acceptable. discussed in Chapter 7 of Holtec’s HI– records to verify that the fuel is Comment No. 6: The same commenter STAR 100 SAR are not 100 percent undamaged, followed by an external stated that Holtec’s calculations rely conservative. Holtec’s original visual examination of the fuel assembly upon the LLNL report’s erroneous hypothetical design basis accident before loading to identify any obvious assumption that the fuel within the condition assumed that 100 percent of damage. For fuel assemblies where

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.091 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48263 reactor records are not available, the regulations. Further, the commenter analysis and should have included an level of proof will be evaluated on a stated that NRC’s methodology for ‘‘85K’’ (Kr-85) dose calculation to the case-by-case basis. The purpose of this calculating the potential dose to skin. demonstration is to provide reasonable children is deficient. Response: The NRC agrees. The assurance that the fuel is undamaged or Response: The NRC disagrees with the applicant should have done an off- that damaged fuel loaded in a storage or comments. While Holtec did not normal condition confinement analysis; transportation cask is confined specifically calculate potential radiation however, the off-normal case dose is (canned). The criteria for intact dose to children, the international approximately a factor of 10 greater than assembly are defined in TS Section 1.1 community and the Federal agencies normal dose. The Holtec normal as being fuel assemblies without known (including EPA and the NRC) agree that condition results show acceptable doses or suspected cladding defects greater the overall annual public dose limit, when the factor of 10 is applied for off- than pinhole leaks or hairline cracks from all sources, should be 1 mSv (100 normal conditions and have been found and which can be handled by normal mrem) which is protective of all acceptable as reflected in the SER. No means. Partial fuel assemblies (fuel individuals. The purpose of the public additional action is necessary to meet assemblies from which fuel rods are dose limit is to limit the lifetime risk applicable NRC regulations. missing) shall not be classified as intact from radiation to a member of the Comment No. 13: One commenter fuel assemblies unless dummy fuel rods general public. Variation of the stated that the licensees’ report on are used to displace an amount of water sensitivity to radiation with age and specific site doses to the public should greater than or equal to that displaced gender is built into the standards which be included in the PDR. by the original fuel rods. are based on a lifetime exposure. A Response: The dose for a site-specific lifetime exposure includes all stages of Radiation Protection location is beyond the scope of this life, from birth to old age. For ease of rulemaking. Licensees are required to Comment No. 9: One commenter implementation, the radiation meet the dose restriction in 10 CFR Part stated that Holtec calculated the standards, that are developed from the 20. radiation dose to an adult 100 meters lifetime risk, limit the annual exposure Comment No. 14: One commenter from the accident due solely to that an individual may receive. asked for a definition of inflatable inhalation of the passing cloud without Consequently, the unrestricted release annulus seal. The commenter further considering other relevant pathways, limit of 0.25 mSv (25 mrem), a small questioned the checks and criteria for such as direct radiation from cesium fraction of the annual public dose limit, surface contamination. and cobalt-60 deposited on the ground, is protective of children as well as other Response: The inflatable annulus seal, resuspension of deposited age groups because the variation of which is discussed in Sections 1.2.2.1, radionuclides, ingestion of sensitivity with age and gender was 8.1, and 10.1.4 of the SAR, is designed contaminated food and water, and accounted for in the selection of the to prevent radionuclide contamination incidental soil ingestion, and does not lifetime risk limit, from which the reflect 10 CFR 72.24(m). annual public dose limit was derived. of the exterior MPC while the cask is Response: The NRC agrees that Holtec The NRC continues to believe that the submerged in a contaminated spent fuel calculated the radiation dose to an adult existing regulations and approved pool. The space between the MPC and 100 meters from the accident due solely methodologies adequately address overpack is filled with clean water and to inhalation of the passing cloud and public health and safety. The issue of is sealed at the top of the MPC with the did not consider direct radiation and dose rates to children was addressed in inflatable annulus seal. After the seal is ingestion. The NRC staff considers the May 21, 1991, Federal Register removed, the upper accessible portion inhalation to be the principal pathway notice (56 FR 23387). of the MPC is examined for for radiation dose to the public, and Comment No. 11: One commenter contamination to verify that the seal Holtec has followed NRC staff guidance asked if the streaming dose rates have remained intact during underwater in making conservative assumptions been measured and if not, will they be loading. NRC found the seal description regarding the source term and duration measured on the first cask loading? and operation to be acceptable. Each of the release. In SER Chapter 10, the Response: There is no NRC regulatory general licensee will develop site- NRC staff found that the radiation requirement to measure streaming dose specific operating procedures that shielding and confinement features of rates at the first cask loading. Further, address the use of the inflatable annulus the cask design are sufficient to meet the the applicant did not provide measured seal. Each general licensee will also radiation protection requirements of 10 dose rates from cask streaming in its operate the HI–STAR 100 under a 10 CFR Part 20, 10 CFR 72.104, and 10 CFR application because it was not required. CFR Part 20 radiological protection 72.106. Section 72.106 addresses The applicant did provide calculated program. postaccident dose limits. streaming dose rates in the SAR Comment No. 15: One commenter When a general licensee uses the cask shielding analysis. The HI–STAR 100 suggested that there should be criteria design, it will review its emergency plan system is designed to eliminate for the distance of dose measuring for effectiveness in accordance with 10 significant streaming paths, and each mechanism from the cask and personnel CFR 72.212. This review will consider user is required to operate the HI–STAR during loading and unloading. interdiction and remedial actions to 100 under a 10 CFR Part 20 radiological Response: NRC disagrees with this monitor releases and pathways based on program. NRC has reasonable assurance suggestion because NRC regulations do the chosen site conditions and the that the general licensee’s radiological not specifically require these criteria for location. Therefore, the pathways protection and ALARA program will dose measurement. Each general identified by the commenter will be detect and mitigate exposures from any licensee is required to operate the HI– addressed in the general licensee’s site significant or unexpected radiation STAR 100 under a 10 CFR Part 20 specific review. fields for each cask loading. radiological program and must develop Comment No. 10: One commenter Comment No. 12: One commenter site-specific operating procedures that stated that Holtec has not specifically stated that the applicant should have include radiological protection dose calculated potential radiation dose to performed a specific analysis for off- surveys that must be conducted during children, and this does not meet NRC normal conditions for confinement loading and unloading operations.

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Sabotage Events similar in design features to ensure the the amount of detail in its Comment No. 16: One commenter detection and assessment of nonproprietary version of its analyses. stated that the current sabotage design unauthorized activities. Alarm Response: The NRC disagrees with the basis is not a bounding accident and annunciations at the general license comment. In Section 4.4.1.1.7 of the that the NRC should consider the effect ISFSI are monitored by the alarm SAR, Holtec addressed the heat transfer of a sabotage event with an anti-tank stations at the reactor site. Response to interaction between the overpacks for a missile. There is a lack of a intrusion alarms is required. Each ISFSI cask array at an ISFSI site. No forced comprehensive assessment of the risks is periodically inspected by NRC, and convection was assumed (e.g. stagnant of sabotage and terrorism against the licensee conducts periodic patrols ambient conditions which would nuclear waste facilities and shipments. and surveillances to ensure that the maximize the interaction heat effect). The NRC staff could impose additional physical protection systems are The applicant further adjusted the heat conditions on dry storage casks and operating within their design limits. It is transfer in accordance with ANSYS Independent Spent Fuel Storage the ISFSI licensee who is responsible for methodology and applied it in the Installations (ISFSIs), e.g., the CoC protecting spent fuel in the casks from calculations. Further, in SER Section could require that an ISFSI be designed sabotage rather than the certificate 4.5.2.1, the NRC staff noted that the with an earthen berm to remove the holder. Comments on the specific applicant considered in its temperature line-of-sight. transportation aspects of the cask calculations that multi-purpose cask The commenter stated that since the system and existing regulations baskets were loaded at design basis early 1980s, the NRC has relied on and specifying what type of sabotage events maximum heat loads, and systems were poorly interpreted an outdated set of must be considered are beyond the considered to be arranged in an ISFSI experiments carried out by Sandia scope of this rulemaking. array and subjected to design basis National Laboratory and Battelle Comment No. 17: One commenter normal ambient conditions with Columbus Laboratories that measured asked whether an evaluation for a truck insulation. The NRC staff concluded in the release of radioactive materials as a bomb sabotage event has been the SER that it has reasonable assurance result of cask sabotage. The NRC has conducted. that the spent fuel cladding will be never estimated the economic and safety Response: The staff has evaluated the protected against degradation by implications of a sabotage event at a effects of a truck bomb located adjacent maintaining the clad temperature below fixed storage facility. Following the to storage casks. Spent fuel in the ISFSI maximum allowable limits. publication of these Sandia study is required to be protected against Miscellaneous Items results, the NRC proposed elimination radiological sabotage using provisions of a number of safety requirements for and requirements as specified in 10 CFR Comment No. 19: One commenter shipments of spent fuel. At least 32 72.212(b)(5). Each utility licensed to asked why a coating without zinc was parties submitted more than 100 pages have an ISFSI at its reactor site is not required for the VSC–24 cask of comments in response to the notice, required to develop physical protection design. The commenter further to which the NRC never publicly plans and install a physical protection questioned why NRC allowed coatings responded. The NRC suspended action system that provides high assurance to be applied to casks because it will on the rulemaking but inappropriately against unauthorized activities that create problems for future DOE waste continues to use the unrevised could constitute an unreasonable risk to disposal. conclusions in the proposed rule as a the public health and safety. The Response: NRC regulations do not basis for its policies on terrorism and physical protection systems at an ISFSI prohibit the use of coatings in a cask sabotage of nuclear shipments. and its associated reactor are similar in design. An applicant must provide Response: The NRC disagrees with the design to ensure the detection and information in its safety analysis report comment. The NRC reviewed potential assessment of unauthorized activities. to support use of coatings. The issues related to possible radiological Response to intrusion alarms is applicant should describe the near and sabotage of storage casks at reactor site required. Each ISFSI is periodically long term effects of the coatings on ISFSIs in the 1990 rulemaking that inspected by NRC, and the licensee systems important to safety including added subparts K and L to 10 CFR Part conducts periodic patrols and the benefits and potential impacts of 72 (55 FR 29181; July 18,1990). NRC surveillances to ensure that security coating use. Based on the applicant’s regulations in 10 CFR Part 72 establish systems are operating within their analysis, the NRC reviews and assesses physical protection requirements for an design limits. The NRC believes that the the use and adequacy of the coatings. ISFSI located within the owner- inherent nature of the spent fuel and the Specific comments relating directly to controlled area of a licensed power spent fuel storage cask provides VSC–24 are beyond the scope of this reactor site. Spent fuel in the ISFSI is adequate protection against a vehicle rulemaking. required to be protected against bomb, and has concluded that there are Comment No. 20: One commenter radiological sabotage using provisions no safety concerns outside the asked why the current HI-STAR 100 is and requirements as specified in 10 CFR controlled area. not an ASME stamped component. Response: NRC regulations do not 72.212(b)(5). Further, specific Thermal Requirements performance criteria are specified in 10 require an ASME stamp for a cask. The CFR Part 73. Each utility licensed to Comment No. 18: One commenter design and fabrication requirements for have an ISFSI at its reactor site is stated that the CoC temperature limits a certified dry cask storage system are required to develop physical protection for the storage cask are deficient because described in 10 CFR Part 72 and the plans and install systems that provide they do not take into account a NRC staff’s Standard Review Plan, high assurance against unauthorized minimum pitch or center-to-center NUREG 1536, ‘‘Standard Review Plan activities that could constitute an distance between casks to be stored in for Dry Cask Storage Systems.’’ unreasonable risk to the public health the ISFSI. Further, Holtec has not Applicant submittals are reviewed to and safety. performed rigorous calculations to the criteria in the Standard Review Plan. The physical protection systems at an support the assigned pitch of 12-foot or Cask fabrication activities are inspected ISFSI and its associated reactor are 4-foot spacing between casks based on by the licensees and the NRC staff to

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.094 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48265 ensure that components are fabricated Comment No. 23: One commenter Response: The tipover, end drops, and as designed. asked how the prepossession or horizontal drop analyses form part of Comment No. 21: One commenter anodization of aluminum surfaces is the structural design basis for the HI- asked a number of questions related to checked and what the criteria were for STAR 100 cask design. Holtec described the Boral and NS–4–FR concerning (1) the inspection. drops and tipover analyses in SAR Whether it has been used ‘‘over time’’ in Response: The NRC disagrees that an Section 3.4.9. The NRC’s evaluation of a cask, (2) the amount of ‘‘creep or inspection is necessary. The only the vendor’s analyses is described in slump’’ that has occurred over time, (3) aluminum used in the MPC–24 or MPC– SER Sections 3.2.3.1 and 3.2.3.2. The how the testing is conducted, and (4) 68 is for the Boral neutron absorbers. NRC found the results of these analyses how the Boral content is tested in the Aluminum forms a very thin, adherent to be satisfactory in that the calculated panels. The commenter further asked if film of aluminum oxide whenever a stresses were within the allowable fabrication is inspected and why no fresh cut surface is exposed to air or criteria of the American Society of surveillance or monitoring program is water, becoming thicker with increasing Mechanical Engineers (ASME) Code. required to check the Boral content. temperatures and in the presence of Before using the HI-STAR 100 casks, the Response: The questions and water (Source: ‘‘Corrosion Resistance of general licensee must evaluate the comments on the Boral neutron absorber Aluminum and Aluminum Alloys,’’ foundation materials to ensure that the are addressed in Sections 6.4.2 and 9.1.4 Metals Handbook, Desk Edition, site characteristics are encompassed by of the SER and Sections 1.2.1.3.1, 6.3.2, American Society for Metals, 1985). the design bases of the approved cask. and 9.1.5.3 of the SAR. The NRC Thus, no inspection or acceptance The events listed in the comment are routinely accepts the use of Boral as a criteria are necessary. among the site-specific considerations neutron absorber for storage cask Comment No. 24: One commenter that must be evaluated by the licensee applications, and it has been used in requested clarification on whether the using the cask. casks. NRC has approved both storage helium will be pure and not mixed with Comment No. 27: One commenter and transportation cask designs that use krypton or xenon that would have an asked whether the design has been Boral. Section 1.2.1.3.1 of the SAR effect on internal pressure or evaluated for a seismic event during describes the historical applications and temperature. The commenter also asked loading and unloading. service experience of Boral. This whether the helium had to be dry. Response: The HI-STAR 100 casks can information indicates that Boral has Response: Only pure helium will be only be wet loaded and unloaded inside been used since the 1950’s and used in used to backfill the cask; no krypton or the fuel handling facility. Generally, baskets since the1960’s. Several utilities xenon gasses will be added during these activities take place in a have also used Boral for nuclear backfill. Technical Specification Table segregated under-water cask loading pit applications such as spent fuel storage 2–1, Footnote 1, specifies that helium which would limit cask movement racks. Based on industry experience, no used for backfill of MPC shall have a during a seismic event. The cask will be credible mechanism for ‘‘creep or purity of ≥99.995%. Acceptable helium supported for a seismic event during slump’’ of Boral in the cask has been purity for dry spent fuel storage was loading and unloading. General identified. defined by R. W. Knoll et al. at Pacific procedure descriptions for these Sections 1.2.1.3.1 and 9.1.5.3 of the Northwest Laboratory (PNL) in operations are summarized in Sections SAR describe the testing procedures for ‘‘Evaluation of Cover Gas Impurities and 8.1 and 8.3 of the SAR. Detailed loading Boral. Boral will be manufactured and Their Effects on the Dry Storage of LWR and unloading procedures are tested under the control and Spent Fuel,’’ PNL–6365, November developed and evaluated on a site- surveillance of a quality assurance and 1987. Helium purity is addressed in specific basis by the licensee using the quality control program that conforms to SAR Section 8.1.4, MPC Fuel Loading, cask. the requirements of 10 CFR Part 72, Step 28, and SER Section 8.1.3. Comment No. 28: One commenter Subpart G. A statistical sample of each Comment No. 25: One commenter questioned whether the method for manufactured lot of Boral is tested by asked whether leakage of gases, cooling has been tested with a real cask. the manufacturer using wet chemistry volatiles, fuel fines, and crud was Response: The NRC regulations and procedures and/or neutron attenuation considered credible and whether the guidance in the Standard Review Plan techniques. analysis addressed this concern. require the review and approval of the The Boral is designed to remain Response: The applicant has design criteria. No testing is required for effective in the HI–STAR 100 system for calculated the postulated annual dose at approval of the design under this a storage period greater than 20 years 100 meters assuming a realistic leakage current rule. The cask user is required and there are no credible means to lose rate consistent with ANSI N14.5 to perform preoperational testing to the Boral. Further, the NRC accepts the Standard ‘‘Leakage Tests on Packages determine the effectiveness of the use of NS–4–FR as a neutron absorber for Shipment for Radioactive Materials’’ cooling methods. for storage cask applications, and it has (1997) and has reflected the results in Comment No. 29: One commenter been used in other casks. Therefore, SAR Chapter 7. The applicant’s analysis questioned whether the manufacturer’s surveillance and monitoring are not addresses the commenter’s concern, and literature for the ‘‘high emissivity’’ paint needed. the calculated dose had been found to on the overpack had been evaluated and Comment No. 22: One commenter be within regulatory guidelines (limits) tested, how the testing was done, and provided a discussion on the VSC–24 and acceptable to the NRC staff. what the results were. The commenter design. The issues included materials, Comment No. 26: One commenter was also questioned whether/how the the use of coatings, the use of March concerned that the cask could drop or painted components were safely stored. Metalfab as a fabricator, calculations tip over in the loading area of the plant The commenter further stated that the being performed when problems are and whether this has been evaluated. paint on the surfaces of the overpack being solved, testing of soils and pads, The commenter was also concerned should be a specified paint, not just a and cask handling temperatures. about a drop or tip over during transfer requirement of ‘‘an emissivity of no less Response: These comments are from the pad or during transport and than 0.85.’’ beyond the scope of the current that all of the analysis seemed to be for Response: The manufacture and rulemaking. the pad. application of high-emissivity paints is

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.095 pfrm03 PsN: 03SER1 48266 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations not a new technology. Several multiple casks and skyshine, are analyses, conditions of the CoC, and manufacturers provide paints with discussed in Sections 5.4.3 and 10.4.1 of other requirements in Parts 20 and 72, specified emissivity ratings. Thermal the SAR. NRC found the dose estimates the NRC has determined that minimum tests are required to confirm the heat to be acceptable. As required in 10 CFR enrichment is not warranted as an transfer capabilities of the inner and 72.212, each general licensee will additional operating control for the HI– intermediate shells and radial channels. perform a site-specific dose evaluation STAR 100. Specific reasons for this Annual cask inspection will check the to demonstrate compliance with Part 72 determination include the following: (1) exterior surface conditions at which radiological requirements. The general the enrichments bound a significant time the paint will be examined and licensee will identify an ISFSI portion of spent fuel, and the source touched up in local areas as necessary. configuration and may elect to use terms are calculated for burnups The NRC does not believe that additional engineered features of its significantly higher than those allowed identifying a specific brand name of choosing, such as shield walls, a domed in the CoC; (2) the radiological source paint is required. There are several cover, or berms, to ensure compliance terms are adequately controlled in the suppliers who manufacture paints with with radiological requirements. Section CoC by limits on maximum burnup, the specified emissivity. The NRC has 1.4.7 of Appendix B to the CoC requires minimum cooling time, maximum reviewed the applicant’s analysis and that any such engineered feature be initial uranium loading, and maximum found that paints with an emissivity considered important to safety and decay heat; (3) dose rates are controlled greater than 0.85 are acceptable. evaluated to determine the applicable in the CoC by specific dose limits for the Comment No. 30: One commenter quality assurance category. top and side of the cask that are based questioned the drain down time and Comment No. 32: One commenter on values calculated in the shielding asked how frequently the water is questioned what the criteria were for the analysis; (4) each general licensee will checked. The commenter requested polyester resin ‘‘poured’’ into radial perform a site-specific dose evaluation information on what happens if the channels, how they were tested, to demonstrate compliance with Part 72 MPC can’t be vacuum dried successfully handled and inspected, and whether radiological requirements; and (5) each and when the fuel needs to be put back they had been tested in a real cask. The general licensee will operate the ISFSI in the spent fuel pool. commenter questioned whether a under a Part 20 radiological protection Response: The drain down time is not ‘‘poured’’ neutron shield was really safe program. specified in the TSs but is part of the and whether uncontrolled voids caused NRC agrees with the comment that the vacuum drying procedure. The TSs state a problem with occupational dose preliminary SER term of ‘‘low that the vacuum drying must be requirements. The commenter stated probability’’ may not provide definite completed within 7 days. There is not that poured neutron shields should not criteria for general license cask users a specific procedure in the application be used. regarding limitations on minimum to monitor the water content; however, Response: The NRC has reviewed enrichment. Therefore, Chapter 5 of the that will be addressed by the cask user Holtec’s application that described the SER has been revised to clarify that on a site-specific basis and is beyond neutron shielding to be used to meet the minimum enrichment is not an the scope of this rulemaking. If the requirements of 10 CFR 72.104 and operating control for the HI–STAR 100. drying process is unsuccessful and the 72.106. The NRC found the Holtec Comment No. 34: One commenter TS requirements cannot be met within approach acceptable. The methods for asked what has been considered as 30 days, the fuel assemblies must be testing, handling, and inspecting credible ways to lose the fixed neutron moved from the cask and be placed in installation of the shielding are beyond poisons. the spent fuel pool. the scope of this rulemaking. However, Response: The NRC staff does not Comment No. 31: One commenter poured neutron shielding has been consider the loss of fixed neutron requested information on the cask successfully used in other cask designs. poisons to be credible after they are storage array on the pad and the Comment No. 33: One commenter installed into the cask because the radiation affect from other casks in a full stated that appropriate limits for burnup poisons are fixed in place and cask array. The commenter further should be specified in the CoC. The contained. requested information on how the commenter is concerned that the SAR Comment No. 35: A commenter applicant/certificate holder/licensee analysis assumed significantly higher questioned how the welds of the MPC will examine and/or test the HI STAR burnups than allowed and significantly lid and closure ring are tested and asked 100 and who was actually responsible higher initial uranium loading than for the acceptance criteria. for the test. The commenter questioned specified in the table. Response: Information on the welds is whether a domed cask cover would be Response: Burnup, cooling time, contained in SAR Tables 9.1.1, 9.1.2, better for runoff and sky shine concerns. initial uranium loading, and initial and 9.1.3. Response: The applicant performed a enrichment are parameters that affect Comment No. 36: One commenter shielding analysis that included a three- the total source term (radioactivity) of asked whether shims are used and by-three cask array (square) model to spent fuel. The applicant’s source term stated that shims or gaps were not simulate the average dose contribution analysis assumed higher uranium acceptable. from the center cask, which is partially loadings and higher burnups than those Response: There are no shims used in shielded by the surrounding periphery specified in TSs of the CoC. Therefore, the closure weld of the HI–STAR 100 casks. This value is applied in an offsite the radiological source term is casks. The only shims used are located dose formula used to estimate offsite conservative relative to the allowed between the canister and the overpack doses from every cask in the array. The burnups and uranium loadings. at basket support locations to provide center-to-center cask pitch was assumed As discussed in Section 5.2.1 of the additional support for the basket to be 12 feet in the shielding analyses. preliminary SER, for the same level of supports. The actual thickness of the Testing of the actual as-installed burnup, neutron source terms typically shim will depend on the gaps between configuration will be performed by the increase as initial enrichment decreases. the cask and the inside cavity of the cask user and will be evaluated at that Therefore, the source term analysis overpack at the basket support time. Offsite dose estimates for a typical employed lower-than-average locations. Gaps between separate ISFSI array, including the affects of enrichment values. Based on the SAR components such as the cask and the

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The commenter believes that SAR has arbitrarily set a replacement Response: NRC accepts welded volumetric welds should be required schedule for every 5 years to assure closure of casks. The regulations do not because if you don’t know for sure the functionality. require monitoring or testing of welds real size of the actual weld, how can Comment No. 45: One commenter because there are no expected you accept a certain flaw size? The asked if the casks are checked in winter degradation mechanisms identified commenter asked how the permanent for ice and snow loads or ice around the during the cask usage life. However, record is kept and stated that black and base and if the pads will be kept clean. both the fabricator and cask user will white photographs should be used as a Response: Casks are designed for the examine and inspect all welds as permanent record. worst ice and snow loads possible. Ice appropriate. Response: NRC disagrees with this build-ups around the cask base are not Comment No. 38: One commenter comment. The NRC position on allowed, and the pad will be kept clean. stated that the detailed loading and inspection of closure welds is contained Site-specific procedures will address unloading procedures developed by in ISG–4, ‘‘Cask Closure Weld these items. each cask user should be put in the Inspections.’’ Actual cask welds are Comment No. 46: One commenter PDR. examined in accordance with site- questioned if there was an evaluation Response: Loading and unloading specific procedures that are beyond the for a plane crash, with a fuel fire, into procedures are site-specific issues not scope of rulemaking for the HI–STAR a cask or full cask array conducted and required for design approval and are 100 system. Nondestructive whether there is a stipulation as to beyond the scope of this rulemaking. Examination (NDE) methods are putting a pad in an area where planes Comment No. 39: One commenter specified in accordance with Section III regularly fly. asked how long before an ultrasonic ‘‘Rules for Construction of Nuclear Response: Before using the HI–STAR testing examination is conducted should Power Plant Components,’’ and Section 100 casks, the general licensee must the equipment be calibrated. V ‘‘Nondestructive Examination,’’ of the evaluate the site to determine whether Response: Comments on the site- ASME Code and are already described or not the chosen site parameters are specific examination techniques and in SAR Tables 9.1.1, 9.1.2, and 9.1.3. A enveloped by the design bases of the associated calibration are beyond the permanent record of completed welds approved cask as required by 10 CFR scope of rulemaking for the HI–STAR will be made using video, photographic, 72.212(b)(3). The licensee’s site 100 system. or other means that can provide a evaluation should consider the effects of Comment No. 40: One commenter was retrievable record of weld integrity. As nearby transportation and military concerned over the possibility that the per accepted industry practice, the activities. Generally, a cask’s inherent bolts could rust and crack over time or record is typically in color format, in become brittle and crack because water, order to capture the red dye typically design will withstand tornado missiles ice, and frost could get into the bolt used for PT examinations. and collision forces imposed by light holes over the years. Comment No. 43: One commenter general aviation aircraft (i.e., 1500–2000 Response: The NRC disagrees with believed that the marking material for pounds) that constitute the majority of this concern over the integrity of the the casks should be designated and that aircraft in operation today. The events bolting material. The 54, 15⁄8-inch- the mark needed to be permanent. listed in the comment are among the diameter, closure plate bolts are made Response: NRC agrees with the site-specific considerations that must be from ASME SB–637–N07718 material comment. The storage marking evaluated and are beyond the scope of per SAR BM–1476. N07718, a nickel- nameplate is made from a 4-inch by 10- this rulemaking. chromium alloy, does not become brittle inch, 14-gauge Type 304 stainless steel Comment No. 47: One commenter at colder temperatures. N07718 is a high sheet and welded to the outside of the questioned why Holtec stated that the strength, corrosion resistant material HI–STAR 100 Overpack. Lettering will HI–STAR 100 could be part of the final used in applications with a temperature be etched or stamped on the plate. geologic disposal system. range from ¥423 °F (¥253 °C) to 1300 Details are shown in SAR Drawing 1397, Response: The NRC is not reviewing °F (704 °C) (Source: Inconel Alloy 718, Sheet 4 of 7, and described in SER this design for use in a final geologic Inco Alloys International, fourth Section 9.1.6. The nameplate will disposal system, but only for interim edition, 1985). This material will not provide appropriate cask identification storage under Part 72. rust, unlike carbon steels in corrosive that will last well beyond the design life Comment No. 48: One commenter environments. In addition, the material of the HI–STAR 100 system. No asked where the MPC shell weld is retains significant ductility down to nonpermanent marking will be used. located and if the pocket trunnions at ¥320 °F (¥196 °C) as shown by impact Comment No. 44: One commenter the bottom of the overpack have been test results (Source: Inconel Alloy 718, requested information on ‘‘rupture disc analyzed specifically for tipovers and Table 27). Therefore, the NRC has no replacements,’’ how they are tested for falls. concerns about the bolting material. replacement, what the time criteria are, Response: The MPC shell has Comment No. 41: One commenter and what is considered a rupture. multiple welds located both asked what type of radiographic exam is Response: The rupture disc is located longitudinally on the side of the MPC applicable and where it would be in the neutron shield tank of the HI– and circumferentially on the top and conducted. STAR 100 casks. The purpose of the bottom of the MPC. The pocket Response: SAR Tables 9.1.1, 9.1.2, rupture disc is to limit pressure build- trunnions at the bottom overpack have and 9.1.3 describe which radiographic ups to a precalculated level within the been analyzed by the applicant for exams are to be performed and when neutron shield tank during the fire tipovers and falls. The NRC reviewed they are required to be performed. accident condition. When the pressure the design for normal, off-normal, and

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.098 pfrm03 PsN: 03SER1 48268 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations accident conditions, and found it exceeds 12 kW). No additional testing is actions are required and have they been acceptable. required for a system after it has been evaluated (TS B3.1.8–3)? Comment No. 49: One commenter tested at a heat load greater than or Response: The NRC staff has stated that the lifting and pocket equal to 16 kW. evaluated this condition. The TSs trunnions should be checked over the The cask user will provide a letter require that if the MPC gas temperature years for cracking or brittleness and for report to the NRC in accordance with 10 is exceeded during unloading, no debris accumulation and should be kept CFR 72.4 summarizing the results of additional operational actions may be ready for use over the years. each of these validation tests. Cask users conducted until the temperature is Response: The NRC agrees with this may also satisfy these testing and restored to below the TS limit. comment. As shown in SAR Table 9.2.1, reporting requirements by referencing Comment No. 57: One commenter lifting trunnion and pocket trunnion validation test reports submitted to the asked if ‘‘dry’’ unloading operations are recesses are visually inspected before NRC by other cask users with identical considered. the next handling operation after HI– designs and heat loads. Response: A dry unloading operation STAR 100 casks are placed on the ISFSI Comment No. 53: One commenter was not requested or explicitly pad. The trunnion material has been asked how much water is to be drained described in the SAR and thus is not evaluated for brittle fracture and found under the MPC lid before welding and currently allowed for the HI–STAR 100 to be satisfactory for the operating how the temperature enters into the system and is beyond the scope of this temperature range. In addition, the calculations. rulemaking. Response: Chapter 8 of the SAR trunnions are load tested in accordance Comment No. 58: One commenter directs the operators to pump with ANSI N14.6, ‘‘American National questioned if crud disposal is a problem approximately 120 gallons of water from Standard for Radioactive Materials— and how it can be mitigated. the MPC before commencing welding Special Lifting Devices for Shipping Response: Dispersal of crud is beyond operations. The water level is lowered Containers Weighing 10000 Pounds the scope of this rulemaking and is a to keep moisture away from the weld (4500 kg) or More.’’ Thus, there is no site-specific issue. Experience with wet region. Under these conditions, ample credible reason to suspect undetected unloading of some fuel types after water remains inside the MCP to cracking or brittleness. The pocket transportation has involved handling maintain cladding temperatures well trunnion recess is closed by a pocket significant amounts of crud. However, below their short term limits. This trunnion plug during storage. There is the NRC notes that the HI–STAR generic operating condition has been evaluated no possibility of animal and bird access unloading procedures mitigate crud by the NRC. The resulting temperature and nesting in the recess. dispersal. As discussed in Section 8.3.1 Comment No. 50: One commenter increase is much less than any of the SAR, these procedures include requested information on the criteria for previously analyzed accident condition gas sampling of the MPC internal the critical flaw size. might produce. atmosphere and specific cool-down Response: The criteria for critical flaw Comment No. 54: One commenter steps. Each cask user will develop size are included in ISG No. 4, ‘‘Cask asked how lifting height should be additional site-specific unloading Closure Weld Inspections.’’ The NRC verified and stated that the height procedures based on its radiological review determined that Holtec’s should be recorded. protection program to further address proposed methodology is consistent Response: The maximum lifting and mitigate crud dispersal. with this ISG. height maintains the operating Comment No. 51: One commenter conditions of the Spent Fuel Storage Comment No. 59: The applicant made asked how subcontractors are to be Cask (SFSC) within the design and comments relevant to the helium audited and inspected. analysis basis. It is the general licensee’s backfill pressure of the cask. After Response: This comment is beyond responsibility to limit the SFSC lifting discussions with the NRC staff, Holtec the scope of this rulemaking. height to allowable values. The lift withdrew this comment during a Comment No. 52: One commenter height requirements are specified in TS telephone conversation on 5/7/99. believed that the first cask for each LCO 2.1.7 for the vertical and horizontal Response: Not applicable. utility should be tested at a full heat orientations. Surveillance requirements Comments on Proposed TSs load and asked what is meant by the require verification that SFSC lifting ‘‘First System In Place’’ requirement. requirements are met after the SFSC is Upon review of the public comments Response: The heat transfer either suspended or secured in the received on the proposed TSs for the characteristics of the cask system will be transporter and prior to moving the HI–STAR–100 Storage Cask, particularly recorded by temperature measurements SFSC within the ISFSI. comments received from EXCEL for the first HI-STAR 100 systems Comment No. 55: One commenter Corporation and the Holtec Users (MPC–24 and MPC–68) placed into questioned how the MPC closure ring, Group, the NRC staff has determined service with a heatload greater than or lid, vent, and drain covers are removed that several structural changes to the equal to 10 kW. An analysis shall be during unloading and what precautions TSs were in order. These changes result performed by the cask user that are taken. in a clearer set of TSs and move the TSs demonstrates that the temperature Response: The specific procedures for from the new generation of dual- measurements validate the analytical removal of the closure ring, lid, vent, purpose cask systems toward a methods and the predicted thermal and drain covers are to be developed by standardized format. behavior described in Chapter 4 of the the cask user. These procedures will be Comment No. 60: It was suggested SAR. evaluated by the licensee and by the that controlling the bases for the TSs as The cask user will perform validation NRC during inspections to address part of the CoC would result in tests for each subsequent cask system adequacy and implementation and, administrative burdens to all involved. that has a heat load that exceeds a therefore, are beyond the scope of this These bases are not controlled as part of previously validated heat load by more rulemaking. power reactor licenses. than 2 kW (e.g., if the initial test was Comment No. 56: One commenter Response: The NRC staff agrees. conducted at 10 kW, then no additional questioned that if the MPC gas Therefore, the bases have been relocated testing is needed until the heat load temperature is not met, what additional to an appendix to the SAR.

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Comment No. 61: A number of with other devices is not prohibited. Response: The NRC agrees with the commenters also raised concerns with The commenter recommended similar comment. Section 2.1 of the TSs has the inclusion of the extensive fuel changes to the definition of ‘‘LOADING been revised based on these and similar specifications (formerly Section 2.0) and OPERATIONS’’ and ‘‘UNLOADING comments received to combine these a very lengthy design specification OPERATIONS.’’ TSs. section (formerly Section 4.0). Response: The NRC disagrees. The Comment No. 70: One commenter Response: The NRC staff agrees that definitions of the three terms in stated that the frequency of SR 3.1.7.1 placement of much of this information question do not prohibit lifting of a cask should be revised because, as written, in the TSs is unwarranted. Therefore, with other devices (the revised note in the frequency would apply only when a much of the information regarding fuel TS 2.1.3 clarifies this issue), nor do the cask is being moved to or from the ISFSI specifications and some of the design definitions affect the lifting and would not apply at other times, and codes information were moved from requirements contained in TS 2.1.3. such as when moving casks within the the TSs to a separate appendix to the Comment No. 64: One commenter ISFSI. However, the drop analysis CoC. However, the NRC staff did stated that it would increase the applies any time the cask is suspended. maintain some of the information standardization of the TSs by relocating The frequency should be revised similar regarding requirements for bases the explanatory information of the to ‘‘Prior to movement of an SFSC.’’ controls by adding it to a revised defined terms in TS Section 1.0 to the Response: The NRC agrees with the Section 3.0, ‘‘Administrative Controls TS Bases. comment. The frequency of SR 3.1.7.1 and Programs,’’ of the TSs. Response: The NRC disagrees with the has been revised. Upon consideration of public comment. The terms defined in TS Comment No. 71: One commenter comments and further consideration Section 1.0 are important in the recommended that TS Sections 4.1 and within the NRC, the NRC staff has understanding of the TS requirements. 4.2 be eliminated because they contain determined that the structure of TS These definitions need to be contained no unique information. Section 2.1, ‘‘SFSC INTEGRITY,’’ did within the TSs. This practice is Response: NRC agrees with the not provide appropriately clear consistent with the standard TSs comment. Sections 4.1 and 4.2 have guidance. Therefore, the NRC staff has developed for the U.S. nuclear power been eliminated. revised this section of the TSs to reflect reactors. Comment No. 72: One commenter a more logical and focused approach. Comment No. 65: One commenter recommended relocating the The number of limiting conditions for stated that in Examples 1.3–2 and 1.3– information contained in TS Sections operations (LCOs) in this section has 3, the word ‘‘action’’ should be 4.3 and 4.5 to the SAR, and been reduced to four. The NRC staff capitalized. recommended eliminating TS Section believes that this will enhance the Response: The NRC agrees. The word 4.4, stating that this section is a usefulness of the TSs. ‘‘action’’ has been capitalized. duplication of existing regulatory Comment No. 62: One commenter Comment No. 66: One commenter requirements. stated that if surface contamination recommended the removal of portions Response: The NRC agrees in part. exceeds 2200 dpm/100 cm2 from of Table 2.1–1 and all of Table 2.1–2 The NRC staff agrees that these sections gamma and beta emitting sources, and and Table 2.1–3 from the TSs. do not belong in the TSs. This design smearable contamination limits cannot Response: The NRC agrees, in part, information has been relocated to be reduced to acceptable levels, the TSs that this information should be moved. Appendix B to the CoC. The NRC staff require actions up to and including This design information is crucial to the disagrees with the commenter’s removal of the MPC from the HI–STAR conclusions reached by the NRC staff in proposal to eliminate or relocate these 100 overpack after removing the spent its SER; therefore, the design sections to the SAR. The NRC has fuel from the MPC. The commenter information contained in these tables relocated these sections to Appendix B stated that the proposed Skull Valley has been relocated (and renumbered) to to the CoC due to the importance of the ISFSI in Utah does not have facilities for a separate appendix to the CoC, along design information contained in these decontaminating casks and, therefore, with other critical design information. sections. The NRC staff also disagrees these TSs could not be met. Comment No. 67: One commenter with the comment that TS Section 4.4 Response: The NRC agrees in part. recommended a change to the format of is a duplicate of existing regulations, The revised version of the TSs (TS 2.2.2) the Titles of Tables 2.1–1, 2.1–2, 2.1–3, since this section contains the requires verification that removable and 2.1–4. acceptance criteria for the site-specific contamination is within limits during Response: The NRC agrees with the design parameters. loading operations and provides up to 7 comment. The format has been changed. Comment No. 73: A commenter days to restore the contamination within Comment No. 68: One commenter recommended relocating the limits. The specifications no longer list recommended a wording change in TS information contained in TS Sections MPC or spent fuel removal actions. Section 3.0 from ‘‘not applicable to an 4.6 and 4.8 to an Administrative Further, comments on the proposed site- SFSC’’ to ‘‘not applicable.’’ Controls chapter due to their content specific Skull Valley ISFSI currently Response: The NRC agrees with this and relocating Section 4.7 to the SAR under review are beyond the scope of comment and has made the indicated because it is a one-time administrative this rulemaking. Decontamination change. task. requirements will be reviewed as part of Comment No. 69: One commenter Response: The NRC agrees in part. the site-specific licensing provisions stated that there is no need to create two The NRC staff agrees that these sections under Part 72 Subpart B for the Skull specifications for TS 3.1.1, MPC Cavity belong in the administrative section of Valley ISFSI. Vacuum Drying Pressure, and TS 3.1.2, the TSs and has placed this information Comment No. 63: One commenter OVERPACK Annulus Vacuum Drying in a new TS Chapter 3.0, stated that the definition of Pressure. In addition, the commenter ‘‘Administrative Controls and ‘‘TRANSPORT OPERATIONS’’ needs to indicated there is no need to create two Programs.’’ The NRC staff disagrees with be revised to reflect that the drop specifications for TS 3.1.5, MPC Helium the commenter on the proper location of analysis is not limited to drops from the Leak Rate, and TS 3.1.6, OVERPACK Section 4.7 (now TS Section 3.2), transporter, and that lifting of a cask Helium Leak Rate. because it is established NRC staff

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.103 pfrm03 PsN: 03SER1 48270 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations practice to place important measurements, only ‘‘each cask with convection heat transfer, for which administrative requirements, even one- subsequently loaded with a higher heat no credit is taken in the application. time requirements, in the TSs. load.’’ NRC’s intent to require a written Response: The NRC agrees with the Comment No. 74: A commenter stated report for the first temperature comment and has revised renumbered that TS 3.1.8 contains conflicts because measurements is not clear. The TS Table 2–1. the APPLICABILITY statement, and the commenter further stated that it is not Comment No. 85: One commenter COMPLETION TIME when the clear what ‘‘calculation’’ is being recommended that TS 4.3.1 be revised condition is not met, are the same referred to in the last two sentences, to allow for changes to codes and statement. The commenter further whether it is the original design standards because it would provide both recommended that because of its calculation or a new calculation the vendor and the NRC the flexibility complexity and rarity of its use, this generated from the test. The commenter to add exceptions/alternatives to the specification be eliminated and the further recommended the addition of code without amending the certificate. information specified in the SAR. ‘‘decay heat’’ after ‘‘lesser’’ and before Response: The NRC agrees with the Response: The NRC agrees in part. ‘‘loads’’ in the last line. comment. Section 1.3.2 of Appendix B The NRC agrees with the first point. TS Response: The NRC agrees with these has been revised accordingly. 2.1.4 has been rewritten to remove this comments, except for the Comment No. 86: The applicant conflict. The NRC staff disagrees with recommendation to add the phrase recommended in TS Section 4.4.6, the the second point and considers this ‘‘decay heat,’’ which the NRC considers revision of the soil effective modulus of information important to the proper unnecessary. TS Section 3.3 has been elasticity from ‘‘≤6,000psi’’ to ‘‘≤28,000 operation of the cask system. Further, revised to clarify the reporting psi.’’ In addition, the commenter the changes made to this section resolve requirements and the calculational recommended an acceptable method for concerns regarding its complexity. comparison required by this TS licensees to comply with the soil Comment No. 75: One commenter condition. modulus limit. recommended relocating the figure Comment No. 80: One commenter Response: The NRC agrees with the attached to TS 3.2.1 to the TS Bases, recommended some editorial changes to comment. The information has been because the purpose of the figure is to revise TS Bases 2.2.2 and 2.2.3 to clarify added to Appendix B to the CoC. show where dose measurements should that 10 CFR 72.75 has additional Comment No. 87: One commenter be taken. reporting requirements that may need to recommended the addition of a third Response: The NRC disagrees with be met independent of these TS option to TS LCO 3.1.7 and Bases B3.1.7 this comment. This figure, now attached requirements. (or elsewhere in the TSs) that allows to TS 2.2.1, is an integral part of the Response: The NRC agrees with the general licensees to calculate site- proper implementation of this TS and comment. A reference to 10 CFR 72.75 specific lifting requirements based on assures that the dose measurements will has been added to Appendix B to the the site-specific pad design and be taken at the proper locations. CoC. associated drop/tipover analyses. Comment No. 76: The commenter Comment No. 81: One commenter Response: The NRC agrees with the stated that the TSs do not comply with recommended adding a new definition comment. TS LCO 2.1.3 has been 10 CFR 72.44(d) that requires TSs on for fuel building to the TSs. revised to add this option. radioactive effluents. Response: The NRC agrees with the Response: The NRC agrees with this Comment No. 88: One commenter comment. A definition for fuel building comment. TS Section 3.0 has been believed that the 48-hour time limit has been added to the TSs. revised to incorporate the requirements within TSs 3.1.1 through 3.1.6 is overly of 10 CFR 72.44(b). Comment No. 82: One commenter restrictive. Comment No. 77: One commenter recommended editorially revising TS Response: The NRC agrees with this recommended that within TS Section LCO 3.1.7, ‘‘SFSC Lifting Requirements’’ comment in part. Accordingly, the NRC 1.1, the definition for ‘‘Intact Fuel and the related bases to clarify the has reviewed the time limit in each Assembly’’ should be revised to state applicability. The revision is necessary applicable TS. Some of the time limits ‘‘ * * * an amount of water greater than because the LCO is not intended to be have been extended to provide for a or equal to * * *,’’ adding the term applicable while the transport vehicle is controlled, deliberate response to the ‘‘greater than or’’ to allow greater in the fuel building or when the cask is LCO condition. flexibility with respect to dummy rod secured on a railcar or heavy haul trailer Comment No. 89: One commenter sizing. because the cask is not being lifted. recommended the deletion of the Design Response: The NRC agrees with the Response: The NRC agrees with the Features, Section 4.6, Training Module, comment and has revised the definition. comment. TS 2.1.3 has been revised and Section 4.7, Pre-Operational Testing Comment No. 78: One commenter accordingly. and Training Exercise because the recommended that within TS Table 2.1– Comment No. 83: One commenter review of the training program is 1, Item II.B should be reworded for recommended a revision to TS Tables required by 10 CFR 72.212(b)(6) and the clarification because the current 2.1–2 and 2.1–3, Note 1, for the TS duplicates the requirement in the wording could be misinterpreted by purposes of clarification and to allow regulation. users that intact fuel assemblies are for manufacturer tolerances. Response: The NRC agrees in part. required to be loaded into damaged fuel Response: The NRC agrees with the The NRC agrees that there is duplication containers. comment. The recommended changes to in the TSs and the regulatory Response: The NRC agrees with the the tables have been made. The table requirements. Accordingly, TS 3.1 comment. The table, which has been has been relocated to Appendix B of the (previously Section 4.6) has been relocated to Appendix B, has been CoC. modified to reference the general revised. Comment No. 84: One commenter licensee’s systematic approach to Comment No. 79: One commenter recommended the revision of TS Table training. However, the NRC staff requested clarification of TS Section 4. 3–1, Item 1.c, to change the lower believes that listing the training As written, the text does not require a helium tolerance to 10 percent because exercises as a specific requirement for written report of the results of the first the smaller tolerances were associated proper cask operation is appropriate to

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.104 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48271 be included in the TSs, and it has been controls. The SAR or SER does not Section 8.1.2 of the SER that states: maintained. specify which entity must perform each ‘‘Each cask user will need to develop Comment No. 90: One commenter test. This is because some tests are detailed loading procedures that recommended adding ‘‘diesel’’ before performed during fabrication, while incorporate the ALARA objectives of ‘‘fuel’’ in TS Section 4.4.5 and in SER others can only be performed after their site-specific radiation protection Sections 3.1.2.1.8, 4.3.4, and 4.4.3.4 for installation. The quality assurance program.’’ Therefore, each user can clarification. programs implemented by the develop site-specific operating Response: The NRC agrees fabricator, certificate holder, or procedures based on ALARA objectives conceptually with the comment. TS applicant with appropriate oversight that would include the use of manual Section 4.4.5 (now 1.4.5 of Appendix B) will ensure that these SAR specified welding and make changes to the SAR and SER Sections 3.1.2.1.8, 4.3.4, and tests are completed and are effective. in accordance with 10 CFR 72.48. 4.4.3.4 have been revised to refer to Further, the NRC inspection program Comment No. 100: One commenter combustible transporter fuel. also verifies on a sampling basis that recommended that SER Section 8.3.1, tests and surveillances are conducted as Comments on the Draft CoC which discusses the evaluation of required. cooling, venting, and reflooding during Comment No. 91: Two commenters Comment No. 96: One commenter cask unloading operations, should be recommended that CoC Condition 10 be recommended revising the last sentence revised to allow the option of a once- revised to be consistent with 10 CFR of the first paragraph of SER Section through purge in lieu of the closed-loop 72.48 for the cask design and operating 3.1.2.1.6 to read: ‘‘The design-basis cooling system. procedures. Another commenter stated earthquake accelerations are assumed to Response: The NRC disagrees with that Condition 10 was not clear. be applied at the top of the ISFSI this comment. An amendment Response: The NRC agrees with the concrete pad with the resulting inertia application with a specific design and comments. The applicable CoC forces applied at the HI–STAR 100 mass supporting analysis for a once-through condition has been revised to delete the center.’’ helium cooling system would be prescriptive controls for making changes Response: The NRC agrees with the required for NRC review and is beyond to the cask design and operating comment. The SER has been revised. the scope of this rulemaking. Comment No. 97: One commenter procedures. The condition now reflects Comment No. 101: One commenter recommended in SER Section 3.1.4.4, in 10 CFR 72.48 as recently approved by noted that a more appropriate method to the first paragraph, the replacement of the Commission. implement the thermal test for the ‘‘* * * the fabricator is an accredited Comment No. 92: Two commenters overpack had been accepted by the NRC facility by the ASME for nuclear recommended that a Bases Control for the HI–STAR 100 transportation cask fabrication work holding ‘‘N’’ and Program be added to the TSs or CoC. and recommended this method be used Response: The NRC disagrees with the ‘‘NPT’’ stamps, * * *’’ with ‘‘* * * the for this cask design. Appropriate comment. The proposed TS bases are HI–STAR 100 System is designed in changes were recommended to be made part of the SAR. Because 10 CFR 72.48 accordance with the ASME Code, as to the SER and SAR. provides a change process for the SAR clarified by the exceptions to the Code Response: The NRC agrees that this for control of the bases, there is no need listed in TS Table 4–1.’’ method should be included in the SAR to incorporate this program into the CoC Response: The NRC agrees with the for the HI–STAR 100 storage cask. or TSs. comment. The SER has been revised. Appropriate changes have been made to Comment No. 93: One commenter Note that the table is now in Appendix Section 9.1.6 of the SAR and Chapter 9 requested information on the status of a B. of the SER. petition for rulemaking on the change Comment No. 98: One commenter Comment No. 102: The applicant process in 10 CFR 72.48. recommended that in SER Section 6.3, Response: This comment is beyond the word ‘‘minimum’’ be replaced with submitted numerous editorial comments the scope of this rulemaking. ‘‘maximum’’ in the third sentence of the on the SAR, SER, and CoC. Comments Comment No. 94: One commenter first full paragraph to match the were intended as clarification, stated that the description of the analysis. restoration of deleted information, attachment to the CoC was in error. Response: The NRC agrees with the grammatical corrections, corrections to Response: The NRC agrees with this comment. The SER has been revised to text, to maintain consistency between comment. The description has been correct the error. documents, typographical corrections, corrected. Comment No. 99: One commenter format changes, and to correct stated that SER Section 8.1.4, which terminology. These editorial changes do Comments on the NRC Staff’s SER discusses the evaluation of welding and not change the design of the cask or Comment No. 95: One commenter sealing procedures, should be revised to supporting analysis. asked a question about what is meant by recognize the option of performing Response: The NRC agrees with many the statement included in the NRC SER manual welding of the MPC lid closure of the editorial comments suggested by in Section 9.3 related to the examination weld in accordance with a user’s as low Holtec International. The SAR, SER, and and/or testing of the HI–STAR 100 by as reasonably achievable (ALARA) CoC have been revised to address the the applicant/certification holder/ practices. comments as appropriate. licensee. Response: The NRC disagrees with the Comments on the Applicant’s Topical Response: The SER refers to Section comment. As discussed in Sections 8.1 SAR 9.1 of the applicant’s SAR. This section and 10.1 of the SAR, the use of the summarizes the scope and acceptance Automated Weld System provides Note: In response to comments received, a criteria for the HI–STAR 100 test justification that the HI–STAR 100 is number of changes to the SAR were made by program. It includes fabrication and designed in accordance with Part 72 Holtec International, as discussed below. nondestructive examinations, weld radiological requirements and ALARA Comment No. 103: One commenter inspecting, structural and pressure tests, objectives consistent with Part 20. proposed a revision to the language in leakage tests, component tests, and However, the intent of the proposed Section 8.0 of the SAR to clarify that shielding and integrity testing and SER revision is already implied in users will have some flexibility to use

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.106 pfrm03 PsN: 03SER1 48272 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations procedures and equipment suitable for Response: The NRC agrees that the several changes to the SER as follows: site-specific needs and capabilities. changes to the drawings were SER Section 8.1.4 should be changed to Response: The NRC agrees with the appropriate and do not result in any add ‘‘(or optional multi-layer PT suggested editorial changes. The changes to the supporting design examination),’’ after ‘‘ultrasonic changes to the SAR have been made. analyses. The SAR drawings have been examination (UT)’’; the SER should Comment No. 104: One commenter revised in accordance with the recognize that users may choose to recommended some editorial changes suggested changes. perform the MPC void-to-shell weld within SAR Section 4.4, because the Comment No. 109: The applicant manually; and SER Section 11.4.1.3.1 wording in Subsection 4.1.1.15 may be suggested using Magnetic Particle should be reworded to read ‘‘examined erroneously interpreted to mean that the Examination in lieu of Liquid Penetrant using UT or multi-layer PT techniques,’’ chilled helium delivered to the MPC Examination for the overpack weld instead of ‘‘volumetrically examined cavity to cool the internals prior to examination and recommended changes using UT.’’ flooding the cavity with water must be to the associated drawing notes. Response: The NRC agrees and notes at 100 °F. The commenter stated that the Response: The NRC agrees with this that the applicant’s comments with text of the SAR requires clarification to suggested change. The NRC agrees that respect to TS Table 4–1 have been permit each cask user’s cooldown resolution of this comment will involve superseded by its latest revision to the system to be engineered with the a change to the drawings which will SAR. Changes have been made to Table flexibility to cool MPCs containing fuel mean that drawings referencing this 1–3 to Appendix B. The SER has been with varying levels of decay heat examination shall be different for the revised as recommended. storage and transportation certificates. production. Summary of Final Revisions Response: The NRC agrees with the These differences are not significant The NRC staff modified the listing for comment. The SAR has been revised. because the staff finds Magnetic Particle the Holtec International HI–STAR 100 Comment No. 105: In SAR Section Examination to be equally acceptable to cask system within 10 CFR 72.214, ‘‘List 1.5, Drawings 1399, Sheet 3, and BM– Liquid Penetrant Examination. of approved spent fuel storage casks,’’ 1476, and in Drawing Section ‘‘N–N,’’ Appropriate changes to the drawings with respect to the title of the SAR as one commenter recommended the have been made. well as the CoC and its two appendices, addition of four threaded holes spaced Comment No. 110: The applicant the TSs, and the Approved Contents and 90 degrees apart as a personnel dose suggested a clarification for the Design Features. The NRC staff has also reduction enhancement. The new holes sequence for the hydrostatic testing and modified its SER. would allow the personnel attaching the helium leakage testing during shield to work in an area of lesser fabrication of the overpack. Agreement State Compatibility Response: The NRC agrees with the exposure to radiation within the same suggested change. The SAR has been Under the ‘‘Policy Statement on time frame. The effect of the shield revised accordingly. Adequacy and Compatibility of attachment will remain the same. Comment No. 111: As it relates to the Agreement State Programs’’ approved by Response: The NRC agrees with the Radiography and Heat Treatment the Commission on June 30, 1997, and comment. Drawings 1399 and BM–1476 requirements for the containment published in the Federal Register on have been revised to reflect the change. boundary of the HI–STAR overpack, the September 3, 1997 (62 FR 46517), this Comment No. 106: One commenter applicant requested that post weld heat rule is classified as compatibility suggested that in SAR Revision 10, the treatment (PWHT), after completing Category ‘‘NRC.’’ Compatibility is not drawings in Chapter 1 be revised to nondestructive examination, be used for required for Category ‘‘NRC’’ match those approved by the NRC in the all overpack containment boundary regulations. The NRC program elements transportation SAR. welds which require an exception from in this category are those that relate Response: The NRC agrees with the the ASME code. directly to areas of regulation reserved comment. Seven drawings in SAR Response: The NRC agrees. The SAR to the NRC by the Atomic Energy Act of Section 1 have been revised to match and Appendix B to the CoC have been 1954, as amended (AEA), or the those in the transportation SAR. modified appropriately. provisions of Title 10 of the Code of Although four drawings have not been Comment No. 112: The applicant Federal Regulations. Although an revised to match the transportation suggested a revision to the drawings in Agreement State may not adopt program SAR, this is acceptable to the NRC staff the SAR to reflect the localized thinning elements reserved to NRC, it may wish because they reflect storage design tolerance in the containment shell. to inform its licensees of certain features. Response: The NRC staff agrees with requirements via a mechanism that is Comment No. 107: In the SAR, one the suggested revision. However, the consistent with the particular State’s commenter (the applicant) applicant did not provide the suggested administrative procedure laws, but does recommended changing Section 6.1 by changes in its final revisions to the SAR. not confer regulatory authority on the ° ° replacing ‘‘(20 C–100 )’’ with ‘‘(i.e., The initial drawings remain acceptable. State. water density of 1.000 g/cc)’’ and delete Comment No. 113: One commenter ‘‘(20 °C assumed)’’ to more accurately (the applicant) recommended that Finding of No Significant describe the assumption made in the changes to Technical Specification Environmental Impact: Availability analyses. Table 4–1, MPC Enclosure Vessel and Under the National Environmental Response: The NRC agrees. The SAR Lid, should be made to replace ‘‘and Policy Act of 1969, as amended, and the has been revised as suggested by the sufficient intermediate layers to detect Commission’s regulations in Subpart A commenter. critical wild flaws’’ with ‘‘and at least of 10 CFR part 51, the NRC has Comment No. 108: The applicant one intermediate PT after approximately determined that this rule is not a major suggested a number of changes to the 3⁄8 inch weld depth.’’ The commenter Federal action significantly affecting the drawings for the HI–STAR 100 Storage also recommended the deletion of quality of the human environment and Cask. These changes did not require a ‘‘Flaws in austenitic stainless are not therefore an environmental impact change to the supporting design expected to exceed the bead’’. The statement is not required. This final rule analyses. commenter further recommended adds an additional cask to the list of

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.107 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48273 approved spent fuel storage casks that met. In that rule, four spent fuel storage Based on the above discussion of the power reactor licensees can use to store casks were approved for use at reactor benefits and impacts of the alternatives, spent fuel at reactor sites without sites and were listed in 10 CFR 72.214. the NRC concludes that the additional site-specific approvals from That rule envisioned that storage casks requirements of the final rule are the Commission. The environmental certified in the future could be routinely commensurate with the Commission’s assessment and finding of no significant added to the listing in 10 CFR 72.214 responsibilities for public health and impact on which this determination is through the rulemaking process. safety and the common defense and based are available for inspection at the Procedures and criteria for obtaining security. No other available alternative NRC Public Document Room, 2120 L NRC approval of new spent fuel storage is believed to be as satisfactory, and Street NW. (Lower Level), Washington, cask designs were provided in 10 CFR thus, this action is recommended. DC. Single copies of the environmental part 72, subpart L. assessment and finding of no significant The alternative to this action is to Small Business Regulatory Enforcement impact are available from Stan Turel, withhold approval of this new design Fairness Act Office of Nuclear Material Safety and and issue a site-specific license to each utility that proposes to use the casks. In accordance with the Small Safeguards, U.S. Nuclear Regulatory Business Regulatory Enforcement Commission, Washington, DC 20555, This alternative would cost both the NRC and utilities more time and money Fairness Act of 1996, the NRC has telephone (301) 415–6234, e-mail determined that this action is not a [email protected]. for each site-specific license. Conducting site-specific reviews would major rule and has verified this Paperwork Reduction Act Statement ignore the procedures and criteria determination with the Office of This final rule does not contain a new currently in place for the addition of Information and Regulatory Affairs, or amended information collection new cask designs that can be used under Office of Management and Budget. requirement subject to the Paperwork a general license, and would be in Regulatory Flexibility Certification Reduction Act of 1995 (44 USC 3501 et conflict with NWPA direction to the seq.). Existing requirements were Commission to approve technologies for In accordance with the Regulatory approved by the Office of Management the use of spent fuel storage at the sites Flexibility Act of 1980 (5 U.S.C. 605(b)), and Budget, approval number 3150– of civilian nuclear power reactors the Commission certifies that this rule 0132. without, to the maximum extent will not, if promulgated, have a practicable, the need for additional site significant economic impact on a Public Protection Notification reviews. This alternative also would substantial number of small entities. If a means used to impose an tend to exclude new vendors from the This rule affects only the licensing and information collection does not display business market without cause and operation of nuclear power plants, a currently valid OMB control number, would arbitrarily limit the choice of independent spent fuel storage facilities, the NRC may not conduct or sponsor, cask designs available to power reactor and Holtec International. The and a person is not required to respond licensees. This final rulemaking will companies that own these plants do not to, the information collection. eliminate the above problems and is fall within the scope of the definition of consistent with previous Commission Voluntary Consensus Standards ‘‘small entities’’ set forth in the actions. Further, the rule will have no Regulatory Flexibility Act or the Small The National Technology Transfer Act adverse effect on public health and Business Size Standards set out in of 1995 (Pub. L. 104–113) requires that safety. regulations issued by the Small Federal agencies use technical standards The benefit of this rule to nuclear Business Administration at 13 CFR part that are developed or adopted by power reactor licensees is to make 121. voluntary consensus standards bodies available a greater choice of spent fuel unless the use of such a standard is storage cask designs that can be used Backfit Analysis inconsistent with applicable law or under a general license. The new cask otherwise impractical. In this final rule, vendors with casks to be listed in 10 The NRC has determined that the the NRC is adding the Holtec CFR 72.214 benefit by having to obtain backfit rule (10 CFR 50.109 or 10 CFR International HI–STAR 100 cask system NRC certificates only once for a design 72.62) does not apply to this rule to the list of NRC-approved cask that can then be used by more than one because this amendment does not systems for spent fuel storage in 10 CFR power reactor licensee. The NRC also involve any provisions that would 72.214. This action does not constitute benefits because it will need to certify impose backfits as defined in the backfit the establishment of a standard that a cask design only once for use by rule. Therefore, a backfit analysis is not establishes generally-applicable multiple licensees. Casks approved required. requirements. through rulemaking are to be suitable for use under a range of environmental List of Subjects in 10 CFR Part 72 Regulatory Analysis conditions sufficiently broad to Criminal penalties, Manpower On July 18, 1990 (55 FR 29181), the encompass multiple nuclear power training programs, Nuclear materials, Commission issued an amendment to 10 plants in the United States without the Occupational safety and health, CFR part 72. The amendment provided need for further site-specific approval Reporting and recordkeeping for the storage of spent nuclear fuel in by NRC. Vendors with cask designs requirements, Security measures, Spent cask systems with designs approved by already listed may be adversely fuel. the NRC under a general license. Any impacted because power reactor nuclear power reactor licensee can use licensees may choose a newly listed For the reasons set out in the cask systems with designs approved by design over an existing one. However, preamble and under the authority of the the NRC to store spent nuclear fuel if it the NRC is required by its regulations Atomic Energy Act of 1954, as amended; notifies the NRC in advance, the spent and NWPA direction to certify and list the Energy Reorganization Act of 1974, fuel is stored under the conditions approved casks. This rule has no as amended; and 5 U.S.C. 553; the NRC specified in the cask’s CoC, and the significant identifiable impact or benefit is adopting the following amendments conditions of the general license are on other Government agencies. to 10 CFR part 72.

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PART 72ÐLICENSING FEDERAL RESERVE SYSTEM a similar increase in the federal funds REQUIREMENTS FOR THE rate announced at the same time. 12 CFR Part 201 INDEPENDENT STORAGE OF SPENT Regulatory Flexibility Act Certification NUCLEAR FUEL AND HIGH-LEVEL [Regulation A] RADIOACTIVE WASTE Pursuant to section 605(b) of the Extensions of Credit by Federal Regulatory Flexibility Act (5 U.S.C. 1. The authority citation for part 72 Reserve Banks; Change in Discount 605(b)), the Board certifies that the change in the basic discount rate will continues to read as follows: Rate not have a significant adverse economic Authority: Secs. 51, 53, 57, 62, 63, 65, 69, AGENCY: Board of Governors of the impact on a substantial number of small 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. Federal Reserve System. entities. The rule does not impose any 929, 930, 932, 933, 934, 935, 948, 953, 954, ACTION: Final rule. additional requirements on entities 955, as amended, sec. 234, 83 Stat. 444, as affected by the regulation. amended (42 U.S.C. 2071, 2073, 2077, 2092, SUMMARY: The Board of Governors has Administrative Procedure Act 2093, 2095, 2099, 2111, 2201, 2232, 2233, amended its Regulation A on Extensions 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. of Credit by Federal Reserve Banks to The provisions of 5 U.S.C. 553(b) L. 86–373, 73 Stat. 688, as amended (42 reflect its approval of an increase in the relating to notice and public U.S.C. 2021); sec. 201, as amended, 202, 206, basic discount rate at each Federal participation were not followed in 88 Stat. 1242, as amended, 1244, 1246 (42 Reserve Bank. The Board acted on connection with the adoption of the U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. requests submitted by the Boards of amendment because the Board for good 10, 92 Stat. 2951 as amended by Pub. L. 10d– Directors of the twelve Federal Reserve cause finds that delaying the change in 48b, sec. 7902, 10b Stat. 31b3 (42 U.S.C. Banks. the basic discount rate in order to allow 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 EFFECTIVE DATE: The amendments to part notice and public comment on the (42 U.S.C. 4332); secs. 131, 132, 133, 135, 201 (Regulation A) were effective change is impracticable, unnecessary, 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, August 24, 1999. The rate changes for and contrary to the public interest in 2232, 2241, sec. 148, Pub. L. 100–203, 101 adjustment credit were effective on the fostering sustainable economic growth. Stat. 1330–235 (42 U.S.C. 10151, 10152, The provisions of 5 U.S.C. 553(d) that dates specified in 12 CFR 201.51. 10153, 10155, 10157, 10161, 10168). prescribe 30 days prior notice of the Section 72.44(g) also issued under secs. FOR FURTHER INFORMATION CONTACT: effective date of a rule have not been 142(b) and 148(c), (d), Pub. L. 100–203, 101 Jennifer J. Johnson, Secretary of the followed because section 553(d) Stat. 1330–232, 1330–236 (42 U.S.C. Board, (202) 452–3259; for users of provides that such prior notice is not 10162(b), 10168(c),(d)). Section 72.46 also Telecommunications Device for the Deaf necessary whenever there is good cause issued under sec. 189, 68 Stat. 955 (42 U.S.C. (TDD), contact Diane Jenkins, (202) 452– for finding that such notice is contrary 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 3544, Board of Governors of the Federal to the public interest. As previously (42 U.S.C. 10154). Section 72.96(d) also Reserve System, 20th and C Streets stated, the Board determined that issued under sec. 145(g), Pub. L. 100–203, NW., Washington, D.C. 20551. delaying the changes in the basic 101 Stat. 1330–235 (42 U.S.C. 10165(g)). SUPPLEMENTARY INFORMATION: Pursuant discount rate is contrary to the public Subpart J also issued under secs. 2(2), 2(15), to the authority of sections 10(b), 13, 14, interest. 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 19, et al., of the Federal Reserve Act, the List of Subjects in 12 CFR Part 201 2202, 2203, 2204, 2222, 2244 (42 U.S.C. Board has amended its Regulation A (12 10101, 10137(a), 10161(h)). Subparts K and L CFR part 201) to incorporate changes in Banks, banking, Credit, Federal are also issued under sec. 133, 98 Stat. 2230 discount rates on Federal Reserve Bank Reserve System. (42 U.S.C. 10153) and sec. 218(a), 96 Stat. extensions of credit. The discount rates For the reasons set out in the 2252 (42 U.S.C. 10198). are the interest rates charged to preamble, 12 CFR part 201 is amended as set forth below: 2. In Section 72.214, Certificate of depository institutions when they borrow from their district Reserve Compliance 1008 is added to read as PART 201ÐEXTENSIONS OF CREDIT Banks. follows: BY FEDERAL RESERVE BANKS The ‘‘basic discount rate’’ is a fixed (REGULATION A) § 72.214 List of approved spent fuel rate charged by Reserve Banks for storage casks. adjustment credit and, at the Reserve 1. The authority citation for 12 CFR * * * * * Banks’ discretion, for extended credit. part 201 continues to read as follows: Certificate Number: 1008 In increasing the basic discount rate Authority: 12 U.S.C. 343 et seq., 347a, SAR Submitted by: Holtec International from 4.5 percent to 4.75 percent, the 347b, 347c, 347d, 348 et seq., 357, 374, 374a SAR Title: HI–STAR 100 Cask System Board acted on requests submitted by and 461. Topical Safety Analysis Report the Boards of Directors of the twelve 2. Section 201.51 is revised to read as Docket Number: 72–1008 Federal Reserve Banks. The new rates follows: Certification Expiration Date: (20 years after were effective on the dates specified final rule effective date) below. § 201.51 Adjustment credit for depository institutions. Model Number: HI–STAR 100 With financial markets functioning more normally, and with persistent The rates for adjustment credit Dated at Rockville, Maryland, this 23rd day provided to depository institutions of August, 1999. strength in domestic demand, foreign economies firming, and labor markets under § 201.3(a) are: For the Nuclear Regulatory Commission. remaining very tight, the degree of William D. Travers, monetary ease required to address the Federal Reserve Rate Effective Executive Director for Operations. global financial market turmoil of last Bank [FR Doc. 99–23075 Filed 9–2–99; 8:45 am] fall is no longer consistent with Boston ...... 4.75 August 24, 1999. BILLING CODE 7590±01±P sustained, non-inflationary, economic New York ...... 4.75 August 24, 1999. expansion. The 25-basis-point increase Philadelphia ...... 4.75 August 24, 1999. in the discount rate was associated with Cleveland ...... 4.75 August 24, 1999.

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Federal Reserve assist with disaster preparedness. This program limits the assistance to small Bank Rate Effective final rule will allow SBA to provide businesses. such loans to small businesses within Another comment suggested that SBA Richmond ...... 4.75 August 24, 1999. Project Impact communities identified require that a small business must have Atlanta ...... 4.75 August 24, 1999. by FEMA. Currently, SBA disaster loans been in the Project Impact community Chicago ...... 4.75 August 24, 1999. for at least one year, under the same St. Louis ...... 4.75 August 24, 1999. may be used only to repair or replace Minneapolis ...... 4.75 August 25, 1999. what was destroyed or damaged by ownership, at the location where Kansas City ...... 4.75 August 24, 1999. disaster and to provide an additional 20 mitigation was proposed prior to Dallas ...... 4.75 August 26, 1999. percent for mitigation measures after a submitting a loan application. SBA has San Francisco ... 4.75 August 24, 1999. disaster. To promote preparedness, this not adopted this suggestion because it final rule will amend SBA’s regulations would unnecessarily limit assistance By order of the Board of Governors of the to provide pre-disaster mitigation loans under the pilot. Federal Reserve System, August 30, 1999. for small businesses. Such pre-disaster One comment suggested that SBA Jennifer J. Johnson, mitigation loans will allow small begin funding all approved loans on Secretary of the Board. businesses to install mitigation devices December 31, in the order that the [FR Doc. 99–22958 Filed 9–2–99; 8:45 am] that may prevent future damage. applications were initially received. SBA did not adopt this suggestion BILLING CODE 6210±01±P SBA received several comments on the proposed rule. One comment because SBA is uncertain of the demand requested that SBA modify its definition and does not want to limit the time period for approving and funding loans. SMALL BUSINESS ADMINISTRATION of mitigation in § 123.107 to include ‘‘any action taken to reduce or eliminate SBA revised the text of § 123.404 to clarify that a business may borrow up to 13 CFR Parts 121 and 123 the long-term risk to human life and property from natural hazards’’ as $50,000 per year, and that approved Pre-Disaster Mitigation Loans defined by the Federal Emergency loans will be funded in the order that Management Agency in 44 CFR 206.401. SBA accepted the applications for AGENCY: Small Business Administration SBA did not adopt this suggestion due processing. SBA also clarifies that it will (SBA). to the difference in statutory language consider projects that cost more than ACTION: Final rule. which authorizes the assistance $50,000 per year if the business can provided by SBA and FEMA. However, identify sources that will fund the SUMMARY: With this rule, SBA amends SBA has included some of the amount above $50,000. its disaster loan program regulations to Another commenter asked that SBA mitigation examples suggested by the implement a pilot program authorized clarify in § 123.401 whether residential commenter in § 123.107. SBA also by Congress in 1999. The authorization rental properties were eligible. The clarifies in § 123.107 that § 123.400 covers five fiscal years (from 2000 to section has been changed to make it through § 123.407 address pre-disaster 2004) and will allow SBA to make low clear that SBA will accept applications mitigation, while the last two sentences interest, fixed rate loans to small from owners of commercial real estate of § 123.107 address the amount of businesses to use mitigation measures in (property primarily leased to business money that can be borrowed for support of Project Impact, a formal for commercial use). Owners of property mitigation after a disaster. mitigation program established by the held and leased primarily for residential Another comment suggested that SBA Federal Emergency Management Agency use will not be eligible. establish a date for when size status is (FEMA). One commenter was concerned that determined. SBA has adopted the SBA’s verification of a project might DATES: This rule is effective October 1, suggestion in § 123.402, requiring that 1999. subject SBA to potential liability if a the applicant be a small business as of mitigation project failed to perform as FOR FURTHER INFORMATION CONTACT: the date SBA accepts the application for expected. In response to this suggestion, Bernard Kulik, Associate Administrator, processing. To clarify the conditions for SBA revised § 123.401 to make it clear Office of Disaster Assistance, 202–205– eligibility, SBA moved portions of that SBA only verifies that the cost 6734. § 123.403 and § 123.406 in the proposed estimate is reasonable to accomplish the SUPPLEMENTARY INFORMATION: SBA rule to § 123.402 in the final rule so that stated desired mitigation result, and that amends part 123 of its regulations eligibility conditions are all in one SBA does not guarantee that the regarding disaster loans, based upon a section. mitigation measure will prevent proposed rule which was published on One of the conditions for eligibility is damages from future disasters. July 7, 1999 (64 FR 36617). Comments that a business, together with its Also, SBA amended § 123.406 to were due by August 6, 1999. affiliates, must be small as defined in clarify how and when it will provide The final rule allows small businesses part 121 of this Chapter. Section notice of the availability of pre-disaster to obtain low interest, fixed rate loans 121.302 sets forth criteria for when size mitigation loans. Finally, SBA for mitigation measures in support of status is determined for each of SBA’s simplified language in subparagraph (c) Project Impact. In response to the loan programs. Since the Pre-disaster of that section and § 123.407 regarding problems of increasing costs and Mitigation Loan Program will be a new application processing, loan funding, personal devastation caused by pilot, § 121.302 does not include it. and the process for reconsideration or disasters, Congress authorized a pilot Although SBA did not propose to appeal. program for 5 fiscal years from 2000 amend this section, it is necessary to through 2004. The Administration amend § 121.302(c) to designate a date Compliance With Executive Orders launched an effort to substitute for determining size status for this pilot 12612, 12988, and 12866, the preparedness for the current reliance on program. Regulatory Flexibility Act (5 U.S.C. response and recovery in emergency One comment proposed that SBA 601–612), and the Paperwork management. include homeowners. SBA did not Reduction Act (44 U.S.C. Ch. 35) SBA supports this effort and wants to adopt this suggestion because the SBA certifies that this final rule is not offer pre-disaster mitigation loans to authorizing legislation for this pilot a significant rule within the meaning of

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Executive Order 12866, since it is not Authority: 15 U.S.C. 634(b)(6), 636(b), comparative square footage basis. likely to have an annual economic effect 636(c) and 636(f); Pub. L. 102–395, 106 Stat. Additionally, SBA will consider of $100 million or more, result in a 1828, 1864; and Pub. L. 103–75, 107 Stat. providing a pre-disaster mitigation loan major increase in costs or prices, or have 739. for relocation if your commercial real a significant adverse effect on 2. In § 123.107, revise the second property is located in a SFHA (Special competition or the U.S. economy. sentence and add a sentence at the end Flood Hazard Area) and you relocate SBA certifies that this final rule will to read as follows: outside the SFHA but remain in the not have a significant economic impact same Project Impact community. If the § 123.107 What is mitigation? on a substantial number of small entities mitigation measures protect against a within the meaning of the Regulatory ** * Examples include elevation of flood hazard, the applicant small Flexibility Act, 5 U.S.C. 601–612. flood prone structures, retaining walls, business must be located in an existing SBA certifies that this final rule does sea walls, grading and contouring land, structure in a SFHA. The local Project not impose any additional reporting or relocating utilities, and retrofitting and Impact coordinator will confirm that recordkeeping requirements under the strengthening structures to protect your proposed project is in accordance Paperwork Reduction Act, 44 U.S.C., against high winds, earthquake, flood, with specific Project Impact priorities chapter 35. wildfire, or other natural hazards. * ** and goals of that community. SBA will For purposes of Executive Order Sections 123.400 through 123.407 verify that the cost estimate is 12612, SBA certifies that this final rule address pre-disaster mitigation. reasonable to accomplish each project to has no federalism implications 3. Add an undesignated determine if the project is likely to warranting preparation of a Federalism centerheading and §§ 123.400 through accomplish the stated desired mitigation Assessment. 123.407 to read as follows: results. SBA verification and subsequent For purposes of Executive Order Pre-disaster Mitigation Loans loan approval are not a guarantee that 12988, SBA certifies that this final rule the project will prevent damages in Sec. is drafted, to the extent practicable, to future disasters. accord with the standards set forth in 123.400 What is a pre-disaster mitigation section 3 of that Order. loan? § 123.402 What businesses are eligible to 123.401 What types of mitigating measures apply for pre-disaster mitigation loans? List of Subjects are eligible for a pre-disaster mitigation Each State, the District of Columbia, loan? 13 CFR Part 121 123.402 What businesses are eligible to Puerto Rico, and the Virgin Islands have at least one FEMA Project Impact Government procurement, apply for pre-disaster mitigation loans? community. Only those small Government property, Grant programs— 123.403 When would my business not be eligible to apply for a pre-disaster businesses located in Project Impact business, Loan programs—business, mitigation loan? communities are eligible to apply for a Small business. 123.404 How much can my business pre-disaster mitigation loan. Your small 13 CFR Part 123 borrow with a pre-disaster mitigation business may be a sole proprietorship, loan? Disaster assistance, Loan programs— partnership, corporation, limited 123.405 What is the interest rate on a pre- liability company, or other legal entity business, Reporting and recordkeeping disaster mitigation loan? requirements, Small businesses. 123.406 How do I apply for a pre-disaster recognized under State law. Your small For the reasons stated in the mitigation loan and which loans will be business must have been in existence preamble, SBA amends 13 CFR parts funded? for at least one year prior to submitting 121 and 123 as follows: 123.407 What happens if SBA denies or an application for this loan. Your withdraws my pre-disaster mitigation business (together with its affiliates) PART 121ÐSMALL BUSINESS SIZE loan application? must be small (as defined in part 121 of REGULATIONS Pre-disaster Mitigation Loans this chapter) as of the date SBA accepts the application for processing, and SBA 1. The authority citation for part 121 § 123.400 What is a pre-disaster mitigation must also determine that the business, continues to read as follows: loan? its affiliates and its owners do not have Authority: Pub. L. 105–135 Sec. 601 et. Congress has authorized a pilot the financial resources to fund the seq., 111 Stat. 2592; 15 U.S.C. 632(a), program for 5 fiscal years from 2000 mitigation measures without undue 634(b)(6), 637(a), and 644(c); and Pub. L. through 2004 for SBA to make low hardship. 102–486, 106 Stat. 2776, 3133. interest, fixed rate loans to small § 123.403 When would my business not be 2. Revise § 121.302 to add a sentence businesses to use mitigation measures in support of Project Impact, a formal eligible to apply for a pre-disaster at the end of paragraph (c) to read as mitigation loan? follows: mitigation program established by the Federal Emergency Management Agency Your business is not eligible for a pre- § 121.302 When does SBA determine the (FEMA). disaster mitigation loan if it, together size status of an applicant? with its affiliates, fits into any of the * * * * * § 123.401 What types of mitigating categories in §§ 123.101, 123.201, and measures are eligible for a pre-disaster 123.301. (c) * * * For pre-disaster mitigation mitigation loan? loans, size status is determined as of the Mitigation means specific measures § 123.404 How much can my business date SBA accepts the application for borrow with a pre-disaster mitigation loan? processing. taken by you to protect your real property or leasehold improvements Each borrower, together with its * * * * * from future disasters in Project Impact affiliates, may borrow up to $50,000 per PART 123ÐDISASTER LOAN communities. If you are a landlord, the year. SBA will fund approved loans in PROGRAM measures must be for protection of the order in which SBA accepted the property leased primarily for application for processing. SBA will 1. The authority citation for part 123 commercial rather than residential consider mitigation measures that cost continues to read as follows: purposes, to be determined on a more than $50,000 per year if the

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Aida Alvarez, certain publications listed in the regulations is approved by the Director § 123.406 How do I apply for a pre-disaster Administrator. mitigation loan and which loans will be of the Federal Register as of September funded? [FR Doc. 99–23051 Filed 9–2–99; 8:45 am] 24, 1999. (a) At the beginning of each fiscal year BILLING CODE 8025±01±P Comments for inclusion in the Rules commencing October 1st 1999, SBA will Docket must be received on or before publish a declaration in the Federal November 2, 1999. Register announcing the availability of DEPARTMENT OF TRANSPORTATION ADDRESSES: Submit comments in pre-disaster mitigation loans. The Federal Aviation Administration triplicate to the Federal Aviation declaration will designate at least a 30 Administration (FAA), New England day application filing period in the first 14 CFR Part 39 Region, Office of the Regional Counsel, six months of the fiscal year, the Attention: Rules Docket No. 99–NE–41– application filing deadline, and the [Docket No. 99±NE±41±AD; Amendment 39± AD, 12 New England Executive Park, locations for obtaining and filing loan 11285; AD 99±18±19] Burlington, MA 01803–5299. Comments applications. Additional application RIN 2120±AA64 may also be sent via the Internet using periods may be announced each year the following address: ‘‘9-ane- depending on the availability of funds. Airworthiness Directives; General [email protected]’’. Comments sent In addition to the Federal Register, SBA Electric Company CF6±80A1/A3 and via the Internet must contain the docket will use FEMA and the local media to CF6±80C2A Series Turbofan Engines, number in the subject line. inform potential loan applicants where Installed on Airbus Industrie A300±600 The service information referenced in to obtain loan applications. SBA will and A310 Series Airplanes this AD may be obtained from Middle not accept any applications after the River Aircraft Systems, Mail Point 46, AGENCY: Federal Aviation announced deadline unless SBA 103 Chesapeake Park Plaza, Baltimore, Administration, DOT. reopens the application filing period. MD 21220–4295, attn: Product Support ACTION: (b) Complete an SBA pre-disaster Final rule; request for Engineering; telephone (410) 682–0093, mitigation loan application package comments. fax (410) 682–0100; and Airbus which includes a written statement from SUMMARY: This amendment adopts a Industrie, 1 Rond Point Maurice the local Project Impact coordinator that new airworthiness directive (AD) that is Bellonte, 31707 Blagnac Cedex, France; the project is in accordance with the applicable to General Electric Company telephone (33) 05.61.93.31.81, fax (33) specific priorities and goals of the local CF6–80A1/A3 and CF6–80C2A series 05.61.93.45.80. This information may be community. The application must be turbofan engines, installed on Airbus examined at the FAA, New England filed during the announced filing Industrie A300–600 and A310 series Region, Office of the Regional Counsel, period. airplanes. This action requires, prior to 12 New England Executive Park, (c) An SBA Disaster Area Office will further flight, one of the following: Burlington, MA; or at the Office of the notify the Office of Disaster Assistance performing a DPV pressure check for Federal Register, 800 North Capitol (ODA) when it has accepted a complete leakage, and, if necessary, replacing the Street, NW, suite 700, Washington, DC. application for processing. The Area DPV assembly with a serviceable FOR FURTHER INFORMATION CONTACT: Office will approve, decline, or assembly and performing an operational William S. Ricci, Aerospace Engineer, withdraw (stop processing) the check of the thrust reverser, or Engine Certification Office, FAA, Engine application if the applicant does not deactivating the thrust reverser; or and Propeller Directorate, 12 New give SBA required information. The replacing the directional pilot valve England Executive Park, Burlington, MA Area Office will notify ODA of its (DPV) assembly with a serviceable 01803–5299; telephone (781) 238–7742, decision. ODA will then direct the Area assembly and performing an operational fax (781) 238–7199. Office to make the loan based on check of the thrust reverser. Thereafter, SUPPLEMENTARY INFORMATION: The availability of loan funds and the date this AD requires one of these actions on Federal Aviation Administration (FAA) SBA accepted the complete application a repetitive basis. If a thrust reverser is received a report of inadvertent thrust package. deactivated, this action requires, prior to reverser deployment on a Pratt & § 123.407 What happens if SBA denies or further flight, revising the FAA- Whitney powered Airbus Industrie withdraws my pre-disaster mitigation loan approved airplane flight manual (AFM) A300–600 series aircraft. Following that application? to require performance penalties to be event, the FAA reviewed thrust reverser (a) If SBA denies your loan applied for certain takeoff conditions. safety analyses on other make and application, SBA will notify you in The AD also requires a revision to the model engines, including General writing and give you the specific Emergency Procedures Section of the Electric Company (GE) CF6–80A1/A3 reasons for the denial. If you disagree FAA approved AFM to include a and CF6–80C2A series turbofan engines. with SBA’s decision, you may respond flightcrew operational procedure in the A review of thrust reverser actuation under § 123.13. If SBA approves your event of any indication of an in-flight system (TRAS) shop findings and application after reconsideration or thrust reverser deployment. This component failure rate data, test data, appeal, SBA will use the date the Area amendment is prompted by review of and system safety analyses revealed that Office received the request for thrust reverser safety analyses following a hidden failure mode involving the reconsideration or appeal to determine a report of inadvertent thrust reverser directional pilot valve (DPV) exists. The the order of funding. deployment on another make and model DPV controls the direction of the

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.132 pfrm03 PsN: 03SER1 48278 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations operation of the center drive unit when time-limited basis. For this reason, under the caption ADDRESSES. All the TRAS is activated. If high pressure deactivation of the thrust reverser(s) is communications received on or before downstream of the pressure regulating only allowed after a DPV pressure check the closing date for comments will be and shutoff valve (PRSOV) exists in has been performed and established the considered, and this rule may be combination with a leaking DPV, an need for the DPV to be replaced with a amended in light of the comments inadvertent deployment could occur. serviceable DPV and none is available. received. Factual information that High pressure downstream of the The FAA has determined that the supports the commenter’s ideas and PRSOV can be caused by auto restow, necessary replacement of the DPV shall suggestions is extremely helpful in PRSOV open failures, or significant be accomplished not later than 10 evaluating the effectiveness of the AD PRSOV leakage. PRSOV open failures calendar days from the time of action and determining whether and significant PRSOV leakage are deactivation. If a thrust reverser is additional rulemaking action would be detected by the DPV pressure switch. deactivated, this action requires, prior to needed. DPV open failures and significant DPV further flight, a revision of the FAA- Comments are specifically invited on leakage are detected by the inability to approved airplane flight manual (AFM) the overall regulatory, economic, stow the reverser. However, there exists for airplanes equipped with these environmental, and energy aspects of a range of DPV leakage rates from a engines to require performance the rule that might suggest a need to closed DPV which are not detectable penalties to be applied for certain modify the rule. All comments during normal operation. This takeoff conditions. The actions are submitted will be available, both before undetectable failure mode of the DPV, required to be accomplished in and after the closing date for comments, concurrent with high pressure accordance with the service documents in the Rules Docket for examination by downstream of the PRSOV, can result in described previously. interested persons. A report that an inadvertent thrust reverser summarizes each FAA-public contact AFM Changes deployment. This condition, if not concerned with the substance of this AD corrected, could result in inadvertent The FAA has determined that in the will be filed in the Rules Docket. thrust reverser deployment, which, if it event of an in-flight thrust reverser Commenters wishing the FAA to occurred in-flight, could result in loss of deployment, airplane controllability acknowledge receipt of their comments control of the airplane. may not be adequately maintained with submitted in response to this notice the existing ‘‘ENG REV UNLK’’ must submit a self-addressed, stamped Service Information procedure of the ‘‘Procedures Following postcard on which the following The FAA has reviewed and approved Failure’’ Section of the FAA approved statement is made: ‘‘Comments to the technical contents of Middle River AFM. The AD includes an ‘‘Indicated Docket Number 99–NE–41–AD.’’ The Aircraft Systems Alert Service Bulletin In-flight Thrust Reverser Deployment postcard will be date stamped and (ASB) No. 78A4022, applicable to GE Procedure,’’ with certain steps recalled returned to the commenter. CF6–80A1/A3 series engines, and ASB from memory by the flightcrew, for The regulations adopted herein will No. 78A1081, applicable to GE CF6– inclusion in the AFM Emergency not have substantial direct effects on the 80C2A series engines, both dated June 4, Procedures section of the FAA approved States, on the relationship between the 1999, that describe procedures for DPV AFM. This new procedure supersedes national government and the States, or pressure checks for leakage and the existing ‘‘ENG REV UNLK’’ on the distribution of power and operational checks of the thrust procedure. The FAA finds that this new responsibilities among the various reverser, and refer to applicable procedure to be used in the event of any levels of government. Therefore, in manuals in the necessity of replacing indication of an in-flight thrust reverser accordance with Executive Order 12612, the DPV assembly or deactivating the deployment provides for more it is determined that this final rule does reverser. expeditious shutdown of a suspected not have sufficient federalism Required Actions engine and slowing of the airplane if implications to warrant the preparation airplane buffet or bank is experienced. of a Federalism Assessment. Since an unsafe condition has been The changes to the AFM required by The FAA has determined that this identified that is likely to exist or this AD have been coordinated with the regulation is an emergency regulation develop on other engines of the same FAA Transport Airplane Directorate. that must be issued immediately to type design, this AD is being issued to Since a situation exists that requires correct an unsafe condition in aircraft, prevent inadvertent thrust reverser the immediate adoption of this and is not a ‘‘significant regulatory deployment. This AD requires, prior to regulation, it is found that notice and action’’ under Executive Order 12866. It further flight, one of the following: (1) opportunity for prior public comment has been determined further that this performing a DPV pressure check for hereon are impracticable, and that good action involves an emergency regulation leakage, and, if necessary, replacing the cause exists for making this amendment under DOT Regulatory Policies and DPV assembly with a serviceable effective in less than 30 days. Procedures (44 FR 11034, February 26, assembly and performing an operational 1979). If it is determined that this Comments Invited check of the thrust reverser, or emergency regulation otherwise would deactivating the thrust reverser; or (2) Although this action is in the form of be significant under DOT Regulatory replacing the DPV assembly with a a final rule that involves requirements Policies and Procedures, a final serviceable assembly and performing an affecting flight safety and, thus, was not regulatory evaluation will be prepared operational check of the thrust reverser. preceded by notice and an opportunity and placed in the Rules Docket. A copy Thereafter, this AD requires one of these for public comment, comments are of it, if filed, may be obtained from the actions at intervals not to exceed 700 invited on this rule. Interested persons Rules Docket at the location provided hours time-in-service. The FAA has are invited to comment on this rule by under the caption ADDRESSES. determined that whereas deactivation of submitting such written data, views, or the thrust reverser(s) addresses the arguments as they may desire. List of Subjects in 14 CFR Part 39 unsafe condition of this AD, the Communications should identify the Air transportation, Aircraft, Aviation resultant decrease in airplane stopping Rules Docket number and be submitted safety, Incorporation by reference, performance is acceptable only on a in triplicate to the address specified Safety.

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Adoption of the Amendment operational check of the thrust reverser is (2) Replace the DPV assembly with a then performed. serviceable assembly and then perform an Accordingly, pursuant to the (2) Replace the DPV assembly with a operational check of the thrust reverser. authority delegated to me by the serviceable assembly and then perform an Administrator, the Federal Aviation operational check of the thrust reverser. Serviceable DPV Assembly Administration amends part 39 of the (b) Thereafter, at intervals not to exceed (e) For the purpose of this AD, a Federal Aviation Regulations (14 CFR 700 hours time-in-service (TIS) since the last serviceable DPV assembly is an assembly that part 39) as follows: check or replacement of the DPV, for GE has accumulated zero time in service, or an CF6–80A1/A3 series engines, perform one of assembly that has accumulated zero time in PART 39ÐAIRWORTHINESS the following, in accordance with Paragraphs service after having passed the tests in the DIRECTIVES 2.B and 2.C. of the Accomplishment Middle River Aircraft Systems Component Instructions of Middle River AircraftSystems Maintenance Manual GEK 85007 (78–31–51), 1. The authority citation for part 39 ASB No. 78A4022, dated June 4, 1999: Revision No. 6 or later, Directional Pilot continues to read as follows: (1) Perform a DPV pressure check for Solenoid Valve, Page Block 101, Testing and leakage, and, if necessary, either Troubleshooting, or an assembly that has Authority: 49 U.S.C. 106(g), 40113, 44701. (i) Replace the DPV assembly with a been successfully leak checked in accordance serviceable assembly and then perform an with Paragraph 2.B. of the Accomplishment § 39.13 [Amended] operational check of the thrust reverser, or Instructions of Middle River Aircraft Systems 2. Section 39.13 is amended by (ii) Deactivate the thrust reverser in ASB No. 78A4022 or ASB No. 78A1081, both adding the following new airworthiness accordance with paragraph 2(B)(8)(a) of the dated June 4, 1999, as applicable, directive: Accomplishment Instructions of Middle immediately prior to installation on the River Aircraft Systems ASB No. 78A4022, airplane. 99–18–19 General Electric Company: dated June 4, 1999, provided, however, that Airplane Flight Manual (AFM) Changes Amendment 39–11285. Docket 99–NE– within 10 days after deactivation the DPV is 41–AD. replaced with a serviceable assembly and an (f) If one or both thrust reversers are Applicability: General Electric Company operational check of the thrust reverser is deactivated, then prior to further flight, (GE) CF6–80A1/A3 and CF6–80C2A series then performed. revise the Limitations Section of the FAA- turbofan engines, installed on Airbus (2) Replace the DPV assembly with a approved AFM to include the following: Industrie A300–600 and A310 series serviceable assembly and then perform an ‘‘The takeoff performance on wet and airplanes. operational check of the thrust reverser. contaminated runways with a thrust reverser(s) deactivated shall be determined in Note 1: This airworthiness directive (AD) GE CF6–80C2A Series Engines accordance with Airbus Flight Operations applies to each engine identified in the (c) Prior to further flight, for GE CF6– Telex (FOT) 999.0066/99, dated June 9, 1999, preceding applicability provision, regardless as follows: of whether it has been modified, altered, or 80C2A series engines, perform one of the following, in accordance with Paragraphs 2.B ‘‘For takeoff on wet runways, use repaired in the area subject to the performance data in accordance with requirements of this AD. For engines that and 2.C. of the Accomplishment Instructions of Middle River Aircraft Systems ASB No. paragraph 4.1.1 of the FOT. have been modified, altered, or repaired so 78A1081, dated June 4, 1999: ‘‘For takeoff on contaminated runways, use that the performance of the requirements of (1) Perform a DPV pressure check for performance data in accordance with this AD is affected, the owner/operator must leakage, and, if necessary, either paragraph 4.1.2 of the FOT.’’ request approval for an alternative method of (i) Replace the DPV assembly with a (1) Notwithstanding the provisions of the compliance in accordance with paragraph (h) serviceable assembly and then perform an FAA approved A300–600 and A310 Master of this AD. The request should include an operational check of the thrust reverser, or Minimum Equipment List (MMEL), dispatch assessment of the effect of the modification, (ii) Deactivate the thrust reverser in with both thrust reversers deactivated, for the alteration, or repair on the unsafe condition accordance with paragraph 2(B)(8)(a) of the purposes of complying with this AD, is addressed by this AD; and, if the unsafe Accomplishment Instructions of Middle approved. condition has not been eliminated, the River Aircraft Systems ASB No. 78A1081, (2) Notwithstanding the provisions of the request should include specific proposed dated June 4, 1999, provided, however, that FAA Approved A300–600 and A310 MMEL, actions to address it. within 10 days after deactivation the DPV is airplanes which have deactivated one or both Compliance: Required as indicated, unless replaced with a serviceable assembly and an thrust reversers in compliance with this AD, accomplished previously. operational check of the thrust reverser is may not conduct operation on contaminated To prevent inadvertent thrust reverser then performed. runways, as defined in Airbus Flight Crew deployment, which, if it occurred in-flight, (2) Replace the DPV assembly with a Operating Manual Section 2.18.50, unless all could result in loss of control of the airplane, serviceable assembly and then perform an components of the Main Wheel Brakes, Green accomplish the following: operational check of the thrust reverser. and Yellow Brake Systems, Antiskid System, Ground Spoiler System, and all Spoiler and GE CF6–80A1/A3 Series Engines (d) Thereafter, at intervals not to exceed 700 hours TIS since the last check or Speed Brake Surfaces, operate normally. (a) Prior to further flight, for GE CF6–80A1/ replacement of the DPV, for GE CF6–80C2A Note 2: The ‘‘FCOM’’ referenced in Airbus A3 series engines, perform one of the series engines, perform one of the following, FOT 999.0066/99, dated June 9, 1999, is following, in accordance with Paragraphs 2.B in accordance with Paragraphs 2.B and 2.C. Airbus Industrie Flight Crew Operating and 2.C. of the Accomplishment Instructions of the Accomplishment Instructions of Manual (FCOM), Revision 27 for Airbus of Middle River Aircraft Systems Alert Middle River Aircraft Systems ASB No. Model A310 series airplanes and Revision 22 Service Bulletin (ASB) No. 78A4022, dated 78A1081, dated June 4, 1999: for A300–600 series airplanes. [The revision June 4, 1999: (1) Perform a DPV pressure check for number is indicated on the List of Effective (1) Perform a DPV pressure check for leakage, and, if necessary, either Pages (LEP) of the FCOM.] leakage, and, if necessary, either (i) Replace the DPV assembly with a (g) Prior to further flight, revise the (i) Replace the directional pilot valve serviceable assembly and then perform an Emergency Procedures Section of the FAA- (DPV) assembly with a serviceable assembly operational check of the thrust reverser, or approved AFM for Airbus Model A310 and and then perform an operational check of the (ii) Deactivate the thrust reverser in A300–600 airplanes to include the following thrust reverser, or accordance with paragraph 2(B)(8)(a) of the statement. This may be accomplished by (ii) Deactivate the thrust reverser in Accomplishment Instructions of Middle inserting a copy of this AD into the AFM. In accordance with paragraph 2(B)(8)(a) of the River Aircraft Systems ASB No. 78A1081, the event of any indication of an in-flight Accomplishment Instructions of Middle dated June 4, 1999, provided, however, that thrust reverser deployment or a ‘‘ENG REV River Aircraft Systems ASB No. 78A4022, within 10 days after deactivation the DPV is UNLK’’ ECAM caution message triggered in dated June 4, 1999, provided, however, that replaced with a serviceable assembly and an flight, this procedure must be applied. within 10 days after deactivation the DPV is operational check of the thrust reverser is ‘‘Indicated In-flight Thrust Reverser replaced with a serviceable assembly and an then performed. Deployment Procedure:

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1. THROTTLE (Affected Engine)—IDLE IF Note 3: Notwithstanding procedures in the used if approved by the Manager, Engine BUFFET OR BANK Procedures Following Failure Section of the Certification Office (ECO). Operators shall 2. FUEL LEVER (Affected Engine)—OFF FAA approved AFM, displayed on the on- submit their requests through an appropriate 3. MAX SPEED—240 KIAS board ECAM computer screen, published in FAA Principal Maintenance Inspector, who Note: Item 1 of the procedure, and if buffet the Airbus FCOM, or QRH, or contained in may add comments and then send it to the or bank is detected, items 2 and 3, should be FAA approved company checklists and/or Manager, ECO. procedures, flightcrews operating A300–600 accomplished immediately from memory. Note 5: Information concerning the or A310 airplanes with one of more thrust existence of approved alternative methods of Note: Use recommended single engine reverser activated, must follow the procedure landing configuration and 1.3Vs approach compliance with this AD, if any, may be of paragraph (g) in the event of any obtained from the ECO. speed plus 10kt. indication of an in-flight thrust reverser (i) Special flight permits may be issued in IF NO BUFFET OR BANK deployment triggered in flight. accordance with sections 21.197 and 21.199 4. THROTTLE (Affected Engine)—KEEP AT Note 4: An in-flight thrust reverser of the Federal Aviation Regulations (14 CFR IDLE deployment may be indicated by master 21.197 and 21.199) to operate the airplane to 5. MAX SPEED—300 KIAS caution aural and visual warnings, and/or a a location where the requirements of this AD The ‘‘Indicated In-flight Thrust Reverser REV UNLK light, and/or an ‘‘ENG REV can be accomplished. Deployment Procedure’’ listed above UNLK’’ ECAM caution message, and/or supersedes the ‘‘ENG REV UNLK’’ procedure airplane buffet or bank. Incorporation by Reference of the ‘‘Procedures Following Failure’’ (h) An alternative method of compliance or (j) The actions required by this AD shall be Section of the FAA approved AFM, section adjustment of the compliance time that done in accordance with the following number 4.02.00, page 1.’’ provides an acceptable level of safety may be service documents:

Document No. Pages Date

Middle River Aircraft Systems CF6±80A1/A3 ASB 78A4022 ...... 1±16 June 4, 1999. Total pages: 16. Middle River Aircraft Systems CF6±80C2A ASB 78A1081 ...... 1±15 June 4, 1999. Total pages: 15.

This incorporation by reference was DEPARTMENT OF TRANSPORTATION of the Federal Register as of October 8, approved by the Director of the Federal 1999. Register in accordance with 5 U.S.C. 552(a) Federal Aviation Administration ADDRESSES: The service information and 1 CFR part 51. Copies may be obtained referenced in this AD may be obtained 14 CFR Part 39 from Middle River Aircraft Systems, Mail from Fokker Services B.V., P.O. Box Point 46, 103 Chesapeake Park Plaza, [Docket No. 98±NM±364±AD; Amendment 231, 2150 AE Nieuw-Vennep, The Baltimore, MD, 21220–4295, attn: Product 39±11288; AD 99±18±22] Netherlands. This information may be Support Engineering; telephone (410) 682– examined at the Federal Aviation 0093, fax (410) 682–0100; and Airbus RIN 2120±AA64 Administration (FAA), Transport Industrie, 1 Rond Point Maurice Bellonte, Airworthiness Directives; Fokker Airplane Directorate, Rules Docket, 31707 Blagnac Cedex, France. Copies may be 1601 Lind Avenue, SW., Renton, inspected at the FAA, New England Region, Model F27 Series Airplanes Equipped Washington; or at the Office of the Office of the Regional Counsel, 12 New With Rolls-Royce 532±7 ``Dart 7'' (RDa± Federal Register, 800 North Capitol England Executive Park, Burlington, MA; or 7) Series Engines Street, NW., suite 700, Washington, DC. at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Washington, DC. Administration, DOT. Norman B. Martenson, Manager, International Branch, ANM–116, FAA, (k) This amendment becomes effective on ACTION: Final rule. September 24, 1999. Transport Airplane Directorate, 1601 SUMMARY: This amendment adopts a Lind Avenue, SW., Renton, Washington Issued in Burlington, Massachusetts, on new airworthiness directive (AD), 98055–4056; telephone (425) 227–2110; October 26, 1999. applicable to certain Fokker Model F27 fax (425) 227–1149. Jorge A. Fernandez, series airplanes, that requires revising SUPPLEMENTARY INFORMATION: A Assistant Manager, Engine and Propeller the Airplane Flight Manual (AFM) to proposal to amend part 39 of the Federal Directorate, Aircraft Certification Service. provide the flightcrew with modified Aviation Regulations (14 CFR part 39) to [FR Doc. 99–22851 Filed 9–2–99; 8:45 am] operational procedures to ensure include an airworthiness directive (AD) BILLING CODE 4910±13±U continuous operation with the high that is applicable to certain Fokker pressure cock (HPC) levers in the Model F27 series airplanes was lockout position. This amendment is published in the Federal Register on prompted by issuance of mandatory April 23, 1999 (64 FR 19940). That continuing airworthiness information by action proposed to require a revision to a foreign civil airworthiness authority. the Airplane Flight Manual (AFM) to The actions specified by this AD are provide the flightcrew with modified intended to prevent burnout of the operational procedures to ensure engines during flight by ensuring that continuous operation with the high the HPC levers are in a permanent pressure cock (HPC) levers in the lockout position. lockout position. DATES: Effective October 8, 1999. The incorporation by reference of Comments Received certain publications listed in the Interested persons have been afforded regulations is approved by the Director an opportunity to participate in the

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Therefore, in accordance with Executive Order 12612, Request To Mandate Rolls-Royce Statement of Unsafe Condition it is determined that this final rule does Modifications One commenter, the manufacturer, not have sufficient federalism Two commenters request that the notes that the proposed AD incorrectly implications to warrant the preparation FAA reconsider its position not to states that malfunctions of the automatic of a Federalism Assessment. require accomplishment of the engine and manual cruise lock withdrawal For the reasons discussed above, I modifications described in two Rolls- system can cause engine ‘‘overspeed certify that this action (1) is not a Royce Service Bulletins DA72–198 and burnout’’; the commenter requests ‘‘significant regulatory action’’ under (Modification 1232) and DA72–348 that this statement be corrected. The Executive Order 12866; (2) is not a (Modification 1550) in this proposed commenter states that such a ‘‘significant rule’’ under DOT AD. The commenters state that these malfunction will not cause an engine Regulatory Policies and Procedures (44 modifications are necessary for engines overspeed condition, but will only FR 11034, February 26, 1979); and (3) installed on the affected airplanes, and cause an engine turbine burnout. will not have a significant economic should be required prior to inflight Additionally, the actions required by impact, positive or negative, on a operation with the HPC levers in the the proposed AD (operation with the substantial number of small entities lockout position (i.e., with permanent HPC levers in the lockout position) will under the criteria of the Regulatory cruise pitch lock-out). only prevent an engine turbine burnout. Flexibility Act. A final evaluation has Modification 1550 enables the The FAA acknowledges that the been prepared for this action and it is propeller to be feathered automatically information provided by the commenter contained in the Rules Docket. A copy in the event of a gearbox disconnect. is correct and has revised the final rule of it may be obtained from the Rules One commenter states that, with the accordingly. Docket at the location provided under advent of Fokker Service Bulletin the caption ADDRESSES. F27/61–40 and the related Dutch Correction of Manufacturer’s Address airworthiness directive, the safety One commenter, the manufacturer, List of Subjects in 14 CFR Part 39 feature incurred by the cruise pitch lock informs the FAA that its address has Air transportation, Aircraft, Aviation (in relation to potential gearbox been changed and requests that the safety, Incorporation by reference, disconnect) is now proposed to be proposed AD be revised to provide the Safety. inhibited in order to prevent cruise correct address for obtaining service Adoption of the Amendment pitch lock ‘‘hang-ups’’. The commenter information. The FAA has made this considers that, under these change in the final rule. Accordingly, pursuant to the circumstances, Modification 1550 in authority delegated to me by the particular is now an extremely Conclusion Administrator, the Federal Aviation important safety feature for engine and After careful review of the available Administration amends part 39 of the propeller integrity. The commenter data, including the comments noted Federal Aviation Regulations (14 CFR notes that this view was accepted by the above, the FAA has determined that air part 39) as follows: Civil Aviation Authority (CAA) of the safety and the public interest require the United Kingdom (with Modification adoption of the rule with the changes PART 39ÐAIRWORTHINESS 1550 now mandatory for all Dart described previously. The FAA has DIRECTIVES installations), and by the determined that these changes will 1. The authority citation for part 39 Rijksluchtvaartdienst (RLD), which is neither increase the economic burden continues to read as follows: the airworthiness authority for the on any operator nor increase the scope Netherlands. of the AD. Authority: 49 U.S.C. 106(g), 40113, 44701. The FAA infers that the commenters § 39.13 [Amended] are requesting that the referenced Rolls- Cost Impact 2. Section 39.13 is amended by Royce modifications be mandated and The FAA estimates that 34 airplanes adding the following new airworthiness be included in this AD; the FAA of U.S. registry will be affected by this directive: partially concurs. Although the original AD, that it will take approximately 1 intent of the modifications was to auto- work hour per airplane to accomplish 99–18–22 Fokker: Amendment 39–11288. feather the propeller in the event of an the required AFM revision, and that the Docket 98–NM–364–AD. annulus gear failure and thereby limit average labor rate is $60 per work hour. Applicability: Model F27 series airplanes, secondary damage to the engine, the Based on these figures, the cost impact as listed in Fokker F27 Service Bulletin F27/ FAA acknowledges that the Rolls-Royce 61–40, Revision 1, dated August 1, 1997; of the AD on U.S. operators is estimated certificated in any category. engine modifications are considered to to be $2,040, or $60 per airplane. Compliance: Required as indicated, unless be an additional safety feature relative The cost impact figure discussed accomplished previously. to the actions required by this AD. above is based on assumptions that no To prevent turbine burnout of the engines After further discussions with the operator has yet accomplished any of during flight by ensuring that the high RLD, the manufacturer, and the FAA the requirements of this AD action, and pressure cock (HPC) levers are in a Engine and Propeller Directorate, the that no operator would accomplish permanent lockout position, accomplish the FAA will consider rulemaking to those actions in the future if this AD following: require these modifications. However, were not adopted. AFM Revision since these engine modifications are not Regulatory Impact (a) Within 6 months after the effective date intended to address the identified of this AD: Revise the Emergency, Normal, unsafe condition of this AD, and to The regulations adopted herein will and Abnormal Procedures Sections, as prevent further delay in the issuance of not have substantial direct effects on the applicable, of the FAA-approved Airplane this final rule, any such requirement States, on the relationship between the Flight Manual (AFM) by incorporation of will be addressed in separate national government and the States, or Fokker F27 Service Bulletin F27/61–40,

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Revision 1, dated August 1, 1997; including DEPARTMENT OF TRANSPORTATION (63 FR 29150). That action proposed to Fokker F27 Manual Change Notification require a one-time inspection of the (MCNO) F27–001, dated June 30, 1997. Federal Aviation Administration propeller de-ice system to verify the [MCNO F27–001 specifies procedures for proper functioning of the engine placing the HPC levers in a permanent 14 CFR Part 39 indication and crew alert system lockout position (with the cruise lock [Docket No. 98±NM±112±AD; Amendment (EICAS) for the de-ice system; and withdrawal system disabled) during 39±11287; AD 99±18±21] corrective action, if necessary. operation of the airplane.] This action may be accomplished by inserting a copy of the RIN 2120±AA64 Comments Received MCNO into the AFM. Interested persons have been afforded Airworthiness Directives; Dornier an opportunity to participate in the Alternative Methods of Compliance Model 328±100 Series Airplanes making of this amendment. Due (b) An alternative method of compliance or AGENCY: Federal Aviation consideration has been given to the adjustment of the compliance time that Administration, DOT. comments received. provides an acceptable level of safety may be ACTION: Final rule. used if approved by the Manager, Request To Revise Applicability of Proposed AD International Branch, ANM–116, FAA, SUMMARY: This amendment adopts a Transport Airplane Directorate. Operators new airworthiness directive (AD), The manufacturer requests that the shall submit their requests through an applicable to certain Dornier Model applicability statement of the proposed appropriate FAA Principal Operations 328–100 series airplanes, that requires a AD be limited only to airplanes on Inspector, who may add comments and then one-time inspection of the propeller de- which Dornier Alert Service Bulletin send it to the Manager, International Branch, ice system to verify the proper ASB–328–30–013, Revision 1, dated ANM–116. functioning of the engine indication and February 21, 1997 has not been Note 1: Information concerning the crew alert system (EICAS) for the de-ice accomplished. This service bulletin was existence of approved alternative methods of system; and corrective action, if referenced in the proposed AD as the compliance with this AD, if any, may be necessary. This amendment is prompted appropriate source of service obtained from the International Branch, by issuance of mandatory continuing information for accomplishment of the ANM–116. airworthiness information by a foreign inspection. The manufacturer provides a Special Flight Permits civil airworthiness authority. The compliance record of those airplanes on actions specified by this AD are which the alert service bulletin has been (c) Special flight permits may be issued in intended to prevent failure of the EICAS accomplished, stating that 46 of 50 accordance with sections 21.197 and 21.199 to provide a warning to the flightcrew affected U.S.-registered airplanes are in of the Federal Aviation Regulations (14 CFR in the event of failure of the propeller full compliance with the referenced 21.197 and 21.199) to operate the airplane to de-ice system, which could result in alert service bulletin, and that the a location where the requirements of this AD remaining airplanes are scheduled to can be accomplished. damage to the airplane and consequent loss of controllability of the airplane. comply soon. The manufacturer notes Incorporation by Reference DATES: Effective October 8, 1999. that it continually strives to encourage (d) The actions shall be done in accordance The incorporation by reference of compliance of manufacturer- with Fokker F27 Service Bulletin F27/61–40, certain publications listed in the recommended service bulletins. Revision 1, dated August 1, 1997; including regulations is approved by the Director However, limiting the applicability as Fokker F27 Manual Change Notification of the Federal Register as of October 8, stated would encourage operators to (MCNO) F27–001, dated June 30, 1997. This 1999. follow its recommendations in the future. incorporation by reference was approved by ADDRESSES: The service information The FAA concurs with the the Director of the Federal Register in referenced in this AD may be obtained commenter’s request. The FAA notes accordance with 5 U.S.C. 552(a) and 1 CFR from Fairchild Dornier, Dornier that such a change to the applicability part 51. Copies may be obtained from Fokker Luftfahrt GmbH, P.O. Box 1103, D– is not strictly necessary, since the Services B.V., P.O. Box 231, 2150 AE Nieuw- 82230 Wessling, Germany. This Compliance portion of the AD states Vennep, The Netherlands. Copies may be information may be examined at the ‘‘Required as indicated, unless inspected at the FAA, Transport Airplane Federal Aviation Administration (FAA), accomplished previously’’. However, if Directorate, 1601 Lind Avenue, SW., Renton, Transport Airplane Directorate, Rules the actions required by this AD have Washington; or at the Office of the Federal Docket, 1601 Lind Avenue, SW., been accomplished on an airplane, that Register, 800 North Capitol Street, NW., suite Renton, Washington; or at the Office of airplane is no longer subject to the 700, Washington, DC. the Federal Register, 800 North Capitol unsafe condition that these Note 2: The subject of this AD is addressed Street, NW., suite 700, Washington, DC. requirements are intended to prevent, in Dutch airworthiness directive 1996–130 FOR FURTHER INFORMATION CONTACT: (A), dated October 31, 1996. and does not need to be included in the Norman B. Martenson, Manager, applicability of this AD. The FAA has (e) This amendment becomes effective on International Branch, ANM–116, FAA, October 8, 1999. limited the applicability of the final rule Transport Airplane Directorate, 1601 to exclude airplanes on which Dornier Issued in Renton, Washington, on August Lind Avenue, SW., Renton, Washington Alert Service Bulletin ASB–328–30– 27, 1999. 98055–4056; telephone (425) 227–2110; 013, Revision 1, dated February 21, Vi L. Lipski, fax (425) 227–1149. 1997, has been accomplished. Acting Manager, Transport Airplane SUPPLEMENTARY INFORMATION: A Directorate, Aircraft Certification Service. proposal to amend part 39 of the Federal Request To Include Manufacturer’s Approved Repairs [FR Doc. 99–22920 Filed 9–2–99; 8:45 am] Aviation Regulations (14 CFR part 39) to BILLING CODE 4910±13±P include an airworthiness directive (AD) One commenter states that the that is applicable to all Dornier Model wording in paragraph (b) of the 328–100 series airplanes was published proposed AD places the FAA into an in the Federal Register on May 28, 1998 active role of participating in the

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For airplanes that have been modified, of the proposed AD requires, ‘‘prior to Regulatory Impact altered, or repaired so that the performance further flight, repair of the EICAS in of the requirements of this AD is affected, the accordance with a method approved by The regulations adopted herein will owner/operator must request approval for an the FAA’’. Since operators routinely not have substantial direct effects on the alternative method of compliance in schedule AD-related tasks on weekends States, on the relationship between the accordance with paragraph (c) of this AD. or overnights, it is most likely that an national government and the States, or The request should include an assessment of operator who finds a discrepancy or has on the distribution of power and the effect of the modification, alteration, or an unconfirmed discrepancy will incur responsibilities among the various repair on the unsafe condition addressed by a sizable delay or cancellation, because levels of government. Therefore, in this AD; and, if the unsafe condition has not the responsible FAA staff cannot be accordance with Executive Order 12612, been eliminated, the request should include contacted in time. The commenter it is determined that this final rule does specific proposed actions to address it. suggests that the FAA obtain the not have sufficient federalism Compliance: Required as indicated, unless additional repair instructions by implications to warrant the preparation accomplished previously. To prevent failure of the engine indication coordinating this request with the of a Federalism Assessment. and crew alert system (EICAS) to provide a airplane manufacturer prior to issuance For the reasons discussed above, I warning to the flightcrew in the event of of the final rule. certify that this action (1) is not a failure of the propeller de-ice system, which The FAA does not concur with the ‘‘significant regulatory action’’ under could result in damage to the airplane and commenter’s request. Specific repair Executive Order 12866; (2) is not a consequent loss of controllability of the instructions were not included in the ‘‘significant rule’’ under DOT airplane, accomplish the following: referenced service bulletin, and were Regulatory Policies and Procedures (44 (a) Within 30 days after the effective date not made available by the manufacturer FR 11034, February 26, 1979); and (3) of this AD, perform a one-time inspection of following issuance of the NPRM, so will not have a significant economic the propeller de-ice system to verify the cannot be included in this AD. impact, positive or negative, on a proper functioning of the EICAS for the de- ice system, in accordance with Dornier Alert However, in light of the type of repair substantial number of small entities Service Bulletin ASB–328–30–013, Revision that would be required to address the under the criteria of the Regulatory 1, dated February 21, 1997. identified unsafe condition, and in Flexibility Act. A final evaluation has (b) If the inspection required by paragraph consonance with existing bilateral been prepared for this action and it is (a) of this AD indicates that the EICAS is airworthiness agreements with contained in the Rules Docket. A copy malfunctioning, prior to further flight, repair Germany, the FAA has determined that, of it may be obtained from the Rules the EICAS in accordance with a method for this AD, repairs may also be Docket at the location provided under approved by the Manager, International approved by the Luftfahrt-Bundesamt the caption ADDRESSES. Branch, ANM–116, FAA, Transport Airplane (LBA) (or its delegated agent), which is Directorate, or the Luftfahrt-Bundesamt (or List of Subjects in 14 CFR Part 39 its delegated agent). the airworthiness authority for Air transportation, Aircraft, Aviation (c) An alternative method of compliance or Germany. Allowing repairs to be adjustment of the compliance time that approved by the LBA will provide safety, Incorporation by reference, provides an acceptable level of safety may be operators with additional means to Safety. used if approved by the Manager, quickly obtain an approved repair. Adoption of the Amendment International Branch, ANM–116. Operators Paragraph (b) of the final rule has been shall submit their requests through an revised accordingly. Accordingly, pursuant to the appropriate FAA Principal Maintenance authority delegated to me by the Inspector, who may add comments and then Conclusion Administrator, the Federal Aviation send it to the Manager, International Branch, After careful review of the available Administration amends part 39 of the ANM–116. data, including the comments noted Federal Aviation Regulations (14 CFR Note 2: Information concerning the above, the FAA has determined that air part 39) as follows: existence of approved alternative methods of safety and the public interest require the compliance with this AD, if any, may be PART 39ÐAIRWORTHINESS obtained from the International Branch, adoption of the rule with the changes ANM–116. described previously. The FAA has DIRECTIVES (d) Special flight permits may be issued in determined that these changes will 1. The authority citation for part 39 accordance with sections 21.197 and 21.199 neither increase the economic burden continues to read as follows: of the Federal Aviation Regulations (14 CFR on any operator nor increase the scope Authority: 49 U.S.C. 106(g), 40113, 44701. 21.197 and 21.199) to operate the airplane to of the AD. a location where the requirements of this AD § 39.13 [Amended] Cost Impact can be accomplished. 2. Section 39.13 is amended by (e) The inspection shall be done in The FAA estimates that 50 airplanes adding the following new airworthiness accordance with Dornier Alert Service of U.S. registry will be affected by this directive: Bulletin ASB–328–30–013, Revision 1, dated AD, that it will take approximately 1 February 21, 1997. This incorporation by work hour per airplane to accomplish 99–18–21 Dornier Luftfahrt GmbH: reference was approved by the Director of the Amendment 39–11287. Docket 98–NM– the required inspection, and that the Federal Register in accordance with 5 U.S.C. 112–AD. 552(a) and 1 CFR part 51. Copies may be average labor rate is $60 per work hour. Applicability: Model 328–100 series obtained from Fairchild Dornier, Dornier Based on these figures, the cost impact airplanes, except those on which Dornier Luftfahrt GmbH, P.O. Box 1103, D–82230 of the AD on U.S. operators is estimated Alert Service Bulletin ASB–328–30–013, Wessling, Germany. Copies may be inspected to be $3,000, or $60 per airplane. Revision 1, dated February 21, 1997, has at the FAA, Transport Airplane Directorate, The cost impact figure discussed been accomplished; certificated in any 1601 Lind Avenue, SW., Renton, above is based on assumptions that no category. Washington; or at the Office of the Federal

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Register, 800 North Capitol Street, NW., suite Renton, Washington; or at the FAA, its subsequent revisions must be 700, Washington, DC. Transport Airplane Directorate, Los considered and accomplished Note 3: The subject of this AD is addressed Angeles Aircraft Certification Office, concurrent with any other requirement in German airworthiness directive 97–066, 3960 Paramount Boulevard, Lakewood, specified within the parameters of the dated March 13, 1997. California; or at the Office of the Federal TC. (f) This amendment becomes effective on Register, 800 North Capitol Street, NW., From this comment, the FAA infers October 8, 1999. suite 700, Washington, DC. Issued in Renton, Washington, on August that the commenter is requesting that FOR FURTHER INFORMATION CONTACT: the proposed AD be withdrawn. The 27, 1999. Brent Bandley, Aerospace Engineer, Vi L. Lipski, FAA does not concur. In accordance Airframe Branch, ANM–120L, FAA, with the airworthiness standards Acting Manager, Transport Airplane Transport Airplane Directorate, Los requiring ‘‘damage tolerance Directorate, Aircraft Certification Service. Angeles Aircraft Certification Office, assessments’’ (current Section 1529 of [FR Doc. 99–22923 Filed 9–2–99; 8:45 am] 3960 Paramount Boulevard, Lakewood, 14 CFR parts 23, 25, 27, and 29; Section BILLING CODE 4910±13±P California 90712–4137; telephone (562) 627–5237; fax (562) 627–5210. 4 of 14 CFR parts 33 and 35; Section 82 of 14 CFR part 31; and the Appendices SUPPLEMENTARY INFORMATION: A DEPARTMENT OF TRANSPORTATION proposal to amend part 39 of the Federal referenced in those sections), all Aviation Regulations (14 CFR part 39) to products certificated to comply with Federal Aviation Administration include an airworthiness directive (AD) those sections must have Instructions for Continued Airworthiness (or, for 14 CFR Part 39 that is applicable to all McDonnell Douglas MD–90–30 series airplanes was some products, maintenance manuals), [Docket No. 98±NM±69±AD; Amendment published in the Federal Register on that include an Airworthiness 39±11289; AD 99±18±23] March 2, 1999 (64 FR 10113). That Limitations Section (ALS). RIN 2120±AA64 action proposed to require revising the Based on in-service data or post Airworthiness Limitations Section of certification testing and evaluation, the Airworthiness Directives; McDonnell the Instructions for Continued manufacturer may revise the ALS to Douglas Model MD±90±30 Series Airworthiness [MD–90–30 include new or more restrictive life Airplanes Airworthiness Limitations Instructions limits and inspections, or it may become AGENCY: Federal Aviation (ALI)] to incorporate certain necessary for the FAA to impose new or Administration, DOT. replacement times for safe-life limited more restrictive life limits and structural ACTION: Final rule. parts. inspections, in order to ensure Comments continued structural integrity and SUMMARY: This amendment adopts a continued compliance with damage Interested persons have been afforded new airworthiness directive (AD), tolerance requirements. However, in applicable to all McDonnell Douglas an opportunity to participate in the making of this amendment. Due order to require compliance with these MD–90–30 series airplanes, that new inspection requirements and life requires revising the Airworthiness consideration has been given to the comments received. limits for previously certificated Limitations Section of the Instructions airplanes, the FAA must engage in for Continued Airworthiness [MD–90– Support for the Proposal rulemaking. Because loss of structural 30 Airworthiness Limitations One commenter supports the integrity would constitute an unsafe Instructions (ALI)] to incorporate certain proposed rule. condition, it is appropriate to impose replacement times for safe-life limited these requirements through the AD parts. This amendment is prompted by Request To Withdraw Proposed AD process. Although prudent operators analysis of data that identified reduced One commenter states that timely may already have incorporated the latest replacement times for certain safe-life incorporation of revisions to the ALI revisions of the ALI, issuance of this AD limited parts. The actions specified by may be secured by processes other than ensures that all operators take this AD are intended to prevent fatigue the issuance of an AD. The commenter appropriate action to correct the cracking of various safe-life limited contends that the proposed AD places identified unsafe condition. It should be parts; such fatigue cracking could an unnecessary burden on engineering noted that, simultaneously with the adversely affect the structural integrity and maintenance personnel and defeats of these airplanes. the regulatory mandates that are issuance of the AD, the responsible Aircraft Certification Office (ACO) will DATES: Effective October 8, 1999. currently in place by standing Federal The incorporation by reference of Aviation Regulations (FAR). The ALI is revise the TC data sheet for the product certain publications listed in the currently monitored and revised as new to indicate the change in the regulations is approved by the Director revisions are issued and made available airworthiness limitations. of the Federal Register as of October 8, by the manufacturer. This practice is The practice of mandating ALS 1999. duplicated with other similar revisions has been used for several years ADDRESSES: The service information maintenance and operational and is not a novel or unique procedure. referenced in this AD may be obtained documents, including, but not limited The FAA finds that requiring ALS from The Boeing Company, Douglas to, aircraft maintenance manuals, flight revisions has the advantage of keeping Products Division, 3855 Lakewood manuals, pilot’s operating handbooks, all airworthiness limitations, whether Boulevard, Long Beach, California and aircraft service bulletins. The imposed by original certification or by 90846, Attention: Technical commenter also states that Model MD– AD, in one place within the operator’s Publications Business Administration, 90 series airplanes are operated in maintenance program, thereby reducing Dept. C1–L51 (2–60). This information accordance with the Type Certificate the risk of non-compliance because of may be examined at the Federal (TC) of the aircraft. In order to adhere oversight or confusion. In some cases Aviation Administration (FAA), to operation of the aircraft in accordance where there is a large fleet of airplanes Transport Airplane Directorate, Rules with the TC, the commenter asserts that with several small operators, it is Docket, 1601 Lind Avenue, SW., it is clear to operators that the ALI and possible that operators may not receive

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For Proposed AD the requirements of this AD action, and airplanes that have been modified, altered, or repaired so that the performance of the One commenter states that the that no operator would accomplish restriction imposed by paragraph (b) of requirements of this AD is affected, the those actions in the future if this AD owner/operator must request approval for an the proposed AD does not take into were not adopted. alternative method of compliance in consideration: (1) Any individual part Regulatory Impact accordance with paragraph (c) of this AD. with safe-life limits imposed by special The request should include an assessment of analysis and approved by the The regulations adopted herein will the effect of the modification, alteration, or manufacturer on an individual basis; or not have substantial direct effects on the repair on the unsafe condition addressed by (2) future revision of the safe-life limits States, on the relationship between the this AD; and, if the unsafe condition has not section of the ALI. The commenter also national government and the States, or been eliminated, the request should include states that the proposed AD would on the distribution of power and specific proposed actions to address it. ultimately requires that each part be responsibilities among the various Compliance: Required as indicated, unless analyzed by the manufacturer (and levels of government. Therefore, in accomplished previously. subsequently approved with a safe-life accordance with Executive Order 12612, To prevent fatigue cracking of various safe- limit deviation from the ALI) and it is determined that this final rule does life limited parts, which could adversely submitted to the FAA for approval as an not have sufficient federalism affect the structural integrity of these alternative method of compliance implications to warrant the preparation airplanes, accomplish the following: (AMOC). (a) Within 180 days after the effective date of a Federalism Assessment. of this AD, revise the Airworthiness From this comment, the FAA infers For the reasons discussed above, I that the commenter is requesting that Limitations Section of the Instructions for certify that this action (1) is not a Continued Airworthiness [Airworthiness paragraph (b) of the proposed AD be ‘‘significant regulatory action’’ under Limitations Instructions (ALI), McDonnell deleted. The FAA does not concur. Executive Order 12866; (2) is not a Douglas Report No. MDC–94K9000, dated Paragraph (b) is necessary because ‘‘significant rule’’ under DOT November 1994] to incorporate the Part section 91.403 of the FAR would Regulatory Policies and Procedures (44 Number, Item, and Mandatory Replacement otherwise permit operation in FR 11034, February 26, 1979); and (3) Time of certain safe-life limited parts by accordance with alternative inspection will not have a significant economic inserting a copy of Revision 3, dated intervals set forth in approved impact, positive or negative, on a November 1997, into the ALI. operations specifications or inspection substantial number of small entities (b) Except as provided by paragraph (c) of programs, which might conflict with the under the criteria of the Regulatory this AD: After the actions specified in intervals referenced in this AD. Flexibility Act. A final evaluation has paragraph (a) of this AD have been However, under the provisions of accomplished, no alternative replacement been prepared for this action and it is times may be approved for the safe-life paragraph (c) of the final rule, the FAA contained in the Rules Docket. A copy may approve requests for AMOC’s or limited parts specified in McDonnell Douglas of it may be obtained from the Rules ALI Report No. MDC–94K9000, Revision 3, adjustments to the compliance time if Docket at the location provided under dated November 1997. data are submitted to substantiate that the caption ADDRESSES. such a method or adjustment would Alternative Methods of Compliance provide an acceptable level of safety. List of Subjects in 14 CFR Part 39 (c) An alternative method of compliance or In addition, the FAA agrees with the Air transportation, Aircraft, Aviation adjustment of the compliance time that commenter that any reduction or safety, Incorporation by reference, provides an acceptable level of safety may be expansion to the safe-life limits has to Safety. used if approved by the Manager, the FAA, be coordinated between the operator, Transport Airplane Directorate, Los Angeles manufacturer, and the FAA. However, Adoption of the Amendment Aircraft Certification Office. Operators shall the FAA finds that this will not impose Accordingly, pursuant to the submit their requests through an appropriate a significant burden because such authority delegated to me by the FAA Principal Maintenance Inspector, who may add comments and then send it to the changes must already be FAA-approved. Administrator, the Federal Aviation Manager, Los Angeles ACO. Administration amends part 39 of the Conclusion Note 2: Information concerning the Federal Aviation Regulations (14 CFR existence of approved alternative methods of After careful review of the available part 39) as follows: data, including the comments noted compliance with this AD, if any, may be obtained from the Los Angeles ACO. above, the FAA has determined that air PART 39ÐAIRWORTHINESS safety and the public interest require the DIRECTIVES Special Flight Permits adoption of the rule as proposed. (d) Special flight permits may be issued in 1. The authority citation for part 39 accordance with sections 21.197 and 21.199 Cost Impact continues to read as follows: of the Federal Aviation Regulations (14 CFR There are approximately 150 Authority: 49 U.S.C. 106(g), 40113, 44701. 21.197 and 21.199) to operate the airplane to airplanes of the affected design in the a location where the requirements of this AD worldwide fleet. The FAA estimates that § 39.13 [Amended] can be accomplished. 2. Section 39.13 is amended by 100 airplanes of U.S. registry will be Incorporation by Reference affected by this AD, that it will take adding the following new airworthiness directive: (e) The ALI revision shall be done in approximately 1 work hour per airplane accordance with McDonnell Douglas to accomplish the required actions, and 99–18–23 McDonnell Douglas: Amendment Airworthiness Limitations Instructions that the average labor rate is $60 per 39–11289. Docket 98–NM–69–AD. Report No. MDC–94K9000, Revision 3, dated work hour. Based on these figures, the Applicability: All Model MD–90–30 November 1997, which contains the cost impact of the AD on U.S. operators airplanes, certificated in any category. following list of effective pages:

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Date shown on Page No. Revision level shown on page page

List of Effective Pages ...... Not Shown ...... November 1997.

(Note: The revision level is indicated only on this AD are intended to prevent analysis indicates that extending the the Title page; no other page contains this inadvertent in-flight thrust reverser initial compliance interval would information.) This incorporation by reference deployment, which can result in loss of increase the probability of an was approved by the Director of the Federal control of the airplane. inadvertent deployment of the thrust Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained DATES: Effective November 2, 1999. reverser in-flight and provide an from The Boeing Company, Douglas Products The incorporation by reference of unacceptable level of safety. The FAA Division, 3855 Lakewood Boulevard, Long certain publications listed in the determined the need to establish system Beach, California 90846, Attention: Technical regulations is approved by the Director integrity in the fleet, and the 600 hour Publications Business Administration, Dept. of the Federal Register as of November TIS initial compliance interval for CF6– C1–L51 (2–60). Copies may be inspected at 2, 1999. 80C2A series engines provides that level the FAA, Transport Airplane Directorate, ADDRESSES: The service information of safety. The desire to conform 1601 Lind Avenue, SW., Renton, inspections to an operator’s scheduled Washington; or at the FAA, Transport referenced in this AD may be obtained Airplane Directorate, Los Angeles Aircraft from Middle River Aircraft Systems, maintenance, by itself, is not sufficient Certification Office, 3960 Paramount Mail Point 46, 103 Chesapeake Park to change the initial inspection interval. Boulevard, Lakewood, California; or at the Plaza, Baltimore, MD, 21220–4295, attn: One commenter requests inspections Office of the Federal Register, 800 North Warranty Support, telephone: (410) performed in accordance with Revision Capitol Street, NW., suite 700, Washington, 682–0094, fax: (410) 682–0100. This 1 of Middle River Aircraft Systems CF6– DC. information may be examined at the 80A1/A3 Service Bulletin (SB) No. 78– (f) This amendment becomes effective on Federal Aviation Administration (FAA), 1002 be accepted for compliance with October 8, 1999. New England Region, Office of the the proposed rule. The FAA does not Issued in Renton, Washington, on August Regional Counsel, 12 New England concur. Revision 3 of SB No. 78–1002 27, 1999. Executive Park, Burlington, MA; or at includes inspections of electrical cables, Vi L. Lipski, the Office of the Federal Register, 800 the aft frame, and the ball screw housing Acting Manager, Transport Airplane North Capitol Street, NW, suite 700, that are not included in earlier Directorate, Aircraft Certification Service. Washington, DC. revisions. One commenter states that airplanes [FR Doc. 99–22922 Filed 9–2–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±13±P that have not had components removed, William S. Ricci, Aerospace Engineer, replaced, or modified which could alter Engine Certification Office, FAA, Engine the actuation system rigging, or that and Propeller Directorate, 12 New DEPARTMENT OF TRANSPORTATION have undergone previous health check England Executive Park, Burlington, MA inspections, should not be required to Federal Aviation Administration 01803–5299; telephone (781) 238–7742, have the fan reverser operational check fax (781) 238–7199. portion of the initial inspection 14 CFR Part 39 SUPPLEMENTARY INFORMATION: A performed. The FAA does not concur. [Docket No. 98±ANE±54±AD; Amendment proposal to amend part 39 of the Federal The purpose of a fan reverser 39±11286; AD 99±18±20] Aviation Regulations (14 CFR part 39) to operational check is to ensure that the include an airworthiness directive (AD) system has been restored to operational RIN 2120±AA64 that is applicable to General Electric status after inspections have been Company (GE) CF6–50, –80A1/A3, and Airworthiness Directives; General completed. –80C2A series turbofan engines One commenter requests that the Electric Company CF6±50, ±80A1/A3, installed on Airbus A300 and A310 reporting requirement, contained in the and ±80C2A Series Turbofan Engines series airplanes was published in the Accomplishment Instructions of the SB, AGENCY: Federal Aviation Federal Register on February 23, 1999 should be omitted from the proposed Administration, DOT. (64 FR 8762). That action proposed to rule. The FAA does not concur. The ACTION: Final rule. require initial and repetitive thrust instruction to report inspection results reverser inspections and checks, and is to the manufacturer, not the FAA. The SUMMARY: This amendment adopts a allow extended repetitive inspection FAA did not impose a specific reporting new airworthiness directive (AD), intervals if an optional double p-seal requirement in the proposed rule. applicable to General Electric Company configuration is installed. However, the FAA recommends (GE) CF6–50, –80A1/A3, and –80C2A Interested persons have been afforded reporting inspection results to the series turbofan engines installed on an opportunity to participate in the manufacturer in accordance with the Airbus A300 and A310 series airplanes, making of this amendment. Due SB, as reporting inspection results is that requires initial and repetitive thrust consideration has been given to the important to ensure that the failure rate reverser inspections and checks, and comments received. data used in the risk analysis to allows extended repetitive inspection One commenter requests an initial establish inspection requirements and intervals if an optional double p-seal inspection interval of at least 860 hours intervals remain valid. configuration is installed. This time-in-service (TIS). The commenter One commenter believes it is not amendment is prompted by the report of states that it performs B-checks at necessary to start the engine to perform a higher than anticipated center drive intervals of 430 hours TIS and opens the the operational check. The FAA unit (CDU) cone brake failure rate which fan reverser at every other B-check (at concurs. Connection of an external reduces the overall thrust reverser intervals of 860 hours TIS) for engine pneumatic power source to the airplane system protection against inadvertent accessibility. The FAA does not concur. ground connection, or auxiliary power deployment. The actions specified by The thrust reverser system safety unit (APU), in accordance with the

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FR 11034, February 26, 1979); and (3) paragraph 2, Accomplishment Instructions, One commenter requests that specific will not have a significant economic of Middle River Aircraft Systems CF6–50 revision numbers and part numbers be impact, positive or negative, on a Service Bulletin (SB) No. 78–3001, Revision 2, dated December 18, 1997, as follows: omitted from the proposed rule and that substantial number of small entities (i) Perform the initial inspections and the phrase ‘‘current or later revision’’ be under the criteria of the Regulatory checks within 1,500 hours time-in-service added. The FAA does not concur. It is Flexibility Act. A final evaluation has (TIS) after the effective date of this AD. the FAA’s policy not to issue blanket been prepared for this action and it is (ii) Thereafter, perform inspections and approvals for documents that have not contained in the Rules Docket. A copy checks at intervals not to exceed 6,000 hours been published yet. Each document is of it may be obtained from the Rules TIS since last check. reviewed individually to make sure it Docket at the location provided under (2) For CF6–80A1/A3 series engines, fulfills all requirements. Operators may the caption ADDRESSES. perform inspections and checks in request an alternate method of accordance with paragraph 2, List of Subjects in 14 CFR Part 39 Accomplishment Instructions, of Middle compliance (AMOC) to utilize later River Aircraft Systems CF6–80A1/A3 SB No. revisions of SBs in accordance with Air Transportation, Aircraft, Aviation 78–1002, Revision 3, dated January 21, 1999, paragraph (b) of this final rule. safety, Incorporation by reference, as follows: One commenter (the manufacturer of Safety. (i) Perform the initial inspections and the thrust reverser system) requests that Adoption of the Amendment checks within 1,500 hours TIS after the the mail stop and telephone number for effective date of this AD. its technical publications department be Accordingly, pursuant to the (ii) Thereafter, perform inspections and changed. The FAA concurs and the authority delegated to me by the checks at intervals not to exceed 7,000 hours information has been changed in this Administrator, the Federal Aviation TIS since last check. (3) For CF6–80C2A series engines, perform final rule. Administration amends part 39 of the Federal Aviation Regulations (14 CFR inspections and checks in accordance with One commenter (the engine paragraph 2, Accomplishment Instructions, manufacturer) requests that the engine part 39) as follows: of Middle River Aircraft Systems CF6–80C2 model designation of the GE CF6–80C2 Alert Service Bulletin (ASB) No. 78A1015, PART 39ÐAIRWORTHINESS engine be changed to –80C2A. The FAA Revision 5, dated January 21, 1999, as concurs and this final rule has been DIRECTIVES follows: corrected. 1. The authority citation for part 39 (i) Perform the initial inspections and checks within 600 hours TIS after the After careful review of the available continues to read as follows: data, including the comments noted effective date of this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. (ii) Thereafter, perform repetitive above, the FAA has determined that air inspections and checks as follows: safety and the public interest require the § 39.13 [Amended] (A) For engines with a double p-seal adoption of the rule with the changes 2. Section 39.13 is amended by configuration, having translating cowl part described previously. The FAA has adding the following new airworthiness numbers 491B1613000–109 or D52B1000–9, determined that these changes will directive: perform repetitive inspections and checks at neither increase the economic burden intervals not to exceed 7,000 hours TIS since on any operator nor increase the scope 99–18–20 General Electric Company: last inspection. Amendment 39–11286. Docket 98–ANE– (B) For all other engines, perform repetitive of the AD. 54–AD. There are approximately 849 engines inspections and checks at intervals not to Applicability: General Electric Company exceed 600 hours TIS since last inspection. of the affected design in the worldwide (GE) CF6–50, –80A1/A3, and –80C2A series (4) Perform corrective actions or deactivate fleet. The FAA estimates that 193 turbofan engines, installed on Airbus A300 the fan reverser in accordance with engines installed on aircraft of US and A310 series airplanes. paragraph 2, Accomplishment Instructions, registry will be affected by this AD, that Note 1: This airworthiness directive (AD) of the applicable SB or ASB prior to further it will take approximately 5 work hours applies to each engine identified in the flight. per engine to accomplish the required preceding applicability provision, regardless (b) An alternative method of compliance or actions, and that the average labor rate of whether it has been modified, altered, or adjustment of the compliance time that is $60 per work hour. Based on these repaired in the area subject to the provides an acceptable level of safety may be figures, the total cost impact of the AD requirements of this AD. For engines that used if approved by the Manager, Engine have been modified, altered, or repaired so Certification Office. Operators shall submit on US operators is estimated to be their request through an appropriate FAA $57,900. that the performance of the requirements of this AD is affected, the owner/operator must Principal Maintenance Inspector, who may The regulations adopted herein will request approval for an alternative method of add comments and then send it to the not have substantial direct effects on the compliance in accordance with paragraph (b) Manager, Engine Certification Office. States, on the relationship between the of this AD. The request should include an Note 2: Information concerning the national government and the States, or assessment of the effect of the modification, existence of approved alternative methods of on the distribution of power and alteration, or repair on the unsafe condition compliance with this airworthiness directive, responsibilities among the various addressed by this AD; and, if the unsafe if any, may be obtained from the Engine levels of government. Therefore, in condition has not been eliminated, the Certification Office. accordance with Executive Order 12612, request should include specific proposed (c) Special flight permits may be issued in it is determined that this final rule does actions to address it. accordance with sections 21.197 and 21.199 not have sufficient federalism Compliance: Required as indicated, unless of the Federal Aviation Regulations (14 CFR implications to warrant the preparation accomplished previously. 21.197 and 21.199) to operate the aircraft to To prevent inadvertent in-flight thrust a location where the requirements of this AD of a Federalism Assessment. reverser deployment, which can result in loss can be accomplished. For the reasons discussed above, I of control of the airplane, accomplish the (d) The actions required by this AD shall certify that this action (1) is not a following: be done in accordance with the following ‘‘significant regulatory action’’ under (a) Perform initial and repetitive thrust Middle River Aircraft Systems service Executive Order 12866; (2) is not a reverser inspections and checks as follows: documents:

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Document No. Pages Revision Date

CF6±50 SB 78±3001 ...... 1±43 2 December 18, 1997. Total Pages: 43. CF6±80A1/A3 SB 78±1002 ...... 1±31 3 January 21, 1999. Total Pages: 31. CF6±80C2 ASB 78A1015 ...... 1±32 5 January 21, 1999. Total Pages: 32.

This incorporation by reference was 305), Food and Drug Administration, products that were previously regarded approved by the Director of the Federal 5630 Fishers Lane, rm. 1061, Rockville, as drugs. These products are known as Register in accordance with 5 U.S.C. 552(a) MD 20852. ‘‘transitional’’ devices and are subject to and 1 CFR part 51. Copies may be obtained FOR FURTHER INFORMATION CONTACT: regulation under section 520(l) of the act from Middle River Aircraft Systems, Mail (21 U.S. C. 360j(l)). In the Federal Point 46, 103 Chesapeake Park Plaza, Ellen M. Waldron, Center for Food Baltimore, MD, 21220–4295, attn: Warranty Safety and Applied Nutrition (HFS– Register of December 16, 1977 (42 FR Support, telephone: (410) 682–0094, fax: 215), 200 C St. SW., Washington, DC 63472), FDA published a notice listing (410) 682–0100. Copies may be inspected at 20204, 202–418–3089. those products that had previously been the FAA, New England Region, Office of the SUPPLEMENTARY INFORMATION: considered to be drugs that FDA now Regional Counsel, 12 New England Executive considered to be devices under the Park, Burlington, MA; or at the Office of the I. Introduction amendments. FDA listed nonabsorbable Federal Register, 800 North Capitol Street, In a notice published in the Federal surgical sutures, and absorbable surgical NW, suite 700, Washington, DC. Register of November 19, 1992 (57 FR sutures as transitional devices in the (e) This amendment becomes effective on 54598), FDA announced that a color December 1977 notice (42 FR 63472 at November 2, 1999. additive petition (CAP 2C0239) had 63474). Various types of surgical sutures Issued in Burlington, Massachusetts, on been filed by Biomet, Inc., P.O. Box 587, are classified as devices in 21 CFR August 26, 1999. Warsaw, IN 46581–0587. The petition 878.4493, 878.4830, 878.5000, 878.5010, Jorge A. Fernandez, proposed to amend the color additive 878.5020, and 878.5030. Because all Acting Manager, Engine and Propeller regulations to provide for the safe use of surgical sutures are regulated as devices, Directorate, Aircraft Certification Service. FD&C Blue No. 2–Aluminum Lake to FDA is redesignating its listing of FD&C [FR Doc. 99–22967 Filed 9–2–99; 8:45 am] color bone cement. The petition was Blue No. 2 in sutures from § 74.1102 BILLING CODE 4910±13±P filed under section 706(d)(1) of the under subpart B—Drugs to new Federal Food, Drug, and Cosmetic Act § 74.3102 under subpart D—Medical (the act) (21 U.S.C. 376(d)(1)), presently Devices. DEPARTMENT OF HEALTH AND designated as 721(d)(1) of the act (21 HUMAN SERVICES U.S.C. 379e(d)(1)). II. Regulatory History and Current The agency is changing the name of Listings Food and Drug Administration the color additive used in the filing In a final rule published in the notice to FD&C Blue No. 2–Aluminum Federal Register on February 13, 1971 21 CFR Part 74 Lake on alumina to make it conform to (36 FR 2967), FDA added 21 CFR 8.4022 [Docket No. 92C±0348] the nomenclature proposed for the (presently § 74.1102) to list FD&C Blue permanent listing of color additive lakes No. 2 for use to color nylon sutures for Listing of Color Additives for Coloring (61 FR 8372, March 4, 1996). To reflect general surgery. In this final rule, FDA Bone Cement; FD&C Blue No. 2± that sutures in which this color additive also added specifications for FD&C Blue Aluminum Lake on Alumina is used are devices, not drugs, the No. 2 for use to color sutures. agency also is transferring the listing for In the Federal Register of February 4, AGENCY: Food and Drug Administration, the use of FD&C Blue No. 2 in sutures 1983 (48 FR 5252), FDA issued a final HHS. from § 74.1102 FD&C Blue No. 2 (21 rule adding § 74.102 and amending ACTION: Final rule. CFR 74.1102) under subpart B—Drugs to § 74.1102 to permanently list the color new § 74.3102 FD&C Blue No. 2 (21 CFR additive FD&C Blue No. 2 for use in SUMMARY: The Food and Drug 74.3102) under subpart D—Medical Administration (FDA) is amending the food and ingested drugs, respectively. In Devices and is making nonsubstantive color additive regulations to provide for the February 4, 1983, final rule, FDA amendments to § 74.1102. This transfer the safe use of FD&C Blue No. 2– also added new specifications for FD&C will provide for all medical device uses Aluminum Lake on alumina to color Blue No. 2 for use in food and ingested of FD&C Blue No. 2 and its lake to be bone cement. This action responds to a drugs that identified the color additive listed uniformly and more correctly petition filed by Biomet, Inc. The more precisely than those specifications under subpart D—Medical Devices. agency also is transferring the listing for that had previously been included in Section 74.1102(c)(1)(iv) is being FD&C Blue No. 2 in sutures to reflect the the provisional listing for FD&C Blue removed because it is no longer suture in which this color additive is No. 2 in 21 CFR part 82. Further, to applicable. used are devices not drugs. provide adequate assurance of safety, The Medical Device Amendments the agency specified in the February 4, DATES: This regulation is effective (Public Law 94–295) (the amendments) 1983, final rule (48 FR 5252 at 5259– October 5, 1999; except as to any were enacted into law on May 28, 1976, 5260), through a general description, the provisions that may be stayed by the to provide a comprehensive system of manufacturing process for FD&C Blue filing of proper objections; written regulation for devices. These No. 2. objections and requests for a hearing by amendments (21 U.S.C. 321, et seq.) October 4, 1999. expanded the definition of device, III. Applicability of the Act ADDRESSES: Submit written objections to under section 201(h) of the act (21 With the passage of the Medical the Dockets Management Branch (HFA– U.S.C. 321(h)), to include many Device Amendments of 1976 (Public

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Law 94–295), Congress mandated the 2, also demonstrated no adverse effects. significant impact and the evidence listing of color additives for use in The dietary route of exposure utilized in supporting that finding, contained in an medical devices when the color additive these studies with FD&C Blue No. 2 is environmental assessment, may be seen in the device comes into direct contact not comparable to the route of exposure in the Dockets Management Branch with the body for a significant period of from the proposed use of FD&C Blue No. (address above) between 9 a.m. and 4 time (section 721(a) of the act). The 2–Aluminum Lake on alumina in bone p.m., Monday through Friday. color additive FD&C Blue No. 2– cement, but the absence of adverse Aluminum Lake on alumina is added to effects associated with exposure to IX. Paperwork Reduction Act of 1995 bone cement in such a way that at least FD&C Blue No. 2 helps to mitigate This final rule contains no collection some of the color additive will come concern for systemic toxicity from the of information. Therefore, clearance by into contact with the body for a use of FD&C Blue No. 2–Aluminum the Office of Management and Budget significant period of time when the bone Lake on alumina in bone cement. Based under the Paperwork Reduction Act of cement is in place. In addition, the bone on review of all available toxicological 1995 is not required. cement may be used in permanent joint data on FD&C Blue No. 2 and FD&C X. Objections replacements. Thus, for both of these Blue No. 2–Aluminum Lake on alumina, uses, the color additive FD&C Blue No. the agency concludes that the limited Any person who will be adversely 2–Aluminum Lake on alumina will be exposure resulting from the proposed affected by this regulation may at any in direct contact with the body for a use of FD&C Blue No. 2–Aluminum time on or before October 4, 1999, file significant period of time. Lake on alumina in bone cement is safe. with the Dockets Management Branch Consequently, the petitioned use of the (address above) written objections VI. Conclusions color additive is subject to the statutory thereto. Each objection shall be listing requirement. FDA has evaluated the data and separately numbered, and each information in the petition and other IV. The Color Additive numbered objection shall specify with relevant material. Based on this particularity the provisions of the The color additive that is the subject information the agency concludes that: regulation to which objection is made of this rule, FD&C Blue No. 2– (1) The proposed use of FD&C Blue No. and the grounds for the objection. Each Aluminum Lake on alumina (CAS Reg. 2–Aluminum Lake on alumina, at a numbered objection on which a hearing No. 16521–38–3), is the aluminum salt level not to exceed 0.1 percent by is requested shall specifically so state. of the color additive FD&C Blue No. 2, weight of the bone cement, to color bone Failure to request a hearing for any extended on a substratum of alumina. cement is safe; and (2) the color additive particular objection shall constitute a The aluminum salt is formed when will achieve its intended coloring effect, waiver of the right to a hearing on that FD&C Blue No. 2 is mixed with and thus, is suitable for this use. objection. Each numbered objection for aluminum sulfite, sodium carbonate, Further, the agency concludes that the which a hearing is requested shall and water. The color additive FD&C color additive regulations in part 74 (21 include a detailed description and Blue No. 2 is identified in § 74.102(a)(1). CFR part 74) should be amended as set analysis of the specific factual V. Safety Evaluation forth below. information intended to be presented in To reflect that sutures in which this support of the objection in the event FDA estimates that the petitioned use color additive is used are devices, not that a hearing is held. Failure to include of the additive, FD&C Blue No. 2– drugs, the agency is redesignating the Aluminum Lake on alumina, at a level such a description and analysis for any current listing for the use of the color particular objection shall constitute a not to exceed 0.1 percent by weight of additive FD&C Blue No. 2 in sutures the bone cement, would result in waiver of the right to a hearing on the from § 74.1102, subpart B—Drugs to objection. Three copies of all documents exposure no greater than 90 micrograms new § 74.3102, subpart D—Medical per person over a 70-year lifetime or an shall be submitted and shall be Devices and is making nonsubstantive identified with the docket number ‘‘estimated daily intake’’ of 3 nanograms amendments to § 74.1102. per person per day. Actual exposure to found in brackets in the heading of this the subject color additive from the VII. Inspection of Documents document. Any objections received in response to the regulation may be seen proposed use is expected to be In accordance with § 71.15 (21 CFR significantly lower, because lakes are in the Dockets Management Branch 71.15), the petition and the documents between 9 a.m. and 4 p.m., Monday deliberately formulated to be insoluble that FDA considered and relied upon in and the petitioner submitted data to through Friday. FDA will publish notice reaching its decision to approve the of the objections that the agency has demonstrate that FD&C Blue No. 2– petition are available for inspection at Aluminum Lake on alumina does not received or lack thereof in the Federal the Center for Food Safety and Applied Register. leach from cured bone cement in Nutrition by appointment with the detectable quantities under simulated information contact person listed above. List of Subjects in 21 CFR Part 74 conditions of use. As provided in § 71.15, the agency will To establish the safety of FD&C Blue Color additives, Cosmetics, Drugs, delete from the documents any Medical devices. No. 2–Aluminum Lake on alumina, the materials that are not available for petitioner has submitted data from Therefore, under the Federal Food, public disclosure before making the Drug, and Cosmetic Act and under muscle implantation tests on the bone documents available for inspection. cement in rabbits, intraperitoneal authority delegated to the Commissioner toxicity studies of the cement in dogs, VIII. Environmental Impact of Food and Drugs, 21 CFR part 74 is intracutaneous testing of cement The agency has carefully considered amended as follows: extracts in rabbits, and cytotoxicity the potential environmental effects of PART 74ÐLISTING OF COLOR tests. No adverse effects attributable to this action. FDA has concluded that the ADDITIVES SUBJECT TO FD&C Blue No. 2–Aluminum Lake on action will not have a significant impact CERTIFICATION alumina were reported in these studies. on the human environment, and that an Feeding studies available in agency files environmental impact statement is not 1.The authority citation for 21 CFR with the straight color, FD&C Blue No. required. The agency’s finding of no part 74 continues to read as follows:

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Authority: 21 U.S.C. 321, 341, 342, 343, as waiving any of the requirements of Heckman LLP, 1001 G St. NW., suite 348, 351, 352, 355, 361, 362, 371, 379e. sections 510(k), 515, and 520(g) of the 500 West, Washington, DC 20001. The Federal Food, Drug, and Cosmetic Act petition proposed to amend the food § 74.1102 [Amended] with respect to the medical device in additive regulations in § 175.125 2. Section 74.1102 FD&C Blue No. 2 which the color additive FD&C Blue No. Pressure-sensitive adhesives (21 CFR is amended by removing paragraphs 2 and the color additive FD&C Blue No. 175.125) to provide for the safe use of (b)(1) and (c)(1); and by redesignating 2–Aluminum Lake on alumina are used. butylated reaction product of p-cresol paragraphs (b)(2) and (c)(2) as (d) Labeling. The labels of the color and dicyclopentadiene as an antioxidant paragraphs (b) and (c) respectively. additive FD&C Blue No. 2 and the color in pressure-sensitive adhesives intended 3. Section 74.3102 is added to subpart additive FD&C Blue No. 2–Aluminum for use in contact with food. D to read as follows: Lake on alumina shall conform to the FDA has evaluated data in the requirements of § 70.25 of this chapter. petition and other relevant material. § 74.3102 FD&C Blue No. 2. (e) Certification. All batches of FD&C Based on this information, the agency Blue No. 2 and its lake shall be certified concludes that: (1) The proposed use of (a) Identity. The color additive FD&C in accordance with regulations in part the additive is safe, (2) the additive will Blue No. 2 shall conform in identity to 80 of this chapter. achieve its intended technical effect, the requirements of § 74.102(a)(1). Dated: August 25, 1999. and therefore, (3) the regulations in (b) Specifications. (1) The color § 175.125 should be amended as set Margaret M. Dotzel, additive FD&C Blue No. 2 for use in forth below. coloring surgical sutures shall conform Acting Associate Commissioner for Policy. In accordance with § 171.1(h) (21 CFR to the following specifications and shall [FR Doc. 99–22994 Filed 9–2–99; 8:45 am] 171.1(h)), the petition and the be free from impurities other than those BILLING CODE 4160±01±F documents that FDA considered and named to the extent that such impurities relied upon in reaching its decision to may be avoided by current good approve the petition are available for manufacturing practice: DEPARTMENT OF HEALTH AND inspection at the Center for Food Safety Sum of volatile matter at 135 °C (275 °F) HUMAN SERVICES and Applied Nutrition by appointment and chlorides and sulfates (calculated as with the information contact person Food and Drug Administration sodium salts), not more than 15 percent. listed above. As provided in § 171.1(h), Water insoluble matter, not more than 0.4 the agency will delete from the percent. 21 CFR Part 175 Isatin-5-sulfonic acid, not more than 0.4 documents any materials that are not [Docket No. 99F±1420] percent. available for public disclosure before making the documents available for Isomeric colors, not more than 18 percent. Indirect Food Additives: Adhesives Lower sulfonated subsidiary colors, not inspection. more than 5 percent. and Components of Coatings The agency has previously considered Lead (as Pb), not more than 10 parts per the environmental effects of this final AGENCY: Food and Drug Administration, million. rule as announced in the Notice of HHS. Arsenic (as As), not more than 3 parts per Filing for FAP 9B4663 (64 FR 28500). million. ACTION: Final rule. No new information or comments have Total color, not less than 85 percent. been received that would affect the SUMMARY: The Food and Drug (2) The color additive FD&C Blue No. agency’s previous determination that Administration (FDA) is amending the 2–Aluminum Lake on alumina for use there is no significant impact on the food additive regulations to provide for in bone cement shall be prepared in human environment and that an the safe use of butylated reaction accordance with the requirements of environmental impact statement is not product of p-cresol and § 82.51 of this chapter. required. (c) Uses and restrictions. (1) The color dicyclopentadiene as an antioxidant in This final rule contains no collection additive FD&C Blue No. 2 may be safely pressure-sensitive adhesives intended of information. Therefore, clearance by used for coloring nylon (the copolymer for use in contact with food. This action the Office of Management and Budget of adipic acid and hexamethylene responds to a petition filed by Goodyear under the Paperwork Reduction Act of diamine) surgical sutures for use in Tire and Rubber Co. 1995 is not required. general surgery subject to the following DATES: This regulation is effective Any person who will be adversely restrictions: September 3, 1999. Submit written affected by this regulation may at any (i) The quantity of color additive does objections and requests for a hearing by time on or before October 4, 1999, file not exceed 1 percent by weight of the October 4, 1999. with the Dockets Management Branch suture; ADDRESSES: Submit written objections to (address above) written objections (ii) The dyed suture shall conform in the Dockets Management Branch (HFA– thereto. Each objection shall be all respects to the requirements of the 305), Food and Drug Administration, separately numbered, and each United States Pharmacopeia XX (1980); 5630 Fishers Lane, rm. 1061, Rockville, numbered objection shall specify with and MD 20852. particularity the provisions of the (iii) When the sutures are used for the FOR FURTHER INFORMATION CONTACT: Vir regulation to which objection is made purposes specified in their labeling, the D. Anand, Center for Food Safety and and the grounds for the objection. Each color additive does not migrate to the Applied Nutrition (HFS–215), Food and numbered objection on which a hearing surrounding tissues. Drug Administration, 200 C St. SW., is requested shall specifically so state. (2) The color additive FD&C Blue No. Washington, DC 20204, 202–418–3081. Failure to request a hearing for any 2–Aluminum Lake on alumina may be SUPPLEMENTARY INFORMATION: In a notice particular objection shall constitute a safely used for coloring bone cement at published in the Federal Register May waiver of the right to a hearing on that a level not to exceed 0.1 percent by 26, 1999 (64 FR 28500), FDA announced objection. Each numbered objection for weight of the bone cement. that a food additive petition (FAP which a hearing is requested shall (3) Authorization and compliance 9B4663) had been filed by Goodyear include a detailed description and with these uses shall not be construed Tire and Rubber Co., c/o Keller and analysis of the specific factual

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Three copies of all documents [Docket No. 98F±1122] making the documents available for shall be submitted and shall be inspection. identified with the docket number Indirect Food Additives: Adjuvants, The agency has previously considered found in brackets in the heading of this Production Aids, and Sanitizers the environmental effects of this rule as document. Any objections received in announced in the notice of filing for AGENCY: Food and Drug Administration, FAP 9B4637 (63 FR 68778). No new response to the regulation may be seen HHS. in the Dockets Management Branch information or comments have been ACTION: Final Rule. received that would affect the agency’s between 9 a.m. and 4 p.m., Monday previous determination that there is no through Friday. SUMMARY: The Food and Drug Administration (FDA) is amending the significant impact on the human List of Subjects in 21 CFR Part 175 food additive regulations to provide for environment and that an environmental the safe use of dimethylolpropionic acid impact statement is not required. Adhesives, Food additives, Food as a pigment dispersant for pigments This final rule contains no collection packaging. used as components of food-contact of information. Therefore, clearance by Therefore, under the Federal Food, articles. This action is in response to a the Office of Management and Budget Drug, and Cosmetic Act and under petition filed by Geo Specialty under the provisions of the Paperwork authority delegated to the Commissioner Chemicals. Reduction Act of 1995 is not required. Any person who will be adversely of Food and Drugs and redelegated to DATES: This regulation is effective the Director, Center for Food Safety and September 3, 1999. Submit written affected by this regulation may at any Applied Nutrition, 21 CFR part 175 is objections and requests for a hearing time on or before October 4, 1999, file amended as follows: October 4, 1999. with the Dockets Management Branch (address above) written objections ADDRESSES: Submit written objections to PART 175ÐINDIRECT FOOD thereto. Each objection shall be the Dockets Management Branch (HFA– ADDITIVES: ADHESIVES AND separately numbered, and each 305), Food and Drug Administration, COMPONENTS OF COATINGS numbered objection shall specify with 5630 Fishers Lane, rm. 1061, Rockville, particularity the provisions of the MD 20852. 1. The authority citation for 21 CFR regulation to which objection is made part 175 continues to read as follows: FOR FURTHER INFORMATION CONTACT: Vir and the grounds for the objection. Each D. Anand, Center for Food Safety and numbered objection on which a hearing Authority: 21 U.S.C. 321, 342, 348, 379e. Applied Nutrition (HFS–215), Food and is requested shall specifically so state. Drug Administration, 200 C St. SW., 2. Section 175.125 is amended in Failure to request a hearing for any Washington, DC 20204, 202–418–3081. paragraph (b)(2) by alphabetically particular objection shall constitute a adding an entry to read as follows: SUPPLEMENTARY INFORMATION: In a notice waiver of the right to a hearing on that published in the Federal Register of objection. Each numbered objection for § 175.125 Pressure-sensitive adhesives. December, 14, 1998 (63 FR 68777), FDA which a hearing is requested shall announced that a food additive petition include a detailed description and * * * * * (FAP 9B4637) had been filed by Geo analysis of the specific factual (b) * * * Specialty Chemicals, c/o Keller and information intended to be presented in (2) * * * Heckman LLP, 1001 G St. NW., suite support of the objection in the event Butylated reaction product of p-cresol and 500 West, Washington, DC 20001. The that a hearing is held. Failure to include dicyclopentadiene produced by reacting p- petition proposed to amend the food such a description and analysis for any cresol and dicyclopentadiene in an additive regulations in § 178.3725 particular objection shall constitute a approximate mole ratio of 1.5 to 1.0, Pigment dispersants (21 CFR 178.3725) waiver of the right to a hearing on the respectively, followed by alkylation with to provide for the safe use of objection. Three copies of all documents isobutylene so that the butyl content of the dimethylolpropionic acid as a shall be submitted and shall be final product is not less than 18 percent, for dispersant for pigments used as identified with the docket number use at levels not to exceed 1.0 percent by components of food-contact articles. found in brackets in the heading of this weight of the adhesive formulation. FDA has evaluated data in the document. Any objections received in petition and other relevant material. response to the regulation may be seen * * * * * Based on this information, the agency in the Dockets Management Branch Dated: August 26, 1999. concludes that: (1) The proposed use of between 9 a.m. and 4 p.m., Monday L. Robert Lake, the additive is safe, (2) the additive will through Friday. achieve its intended technical effect, Director, Office of Policy, Planning and List of Subjects in 21 CFR Part 178 Strategic Initiatives, Center for Food Safety and therefore, (3) the regulations in and Applied Nutrition. § 178.3725 should be amended as set Food additives, Food packaging. [FR Doc. 99–22996 Filed 9–2–99; 8:45 am] forth below. Therefore, under the Federal Food, BILLING CODE 4160±01±F In accordance with § 171.1(h) (21 CFR Drug, and Cosmetic Act and under 171.1(h)), the petition and the authority delegated to the Commissioner documents that FDA considered and of Food and Drugs and redelegated to relied upon in reaching its decision to the Director, Center for Food Safety and approve the petition are available for Applied Nutrition, 21 CFR part 178 is inspection at the Center for Food Safety amended as follows:

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PART 178ÐINDIRECT FOOD Authority: 21 U.S.C. 321, 342, 348, 379e. § 178.3725 Pigment dispersants. ADDITIVES: ADJUVANTS, 2. Section 178.3725 is amended in the * * * * * PRODUCTION AIDS, AND SANITIZERS table by alphabetically adding an entry 1. The authority citation for 21 CFR under the headings ‘‘Substances’’ and part 178 continues to read as follows: ‘‘Limitations’’ to read as follows:

Substances Limitations

Dimethylolpropionic acid (CAS Reg. No. 4767±03±7)...... For use only at levels not to exceed 0.45 percent by weight of the pig- ment. The pigmented articles may contact all foods under conditions of use A through H as described in Table 2 of § 176.170(c) of this chapter. *******

Dated: August 26, 1999. October 21, 1998 (63 FR 56197), FDA available for public disclosure before L. Robert Lake, announced that a food additive petition making the documents available for Director, Office of Policy, Planning and (FAP 8B4633) had been filed by Great inspection. Strategic Initiatives, Center for Food Safety Lakes Chemical Corp., c/o Keller and The agency has previously considered and Applied Nutrition. Heckman LLP, 1001 G St. NW., suite the environmental effects of this rule as [FR Doc. 99–23001 Filed 9–2–99; 8:45 am] 500 West, Washington, DC 20001. The announced in the notice of filing for BILLING CODE 4160±01±F petition proposed to amend the food FAP 8B4633 (63 FR 56197). No new additive regulations in § 178.2010 information or comments have been Antioxidants and/or stabilizers for received that would affect the agency’s DEPARTMENT OF HEALTH AND polymers (21 CFR 178.2010) to provide previous determination that there is no HUMAN SERVICES for the safe use of siloxanes and significant impact on the human silicones, methyl hydrogen, reaction environment and that an environmental Food and Drug Administration products with 2,2,6,6-tetramethyl-4-(2- impact statement is not required. propenyloxy)piperidine as a UV 21 CFR Part 178 This final rule contains no collection stabilizer for high density polyethylene of information. Therefore, clearance by [Docket No. 98F±0893] and polypropylene intended for use in the Office of Management and Budget contact with food. under the Paperwork Reduction Act of Indirect Food Additives: Adjuvants, The petition was subsequently 1995 is not required. Production Aids, and Sanitizers amended to request the use of the Any person who will be adversely AGENCY: Food and Drug Administration, additive only in polypropylene, at a affected by this regulation may at any HHS. maximum level of use of 0.33 percent by time on or before October 4, 1999, file ACTION: Final rule. weight of the polymer. Because the with the Dockets Management Branch request to amend the petition is for a (address above) written objections SUMMARY: The Food and Drug use that is within the scope of the filing thereto. Each objection shall be Administration (FDA) is amending the notice of October 21, 1998, the agency separately numbered, and each food additive regulations to provide for determined that an amended filing numbered objection shall specify with the safe use of siloxanes and silicones, notice was not required. Accordingly, particularity the provisions of the methyl hydrogen, reaction products the regulation in this document regulation to which objection is made with 2,2,6,6-tetramethyl-4-(2- provides for the amended clearance and the grounds for the objection. Each propenyloxy)piperidine as an ultraviolet sought by the petitioner. numbered objection on which a hearing (UV) stabilizer for polypropylene FDA has evaluated the data in the is requested shall specifically so state. intended for use in contact with food. petition and other relevant material. Failure to request a hearing for any This action responds to a petition filed Based on this information, the agency particular objection shall constitute a by Great Lakes Chemical Corp. concludes that: (1) the proposed use of waiver of the right to a hearing on that DATES: This regulation is effective the additive is safe, (2) the additive will objection. Each numbered objection for September 3, 1999. Submit written achieve its intended technical effect, which a hearing is requested shall objections and requests for a hearing by and therefore, (3) the regulations in include a detailed description and October 4, 1999. § 178.2010 should be amended as set analysis of the specific factual ADDRESSES: Submit written objections to forth below. information intended to be presented in the Dockets Management Branch (HFA– In accordance with § 171.1(h) (21 CFR support of the objection in the event 305), Food and Drug Administration, 171.1(h)), the petition and the that a hearing is held. Failure to include 5630 Fishers Lane, rm. 1061, Rockville, documents that FDA considered and such a description and analysis for any MD 20852. relied upon in reaching its decision to particular objection shall constitute a FOR FURTHER INFORMATION CONTACT: Vir approve the petition are available for waiver of the right to a hearing on the D. Anand, Center for Food Safety and inspection at the Center for Food Safety objection. Three copies of all documents Applied Nutrition (HFS–215), Food and and Applied Nutrition by appointment shall be submitted and shall be Drug Administration, 200 C St. SW., with the information contact person identified with the docket number Washington, DC 20204, 202–418–3081. listed above. As provided in § 171.1(h), found in brackets in the heading of this SUPPLEMENTARY INFORMATION: In a notice the agency will delete from the document. Any objections received in published in the Federal Register of documents any materials that are not response to the regulation may be seen

VerDate 18-JUN-99 17:16 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\03SER1.XXX pfrm01 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48293 in the Dockets Management Branch the Director, Center for Food Safety and 2. Section 178.2010 is amended in the between 9 a.m. and 4 p.m., Monday Applied Nutrition, 21 CFR part 178 is table in paragraph (b) by alphabetically through Friday. amended as follows: adding an entry under the headings ‘‘Substances’’ and ‘‘Limitations’’ to read List of Subjects in 21 CFR Part 178 PART 178ÐINDIRECT FOOD as follows: ADDITIVES: ADJUVANTS, Food additives, Food packaging. PRODUCTION AIDS, AND SANITIZERS. § 178.2010 Antioxidants and/or stabilizers Therefore, under the Federal Food, for polymers. Drug, and Cosmetic Act and under 1. The authority citation for 21 CFR authority delegated to the Commissioner part 178 continues to read as follows: * * * * * of Food and Drugs and redelegated to Authority: 21 U.S.C. 321, 342, 348, 379e. (b) * * *

Substances Limitations

*******

Siloxanes and silicones, methyl hydrogen, reaction products with For use as an ultraviolet (UV) stabilizer only at levels not to exceed 2,2,6,6-tetramethyl-4-(2-propenyloxy)piperidine (CAS Reg. No. 0.33 percent by weight of polypropylene complying with 182635±99±0). § 177.1520(c) of this chapter, items 1.1a, 1.1b, 1.2, and 1.3, under conditions of use D, E, F, and G, as described in Table 2 of § 176.170 of this chapter. *******

Dated: August 26, 1999. EFFECTIVE DATE: SEPTEMBER 3, 1999. implant. Component T–S with Tylan L. Robert Lake, FOR FURTHER INFORMATION CONTACT: Jack implant contains 140 mg trenbolone Director, Office of Policy, Planning and Caldwell, Center for Veterinary acetate in seven pellets and 29 mg Strategic Initiatives, Center for Food Safety Medicine (HFV–126), Food and Drug tylosin tartrate in one pellet. It is used and Applied Nutrition. Administration, 7500 Standish Pl., for improved feed efficiency in growing- [FR Doc. 99–23000 Filed 9–2–99; 8:45 am] Rockville, MD 20855, 301–827–0217. finishing feedlot steers. It should be BILLING CODE 4160±01±F SUPPLEMENTARY INFORMATION: Ivy reimplanted once after 63 days. Laboratories, Div. of Ivy Animal Health, Component T–H with Tylan implant Inc., 8857 Bond St., Overland Park, KS contains 200 mg trenbolone acetate in DEPARTMENT OF HEALTH AND 66214, filed the following applications: 10 pellets and 29 mg tylosin tartrate in HUMAN SERVICES Supplemental NADA 110–315 for 1 pellet. It is used for increased rate of Component E–S with Tylan implant weight gain and improved feed Food and Drug Administration (200 milligrams (mg) progesterone and efficiency in growing-finishing feedlot heifers. It should be used in feedlot 21 CFR Parts 510 and 522 20 mg estradiol benzoate in eight pellets with 29 mg tylosin tartrate in one pellet) heifers only, during approximately the Implantation or Injectable Dosage for increased rate of weight gain and last 63 days prior to slaughter. Form New Animal Drugs; Estradiol and improved feed efficiency in steers The supplements are approved as of Testosterone, Progesterone and weighing 400 pounds (lb) or more, and July 20, 1999, and the regulations are   Estradiol, Trenbolone, and Trenbolone Component E–C with Tylan implant amended in § 522.842 (21 CFR 522.842) and Estradiol, With Tylosin (100 mg progesterone and 10 mg and 21 CFR 522.1940, 522.2476, and estradiol benzoate in four pellets with 522.2477 to reflect the approvals. The AGENCY: Food and Drug Administration, 29 mg tylosin tartrate in one pellet) for basis of approval is discussed in the HHS. increased rate of weight gain in suckling freedom of information summaries. ACTION: Final rule. beef calves up to 400 lb of body weight. Also, § 522.842 is amended to remove Supplemental NADA 135–906 for several outdated paragraphs. SUMMARY: The Food and Drug Component E–H with Tylan implant Administration (FDA) is amending the (20 mg estradiol benzoate and 200 mg In addition, the sponsor has informed animal drug regulations to reflect testosterone propionate in eight pellets FDA of the change of corporate name to approval of four supplemental with 29 mg tylosin tartrate in one pellet) Ivy Laboratories, Div. of Ivy Animal applications filed by Ivy Laboratories, for growth promotion and improved Health, Inc. FDA is amending 21 CFR Div. of Ivy Animal Health, Inc., two feed efficiency in heifers weighing 400 510.600(c) to reflect the new name. supplemental new animal drug lb or more. In accordance with the freedom of applications (NADA’s) and two Supplemental ANADA 200–221 for information provisions of 21 CFR part supplemental abbreviated new animal Component TE–S with Tylan 20 and 514.11(e)(2)(ii), a summary of drug applications (ANADA’s). The implant (120 mg trenbolone acetate and safety and effectiveness data and supplemental applications provide for 24 mg estradiol in six pellets with 29 mg information submitted to support addition of tylosin as a local tylosin tartrate in one pellet) for approval of each supplement may be antibacterial to estradiol/testosterone, increased rate of weight gain and seen in the Dockets Management Branch progesterone/estradiol, trenbolone, and improved feed efficiency in feedlot (HFA–305), Food and Drug trenbolone/estradiol cattle ear implants. steers. Administration, 5630 Fishers Lane, rm. The products are subcutaneous implants Supplemental ANADA 200–224 for 1061, Rockville, MD 20852, between 9 for cattle for weight gain and/or feed Component T–S with Tylan implant a.m. and 4 p.m., Monday through efficiency. and Component T–H with Tylan Friday.

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Under section 512(c)(2)(F)(iii) of the Laboratories, Inc.’’ and in paragraph (1) Suckling beef calves—(i) Amount. Federal Food, Drug, and Cosmetic Act (c)(2) in the entry for ‘‘021641’’ by (A) 100 milligrams of progesterone and (21 U.S.C. 360b(c)(2)(F)(iii)), these removing the sponsor name and adding 10 milligrams of estradiol benzoate in approvals for food producing animals in its place ‘‘Ivy Laboratories, Div. of Ivy four pellets per implant dose. qualify for 3 years of marketing Animal Health, Inc.’’. (B) 100 milligrams of progesterone exclusivity beginning July 20, 1999, and 10 milligrams of estradiol benzoate because the supplemental applications PART 522ÐIMPLANTATION OR in four pellets with 29 milligrams of contain substantial evidence of the INJECTABLE DOSAGE FORM NEW tylosin tartrate as a local antibacterial in effectiveness of the drug involved, any ANIMAL DRUGS one pellet per implant dose. studies of animal safety, or, in the case 3. The authority citation for 21 CFR * * * * * of food-producing animals, human food part 522 continues to read as follows: (2) Steers—(i) Amount—(A) 200 safety studies (other than milligrams of progesterone and 20 bioequivalence or residue studies) Authority: 21 U.S.C. 360b. milligrams estradiol benzoate in eight required for the approvals and 4. Section 522.842 is amended by pellets per implant dose. conducted or sponsored by the removing and reserving paragraph (a) (B) 200 milligrams progesterone and applicant. The 3 years of marketing and removing paragraph (e), by revising 20 milligrams estradiol benzoate in exclusivity apply only to the addition of paragraph (b) and the introductory text eight pellets with 29 milligrams tylosin tylosin tartrate to the implants as a local of paragraph (d), by redesignating tartrate as a local antibacterial in one antibacterial. paragraph (d)(1) as paragraph (d)(1)(i) pellet per implant dose. FDA has carefully considered the and by adding paragraph (d)(1)(ii) to * * * * * potential environmental effects of these read as follows: 6. Section 522.2476 is amended by actions. FDA has concluded that the revising paragraph (b), by redesignating actions will not have a significant § 522.842 Estradiol benzoate and the text of paragraphs (d)(1) and (d)(2) testosterone propionate in combination. impact on the human environment, and as paragraphs (d)(1)(i) and (d)(2)(i), and that an environmental impact statement (a) [Reserved] by adding paragraphs (d)(1)(ii) and is not required. The agency’s finding of (b) Sponsors. See 000856 in (d)(2)(ii) to read as follows: no significant impact and the evidence § 510.600(c) of this chapter for use as in supporting that finding, contained in an paragraph (d)(1)(i), (d)(2), and (d)(3) of § 522.2476 Trenbolone acetate. environmental assessment, may be seen this section. See 021641 in § 510.600(c) * * * * * in the Dockets Management Branch of this chapter for use as in paragraph (b) Sponsors. See 012579 in (address above) between 9 a.m. and 4 (d) of this section. § 510.600(c) of this chapter for use as in p.m., Monday through Friday. * * * * * paragraphs (d)(1)(i), (d)(2)(i), and (d)(3) This rule does not meet the definition (d) Conditions of use—Heifers. For of this section. See 021641 in of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because implantation as follows: § 510.600(c) of this chapter for use as in paragraphs (d)(1), (d)(2), and (d)(3) of it is a rule of ‘‘particular applicability.’’ (1) Amount. (i) 20 milligrams this section. Therefore, it is not subject to the estradiol benzoate and 200 milligrams congressional review requirements in 5 testosterone propionate in eight pellets * * * * * U.S.C. 801–808. per implant dose. (d) * * * (1) * * * (ii) 20 milligrams estradiol benzoate List of Subjects (ii) 200 milligrams trenbolone acetate and 200 milligrams testosterone (10 pellets of 20 milligrams each) with 21 CFR Part 510 propionate in eight pellets with 29 29 milligrams tylosin tartrate as a local milligrams tylosin tartrate as a local Administrative practices and antibacterial (1 pellet) per implant dose, antibacterial in one pellet, per implant procedures, Animal drugs, Labeling, for increased rate of weight gain and dose. Reporting and recordkeeping improved feed efficiency in growing- requirements. * * * * * finishing feedlot heifers. Use last 63 21 CFR Part 522 5. Section 522.1940 is amended by days prior to slaughter. revising paragraph (b); by redesignating (2) * * * Animal drugs. paragraphs (d)(1)(i) and (d)(2)(i) as (ii) 140 milligrams trenbolone acetate Therefore, under the Federal Food, paragraphs (d)(1)(i)(A) and (d)(2)(i)(A); (seven pellets of 20 milligrams each) Drug, and Cosmetic Act and under by revising newly redesignated with 29 milligrams tylosin tartrate as a authority delegated to the Commissioner (d)(1)(i)(A) and (d)(2)(i)(A); and by local antibacterial (one pellet) per of Food and Drugs and redelegated to adding paragraphs (d)(1)(i)(B), and implant dose, for improved feed the Center for Veterinary Medicine, 21 (d)(2)(i)(B) to read as follows: efficiency in growing-finishing feedlot CFR parts 510 and 522 are amended as steers. Use 126 days prior to slaughter. follows: § 522.1940 Progesterone and estradiol benzoate in combination. Should be reimplanted once 63 days prior to slaughter. PART 510ÐNEW ANIMAL DRUGS * * * * * (b) Sponsors. See 000856 in * * * * * 1. The authority citation for 21 CFR § 510.600(c) of this chapter for use as in 7. Section 522.2477 is amended by part 510 continues to read as follows: paragraphs (d)(1)(i)(A), (d)(1)(ii), redesignating paragraphs (a), (b), (c), (d)(1)(iii), (d)(2)(i)(A), (d)(2)(ii), and (c)(1)(i) as paragraphs (b), (c), (d), Authority: 21 U.S.C. 321, 331, 351, 352, and (d)(1)(i)(A); by reserving paragraph 353, 360b, 371, 379e. (d)(2)(iii), and (d)(3) of this section. See 021641 in § 510.600(c) of this chapter (a); by revising newly redesignated paragraph (b); and by adding paragraph § 510.600 [Amended] for use as in paragraphs (d)(1) and (d)(1)(i)(B) to read as follows: 2. Section 510.600 Names, addresses, (d)(2)(i) through (d)(2)(iii)(A) of this and drug labeler codes of sponsors of section. § 522.2477 Trenbolone acetate and approved applications is amended in * * * * * estradiol. paragraph (c)(1) in the entry for ‘‘Ivy (d) * * * (a) [Reserved]

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(b) Sponsors. See 012579 in longer marketed and has requested the DEPARTMENT OF HEALTH AND § 510.600(c) of this chapter for use as in size be deleted. The supplemental HUMAN SERVICES paragraphs (d)(1)(i)(A), (d)(1)(ii), NADA is approved as of August 3, 1999, (d)(1)(iii), (d)(2), and (d)(3) of this and the regulations are amended in 21 Food and Drug Administration section. See 021641 in § 510.600(c) of CFR 520.812(a) to reflect the approval. this chapter for use as in paragraph 21 CFR Parts 556 and 558 In accordance with the freedom of (d)(1) of this section. information provisions of 21 CFR part New Animal Drugs For Use In Animal * * * * * 20 and 514.11(e)(2)(ii), a summary of Feeds; Semduramicin and (d) * * * safety and effectiveness data and Virginiamycin (1) * * * information submitted to support (i) * * * AGENCY: Food and Drug Administration, (B) 120 milligrams trenbolone acetate approval of this application may be seen HHS. in the Dockets Management Branch and 24 milligrams estradiol in 6 pellets ACTION: Final rule. with 29 milligrams tylosin tartrate as a (HFA–305), Food and Drug local antibacterial in 1 pellet per Administration, 5630 Fishers Lane, rm. SUMMARY: The Food and Drug implant dose. 1061, Rockville, MD 20852, between 9 Administration (FDA) is amending the animal drug regulations to reflect * * * * * a.m. and 4 p.m., Monday through Friday. approval of a new animal drug Dated: August 24, 1999. The agency has determined under 21 application (NADA) filed by Pfizer, Inc. Claire M. Lathers, The NADA provides for using approved CFR 25.33(d)(1) that this action is of a Director, Office of New Animal Drug single ingredient semduramicin and type that does not individually or Evaluation, Center for Veterinary Medicine. virginiamycin Type A medicated cumulatively have a significant effect on [FR Doc. 99–22995 Filed 9–2–99; 8:45 am] articles to make combination drug Type the human environment. Therefore, BILLING CODE 4160±01±F C medicated broiler chicken feeds. neither an environmental assessment Approval of the NADA also provides for nor an environmental impact statement tolerances for semduramicin residues DEPARTMENT OF HEALTH AND is required. and an acceptable daily intake (ADI) for HUMAN SERVICES This rule does not meet the definition semduramicin and for virginiamycin. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because EFFECTIVE DATE: September 3, 1999. Food and Drug Administration it is a rule of ‘‘particular applicability.’’ FOR FURTHER INFORMATION CONTACT: 21 CFR Part 520 Therefore, it is not subject to the Charles J. Andres, Center for Veterinary congressional review requirements in 5 Medicine (HFV–128), Food and Drug Oral Dosage Form New Animal Drugs; U.S.C. 801–808. Administration, 7500 Standish Pl., Enrofloxacin Tablets Rockville, MD 20855, 301–827–1600. List of Subjects in 21 CFR Part 520 SUPPLEMENTARY INFORMATION: Pfizer, AGENCY: Food and Drug Administration, Inc., 235 East 42d St., New York, NY HHS. Animal drugs. 10017, filed NADA 141–114 that Therefore, under the Federal Food, ACTION: Final rule. provides for combining approved Drug, and Cosmetic Act and under Aviax (22.7 grams per pound (g/lb) SUMMARY: The Food and Drug authority delegated to the Commissioner semduramicin) and Stafac (20 or 227 Administration (FDA) is amending the of Food and Drugs and redelegated to animal drug regulations to reflect g/lb virginiamycin) Type A medicated the Center for Veterinary Medicine, 21 articles to make combination drug Type approval of a supplemental new animal CFR part 520 is amended as follows: drug application (NADA) filed by Bayer C medicated broiler chicken feeds. The Type C medicated broiler feeds Corp., Agriculture Division, Animal PART 520ÐORAL DOSAGE FORM containing 25 parts per million (ppm) Health. The supplemental NADA NEW ANIMAL DRUGS provides for an additional tablet size for (22.7 g/ton (t)) semduramicin and 5 to 15 g/t virginiamycin are used for the enrofloxacin tablets used in dogs and 1. The authority citation for 21 CFR prevention of coccidiosis caused by cats for the management of diseases part 520 continues to read as follows: associated with bacteria susceptible to Eimeria tenella, E. acervulina, E. Authority: 21 U.S.C. 360b. enrofloxacin and for the removal of a maxima, E. brunetti, E. necatrix, and E. tablet size no longer marketed. mivati/mitis, and for increased rate of § 520.812 [Amended] weight gain. The Type C medicated EFFECTIVE DATE: September 3, 1999. 2. Section 520.812 Enrofloxacin broiler feeds containing 25 ppm FOR FURTHER INFORMATION CONTACT: tablets is amended in paragraph (a) by semduramicin and 5 g/t virginiamycin Dennis M. Bensley, Center for removing ‘‘5.7, 22.7, or 68.0’’ and are used for the prevention of Veterinary Medicine (HFV–143), Food adding in its place ‘‘22.7, 68.0, or 136.0’’ coccidiosis caused by E. tenella, E. and Drug Administration, 7500 Standish . acervulina, E. maxima, E. brunetti, E. Pl., Rockville, MD 20855, 301–594– necatrix, and E. mivati/mitis, and for 1705. Dated: August 24, 1999. increased rate of weight gain and SUPPLEMENTARY INFORMATION: Bayer Claire M. Lathers, improved feed efficiency. The Type C Corp., Agriculture Division, Animal Director, Office of New Animal Drug medicated broiler feeds containing 25 Health, P.O. Box 390, Shawnee Mission, Evaluation, Center for Veterinary Medicine. ppm semduramicin and 20 g/t KS 66201, filed supplemental NADA [FR Doc. 99–22998 Filed 9–3–99; 8:45 am] virginiamycin are used for the  140–441 Baytril tablets (enrofloxacin) BILLING CODE 4160±01±F prevention of coccidiosis caused by E. that provides for 136-milligram (mg) tenella, E. acervulina, E. maxima, E. tablet size in addition to 22.7- and 68.0- brunetti, E. necatrix, and E. mivati/ mg tablets. Furthermore, the sponsor mitis, and for prevention of necrotic stated that the 5.7-mg tablets are no enteritis caused by Clostridium

VerDate 18-JUN-99 17:16 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\03SER1.XXX pfrm01 PsN: 03SER1 48296 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations perfringens susceptible to List of Subjects § 558.555 Semduramicin. virginiamycin. 21 CFR Part 556 * * * * * The NADA is approved as of July 27, (b) Related tolerances. See § 556.597 Animal drugs, Foods. 1999. The regulations are amended in of this chapter. 21 CFR 558.555 by redesignating 21 CFR Part 558 (c) [Reserved] (d) Conditions of use in broiler paragraph (b) as paragraph (d), by Animal drugs, Animal feeds. chickens. * * * adding new paragraph (b) and adding Therefore, under the Federal Food, (5) Amount. Semduramicin 22.7 and reserving paragraph (c), by revising Drug, and Cosmetic Act and under the grams with virginiamycin 20 grams per the heading of newly redesignated authority delegated to the Commissioner ton. paragraph (d), by removing the of Food and Drugs and redelegated to (i) Indications for use. For the introductory text of newly redesignated the Center for Veterinary Medicine, 21 prevention of coccidiosis caused by paragraph (d)(1), and by adding CFR parts 556 and 558 are amended as Eimeria tenella, E. acervulina, E. paragraphs (d)(5), (d)(6), and (d)(7) to follows: maxima, E. brunetti, E. necatrix, and E. reflect the approval. Also, the PART 556ÐTOLERANCES FOR mivati/mitis, and for prevention of regulations are amended in 21 CFR necrotic enteritis caused by Clostridium 558.635 by removing paragraphs (a), (c), RESIDUES OF NEW ANIMAL DRUGS IN FOOD perfringens susceptible to (e)(3), and (e)(4), by redesignating virginiamycin. paragraphs (b), (d), (e), and (f) as 1. The authority citation for 21 CFR (ii) Limitations. For broiler chickens paragraphs (a), (b), (c), and (d), by part 556 continues to read as follows: only. Feed continuously as sole ration. correcting the cross-references in newly Authority: 21 U.S.C. 342, 360b, 371. Do not feed to laying hens. redesignated paragraph (a) from Semduramicin and virginiamycin as paragraph (f) to paragraph (d), by 2. Section 556.597 is added to read as provided by 000069 in § 510.600(c) of correcting a typographical error in follows: this chapter. newly redesignated paragraph (d)(2)(i), § 556.597 Semduramicin. (6) Amount. Semduramicin 22.7 and by adding paragraph (d)(4)(vii) to (a) Acceptable daily intake (ADI). The grams with virginiamycin 5 to 15 grams also reflect the approval. The basis for ADI for total residues of semduramicin per ton. (i) Indications for use. For the approval is discussed in the freedom of is 180 micrograms per kilogram of body prevention of coccidiosis caused by information summary. weight per day. Furthermore, neither an ADI for (b) Tolerances—(1) Broiler chickens. Eimeria tenella, E. acervulina, E. semduramicin or for virginiamycin nor Tolerances are established for residues maxima, E. brunetti, E. necatrix, and E. a tolerance for semduramicin residues of parent semduramicin in uncooked mivati/mitis, and for increased rate of have been previously established. At edible tissues of 400 parts per billion weight gain. (ii) Limitations. For broiler chickens this time, 21 CFR 556.597 is added to (ppb) in liver and 130 ppb in muscle. only. Feed continuously as sole ration. establish an ADI and a tolerance for (2) [Reserved] Do not feed to laying hens. semduramicin. Also, 21 CFR 556.750 is 3. Section 556.750 is revised to read Semduramicin and virginiamycin as amended to remove language referring as follows: provided by 000069 in § 510.600(c) of to negligible residues in swine, broiler § 556.750 Virginiamycin. this chapter. chicken, and cattle tissues to provide for (a) Acceptable daily intake (ADI). The (7) Amount. Semduramicin 22.7 an ADI for virginiamycin, and to reflect ADI for total residues of virginiamycin grams with virginiamycin 5 grams per a revised format. is 250 micrograms per kilogram of body ton. In accordance with the freedom of weight per day. (i) Indications for use. For the information provisions of 21 CFR part (b) Tolerances—(1) Swine. Tolerances prevention of coccidiosis caused by 20 and 514.11(e)(2)(ii), a summary of are established for residues of Eimeria tenella, E. acervulina, E. safety and effectiveness data and virginiamycin in uncooked edible maxima, E. brunetti, E. necatrix, and E. information submitted to support tissues of 0.4 part per million (ppm) in mivati/mitis, and for increased rate of approval of this application may be seen kidney, skin, and fat, 0.3 ppm in liver, weight gain and improved feed in the Dockets Management Branch and 0.1 ppm in muscle. efficiency. (HFA–305), Food and Drug (2) Broiler chickens and cattle. A (ii) Limitations. For broiler chickens Administration, 5630 Fishers Lane, rm. tolerance for residues of virginiamycin only. Feed continuously as sole ration. 1061, Rockville, MD 20852, between 9 is not required. Do not feed to laying hens. a.m. and 4 p.m., Monday through Semduramicin and virginiamycin as Friday. PART 558ÐNEW ANIMAL DRUGS FOR provided by 000069 in § 510.600(c) of USE IN ANIMAL FEEDS this chapter. The agency has determined under 21 6. Section 558.635 is amended by CFR 25.33(a)(2) that this action is of a 4. The authority citation for 21 CFR part 558 continues to read as follows: removing paragraphs (a), (c), (e)(3), and type that does not individually or (e)(4), by redesignating paragraphs (b), cumulatively have a significant effect on Authority: 21 U.S.C. 360b, 371. (d), (e), and (f) as paragraphs (a), (b), (c), the human environment. Therefore, 5. Section 558.555 is amended by and (d), respectively, by removing ‘‘(f)’’ neither an environmental assessment redesignating paragraph (b) as paragraph and ‘‘(f)(3)’’ in newly redesignated nor an environmental impact statement (d), by adding new paragraph (b) and paragraph (a)(1) and adding in their is required. adding and reserving paragraph (c), by places ‘‘(d)’’ and ‘‘(d)(3)’’, by removing This rule does not meet the definition revising the heading of newly ‘‘(f)(1)(iv)’’ and ‘‘(f)(1)(v)’’ in newly of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because redesignated paragraph (d), by removing redesignated paragraph (a)(2) and it is a rule of ‘‘particular applicability.’’ the introductory text of newly adding in their places ‘‘(d)(1)(iv)’’ and Therefore, it is not subject to the redesignated paragraph (d)(1), and by ‘‘(d)(1)(v)’’, by removing ‘‘chiickens’’ in congressional review requirements in 5 adding paragraphs (d)(5), (d)(6), and newly redesignated paragraph (d)(2)(i) U.S.C. 801–808. (d)(7) to read as follows: and adding in its place ‘‘chickens’’, and

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.115 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48297 by adding paragraph (d)(4)(vii) to read Agency, Region I, 1 Congress Street, sources. EPA determined that the area’s as follows: Boston, MA 02114–2023. Copies of the SIP-approved attainment date documents relevant to this action are established which RACT rules the area § 558.635 Virginiamycin. available for public inspection during needed to adopt and implement. Under * * * * * normal business hours, by appointment section 172(a)(1), ozone nonattainment (d) * * * at the Office Ecosystem Protection, U.S. areas were generally required to attain (4) * * * Environmental Protection Agency, the ozone standard by December 31, (vii) Semduramicin as in § 558.555 of Region I, One Congress Street, 11th 1982. Those areas that submitted an this chapter. floor, Boston, MA, and at the Division attainment demonstration projecting Dated: August 24, 1999. of Air Quality Control, Department of attainment by that date were required to Stephen F. Sundlof, Environmental Protection, One Winter adopt RACT for sources covered by the Director, Center for Veterinary Medicine. Street, 8th Floor, Boston, MA 02108. Group I and II CTGs. Those areas that [FR Doc. 99–22997 Filed 9–3–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: sought an extension of the attainment date under section 172(a)(2) to as late as BILLING CODE 4160±01±F Jeanne Cosgrove, (617) 918–1669. December 31, 1987 were required to SUPPLEMENTARY INFORMATION: On adopt RACT for all CTG sources and for November 13, 1992 and February 17, all major (i.e., 100 ton per year or more 1993, the Massachusetts Department of ENVIRONMENTAL PROTECTION of VOC emissions) non-CTG sources. AGENCY Environmental Protection (DEP) Under the pre-amended Act, submitted a revision to its SIP. The Massachusetts was designated as 40 CFR Part 52 revision consisted of changes and nonattainment for ozone and sought an [MA±19±01±5892a; A±1±FRL±6421±8] additions made to Massachusetts’ extension of the attainment date under volatile organic compound (VOC) rules section 172(a)(2) to December 31, 1987. Approval and Promulgation of Air pursuant to the requirements of section Therefore, the Commonwealth was Quality Implementation Plans; 182(b)(2) of the Act, 42 U.S.C. required to adopt RACT for all CTG Massachusetts; Volatile Organic 7511a(b)(2). Changes were made to the sources and for all major (i.e., 100 ton Compound Regulations following regulations: 310 CMR 7.00, per year or more of VOC emissions) Definitions; 310 CMR 7.03(13), Paint non-CTG sources. However, the AGENCY: Environmental Protection spray booths; 310 CMR 7.18(2), Agency (EPA). Commonwealth of Massachusetts did Compliance with emission limitations; not attain the ozone standard by the ACTION: Direct final rule. 310 CMR 7.18(7), Automobile surface approved attainment date. On May 25, coating; 310 CMR 7.18(8), Solvent Metal SUMMARY: EPA is approving a State 1988, EPA notified the Governor of Degreasing; 310 CMR 7.18(11), Surface Massachusetts that portions of the SIP Implementation Plan (SIP) revision coating of miscellaneous metal parts submitted by the Commonwealth of were inadequate to attain and maintain and products; 310 CMR 7.18(12), the ozone standard and requested that Massachusetts. This revision establishes Graphic arts; 310 CMR 7.18(17), reasonably available control technology deficiencies in the existing SIP be Reasonably available control corrected (EPA’s SIP-Call). On (RACT) emission limits for certain technology; and 310 CMR 7.24(3), industrial categories. The intended November 15, 1990, amendments to the Distribution of motor vehicle fuel. 1977 CAA were enacted. Public Law effect of this action is to fully approve Additionally, the following new rules the majority of the Commonwealth’s SIP 101–549, 104 Stat. 2399, codified at 42 were added to Massachusetts’ Code: 310 U.S.C. 7401–7671q. In amended section revision submitted on November 13, CMR 7.18(20), Emission control plans 1992 and February 17, 1993. The EPA 182(a)(2)(A) of the CAA, Congress for implementation of reasonably statutorily adopted the requirement that is granting approval to the generic available control technology; 310 CMR RACT rule in Title 310 Code of pre-enactment ozone nonattainment 7.18(21), Surface coating of plastic parts; areas that retained their designation of Massachusetts Regulations (CMR) 310 CMR 7.18(22), Leather surface section 7.18(17) only in the Springfield, nonattainment and were classified as coating; 310 CMR 7.18(23), Wood marginal or above fix their deficient Massachusetts ozone nonattainment products surface coating; 310 CMR area (Berkshire, Franklin, Hampden and RACT rules for ozone by May 15, 1991. 7.18(24), Flat wood paneling surface The entire Commonwealth of Hampshire counties). EPA will address coating; 310 CMR 7.18(25), Offset 310 CMR 7.18(17) as it applies to the Massachusetts retained its designation lithographic printing; 310 CMR 7.18(26), of nonattainment and was classified as Boston, Massachusetts ozone Textile finishing; and 310 CMR 7.18(27), serious nonattainment for ozone. 56 FR nonattainment area in a future action. Coating mixing tanks. 56694 (Nov. 6, 1991). The This action is being taken under section Commonwealth submitted revisions to 110 of the Clean Air Act (Act). 42 U.S.C. I. Background meet the RACT fix-up requirement and 7410. Under the pre-amended Clean Air EPA has approved those revisions to the DATES: This rule will become effective Act, ozone nonattainment areas were Massachusetts SIP on October 8, 1992, November 2, 1999 without further required to adopt RACT rules for January 11, 1993 and June 30, 1993 (57 notice, unless EPA receives relevant sources of VOC emissions. EPA issued FR 46313, 58 FR 3492 and 58 FR 34908.) adverse comments on the parallel notice three sets of control technique Section 182(b)(2) of the amended Act of proposed rulemaking by October 4, guidelines (CTGs) documents, requires States to adopt RACT rules for 1999. If EPA receives such comment, establishing a ‘‘presumptive norm’’ for all areas designated nonattainment for then it will publish a document in the RACT for various categories of VOC ozone and classified as moderate or Federal Register informing the public sources. The three sets of CTGs were (1) above. There are three parts to the that this rule will not take effect. Group I—issued before January 1978 (15 section 182(b)(2) RACT requirement: (1) ADDRESSES: Comments may be mailed to CTGs); (2) Group II—issued in 1978 (9 RACT for sources covered by an existing Susan Studlien, Deputy Director, Office CTGs); and (3) Group III—issued in the CTG—i.e., a CTG issued prior to the of Ecosystem Protection (mail code early 1980’s (5 CTGs). Those sources not enactment of the Clean Air Act CAA), U.S. Environmental Protection covered by a CTG were called non-CTG Amendments of 1990; (2) RACT for

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This RACT 7.18(8), Solvent Metal Degreasing; 310 determining the approvability of a VOC requirement applies to nonattainment CMR 7.18(11), Surface coating of rule, EPA must evaluate the rule for areas that previously were exempt from miscellaneous metal parts and products; consistency with the requirements of certain RACT requirements to ‘‘catch 310 CMR 7.18(12), Graphic arts; 310 the Act and EPA regulations, as found up’’ to those nonattainment areas that CMR 7.18(17), Reasonably available in section 110 and part D of the Act and became subject to those requirements control technology (as it applies to the 40 CFR part 51 (Requirements for during an earlier period. In addition, it Springfield ozone nonattainment area Preparation, Adoption, and Submittal of requires newly designated ozone only); 310 CMR 7.18(20), Emission Implementation Plans). EPA’s nonattainment areas to adopt RACT control plans for implementation of interpretation of these requirements, rules consistent with those for reasonably available control technology; which forms the basis for today’s action, previously designated nonattainment 310 CMR 7.18(21), Surface coating of appears in various EPA policy guidance areas. Subsequent to the 1990 Clean Air plastic parts; 310 CMR 7.18(22), Leather documents. The specific guidance relied Act, all of Massachusetts was classified surface coating; 310 CMR 7.18(23), on for this action is referenced within as serious nonattainment for ozone. 56 Wood products surface coating; 310 the technical support document and this FR 56694 (Nov. 6, 1991). CMR 7.18(24), Flat wood paneling action. For the purpose of assisting State Since Massachusetts was previously surface coating; 310 CMR 7.18(25), and local agencies in developing RACT required to adopt RACT for all the CTG Offset lithographic printing; 310 CMR rules, EPA prepared a series of CTG and major non-CTG sources, the 7.18(26), Textile finishing; 310 CMR documents. The CTGs are based on the Commonwealth did not need to adopt 7.18(27), Coating mixing tanks; and 310 underlying requirements of the Act and any specific additional RACT rules. CMR 7.24(3), Distribution of motor specify presumptive norms for RACT for However, the Commonwealth did vehicle fuel. specific source categories. EPA has not submit a rule for the surface coating of yet developed CTGs to cover all sources II. EPA Evaluation and Final Action flat wood paneling. Massachusetts had of VOC emissions. Further previously submitted a negative The Commonwealth has submitted interpretations of EPA policy are found declaration for this rule, stating that negative declarations for the CTG in, but not limited to, the following: (1) there were no wood paneling sources in categories listed below. Through the the proposed Post-1987 ozone and Massachusetts. The Commonwealth is negative declarations, Massachusetts is carbon monoxide policy, 52 FR 45044 now adopting a wood paneling asserting that it has no sources within (November 24, 1987); (2) the document regulation because the state has its area that would be subject to a rule entitled, ‘‘Issues Relating to VOC identified such sources. Additionally, for that source category. Regulation Cutpoints, Deficiencies, and • under section 182 of the Act, the major Petroleum refinery vacuum Deviations, Clarification to appendix D source definition for serious producing systems, waste water of November 24, 1987 Federal Register nonattainment areas was lowered to separators & process unit turnarounds document,’’ otherwise known as the include sources that have a potential to (Petroleum refinery processes). ‘‘Blue Book’’ (notice of availability was • emit greater than 50 tons per year of Fugitive VOC emissions from published in the Federal Register on VOC. Therefore, the Commonwealth petroleum refining (Leaks from May 25, 1988 and in the existing CTGs); needed to lower the applicability cutoff petroleum refinery equipment). (3) the ‘‘Model Volatile Organic of its non-CTG and/or relevant CTG- • Pharmaceutical manufacture Compound Rules for Reasonably based regulations to include newly (manufacture of synthesized Available Technology,’’ (Model VOC classified major sources in these pharmaceutical products). RACT Rules) issued as a staff working categories. • Rubber tire manufacture In addition, CAA section 184 (b)(1)(B) draft in June 1992; (4) the document (Manufacture of pneumatic rubber tires). entitled, ‘‘Draft Control Techniques requires all states in the Ozone • Large petroleum dry cleaners. Transport Region (OTR) to impose • Manufacture of high density Guidelines of Control of Volatile RACT on all sources covered by a CTG. polyethylene, polypropylene, and Organic Compound Emissions from Under section 184(b)(2), OTR states polystyrene resins (Manufacture of high- Offset Lithographic Printing,’’ must regulate all sources with potential density polyethylene, polypropylene September 1993; (5) the document VOC emissions of 50 tons per year or and polystyrene resins). entitled, ‘‘Alternative Control more as though they were in a moderate • Natural gas/gasoline processing Techniques Document: Offset ozone attainment area. All of plants (Equipment Leaks from natural Lithographic Printing,’’ (EPA 453/R–94– Massachusetts is part of the OTR. gas/gasoline processing plants). 054) June 1994; (6) the document Therefore, RACT remains a requirement • SOCMI air oxidation processes (Air entitled, ‘‘Alternative Control statewide in Massachusetts even after oxidation processes in synthetic organic Techniques Document: Surface Coating EPA’s recent revocation of the one-hour chemical manufacturing industry). of Automobile/Transportation and ozone standard in Eastern EPA is approving these negative Business Machine Plastic Parts,’’ (EPA Massachusetts. declarations as meeting the section 453/R–94–017), February 1994; and (7) VOCs contribute to the production of 182(b)(2) and section 184(b) RACT the document entitled, ‘‘Draft Control ground level ozone and smog. These requirements for the source categories Techniques Guidelines of Control of rules were adopted as part of an effort listed. However, if evidence is Volatile Organic Compound Emissions to achieve the National Ambient Air submitted during the comment period from Wood Furniture Coating Quality Standard (NAAQS) for ozone. that there are existing sources within Operations, October 1991.’’ In general, The following section is EPA’s the area that, for purposes of meeting these guidance documents have been set evaluation and final action for the the RACT requirements, would be forth to ensure that VOC rules are fully following Massachusetts regulations: subject to one or more of these rules, if enforceable and strengthen or maintain 310 CMR 7.00, Definitions; 310 CMR developed, EPA will withdraw final the SIP. 7.03(13), Paint spray booths; 310 CMR approval action on the negative The changes to Massachusetts’s VOC 7.18(2), Compliance with emission declarations. regulations that were included in the

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November 13, 1992 and February 17, 310 CMR 7.18(7), Automobile Surface November 15, 1992 including 1993 submittals are summarized below, Coating ‘‘provisions to require the along with EPA’s action with regard to The Commonwealth corrected a implementation of RACT. * * *’’ In each measure. typographical mistake in its automobile addition, the necessary SIP revision is required to ‘‘provide for the 310 CMR 7.00, Definitions surface rule. This change does not affect the rule and is approvable. implementation of the required Massachusetts has adopted 47 new measures as expeditiously as practicable 310 CMR 7.18(8), Solvent Metal and revised definitions which clarify but no later then May 31, 1995.’’ This Degreasing some of the VOC regulations which EPA regulation describes a process by which is acting upon in this proposed The Commonwealth has revised it’s RACT can be defined but does not rulemaking. These definitions are free board ratio from 0.70 to 0.75. This specifically define RACT for each approvable because they clarify existing revision is approval and consistent with source applicable to the regulation. To and new rules in Massachusetts’ VOC EPA’s Model Rule. receive full approval, Massachusetts will need to define explicitly, and have regulations. 310 CMR 7.18(11), Surface Coating of approved by EPA, RACT for all of the Miscellaneous Metal Parts and Products 310 CMR 7.03(13), Paint Spray Booths sources that are subject to 310 CMR The Commonwealth corrected a 7.18(17). Because there are sources in The Commonwealth revised this typographical error in section 310 CMR the eastern Massachusetts ozone regulation to include citations for the 7.18(11)(a). This change does not affect nonattainment area for which RACT new VOC regulations added to 310 CMR the rule and is approvable. plans have not yet been approved by 7.18. 310 CMR 7.03(13) currently EPA, EPA will address 310 CMR regulates any new or modified paint 310 CMR 7.18(12), Graphic Arts 7.18(17) in the Boston Massachusetts spray booths. This revision is This regulation was amended to ozone nonattainment area in a separate approvable. define RACT for graphic arts sources Federal Register action, along with the with potential emissions from all 310 CMR 7.18(2), Compliance with case-specific RACT determinations. printing operations of 50 tons or more Emission Limitations Since there are no outstanding RACT per year, which were not previously determinations in the Springfield ozone Section (f) was added to this subject to the rule. While this change is nonattainment area, EPA is approving consistent with the requirements of regulation to include an exemption for 310 CMR 7.18(17) as it applies to the section 182 of the Act, the noncompliant coatings used in amounts Springfield Massachusetts Commonwealth has removed the less than 55 gallons in the aggregate for nonattainment area (i.e., Berkshire, compliance date for sources previously any consecutive 12 month period. The Franklin, Hampden and Hampshire subject to the rule. The Commonwealth change is consistent with EPA’s August counties). 10, 1990 policy memorandum from G.T. included a section 301 CMR 7.18(12)(e) Helms, Chief of the Ozone/Carbon allowing enforcement action to be taken 310 CMR 7.18(20), Emission Control Monoxide Programs Branch of the on a facility that was not previously in Plans for Implementation of Reasonably Office of Air Quality Planning and compliance. EPA interprets 310 CMR Available Control Technology Standards, entitled, ‘‘Exemption of Low- 7.18(12)(e) to require sources who meet a size cutoff of 100 tons per year to meet This regulation outlines the process Use Coatings.’’ Section 193 of the Clean by which a facility must comply with Air Act (i.e., the General Savings the compliance dates that were in effect from January 1, 1983 until January 1, the requirements of RACT under 310 Clause), requires that any regulation in CMR 7.18. This section says that a effect before the date of the enactment 1994. For example, Massachusetts’ graphic arts rule that was adopted on source must submit an emission control of the Clean Air Act Amendments of plan to the Commonwealth for review 1990 in any nonattainment area may August 17, 1990 had a compliance date for 100 ton sources of December 31, and approval. Furthermore, this section only be modified if the modification lists what the required elements are in insures equivalent or greater reductions 1982, unless granted an approval by the MA DEP to December 31, 1985. the emission control plan. of the same pollutant. Although the Therefore, sources who met the 100 tons proposed addition of 310 CMR 7.18(2)(f) 310 CMR 7.18(21), Surface Coating of per year cutoff had to meet the represents a small relaxation of existing Plastic Parts compliance date of December 31, 1982 control requirements, the requirements unless the MA DEP granted an This section is added to regulate of section 193 are met by the reductions extension until December 31, 1985. This facilities with plastic parts coating resulting from other changes being revision is approvable. line(s) which in total have the potential approved in this notice. to emit, before add-on control, equal to The Commonwealth has added 310 CMR 7.18(17), Reasonably Available or greater than 50 tons per year of VOC another section to 310 CMR 7.18(2) to Control Technology and requires compliance by January 1, allow daily weighted averaging, This regulation was amended to 1994. A source can apply for a non- provided the source meets conditions define RACT for any facility that has the renewable one year extension of the outlined in the subsection. This potential to emit, before add-on control, compliance deadline. This regulation addition is consistent given with the equal to or greater than 25 tons per year. requires sources who do not have guidance given in section XX.3082 of Section 182(b)(2) of the CAA requires control devices to meet the following as EPA’s Model Rule and is approvable. that a SIP revision be submitted by applied emission limits:

Emission limitations (lbs Emission Source VOC/gal sol- ids);

Business Machines/Miscellaneous Plastic Parts: Color Coating ...... 3.4

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Emission limitations (lbs Emission Source VOC/gal sol- ids);

Color/texture Coating ...... 3.4 EMI/RFI ...... 8.8 Automotive Interior Parts Coating: Colorcoat ...... 5.7 Primer ...... 6.7 Automotive Exterior Flexible Parts Coating: Colorcoat ...... 9.3 Clearcoat ...... 6.7 Primer ...... 11.9 Automotive Exterior Rigid (non-flexible) Parts Coating: Colorcoat ...... 9.3 Clearcoat ...... 6.7 Primer ...... 6.7

Additionally, the Commonwealth has included the following as applied emission limits for sources which have add-on control devices:

Emission limi- tations (lbs Emission source VOC/gal sol- ids)

Business Machines/Miscellaneous Plastic Parts: Color Coating ...... 1.7 Color/texture Coating ...... 1.7 Primer Coating ...... 1.4 EMI/RFI ...... 1.9 Automotive Interior Parts Coating: Colorcoat ...... 3.6 Primer ...... 1.7 Automotive Exterior Flexible Parts Coating: Colorcoat ...... 2.8 Clearcoat ...... 2.4 Primer ...... 4.8 Automotive Exterior Rigid (non-flexible) Parts Coating Colorcoat ...... 2.8 Clearcoat ...... 2.4 Primer ...... 3.6

This regulation is approvable because add-on control, equal to or greater than 310 CMR 7.18(23), Wood Products it is consistent with EPA guidance and 50 tons per year of VOC. Compliance is Surface Coating it meets the requirements of the Act. required by January 1, 1994, unless This addition to Massachusetts’ rules granted an extension. No leather coater 310 CMR 7.18(22), Leather Surface require facilities with wood products may use a coating which has an Coating surface coating line(s) with the potential emission limit greater than 27.4 lbs VOC to emit, before add-on control, equal to The Commonwealth has regulated any per gallon solids as applied. This or greater than 50 tons per year of VOC leather surface coating line(s) which in regulation is approvable. to meet the following emission total have the potential to emit before limitations:

Emission Limi- tation (lbs Emission Source VOC/gal sol- ids)

Semitransparent stain ...... 89.4 Wash coat ...... 35.6 Opaque stain ...... 13.0 Sealer ...... 23.4 Pigmented coat ...... 15.6 Clear topcoat ...... 23.4

A source must comply by January 1, that was available at the time the rule 310 CMR 7.18(24), Flat Wood Paneling 1994 unless granted a nonrenewable one was adopted. Surface Coating year extension. This regulation is approvable and meets EPA’s guidance This regulation requires any flat wood paneling surface coating line(s) which

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Emission Limi- tation (lbs of Emission Source VOC per 1000 square feet coated)

Printed hardwood panels and thin particleboard panels ...... 6.0 Natural finish hardwood plywood panels ...... 12.0 Class II finish on hardboard panels ...... 10.0

This regulation is approvable and mixing tank regulation are not necessary (Emphasis added; see also 310 CMR meets the requirements in EPA’s Model in order to enforce the basic RACT 7.18(22)(h), (23)(i), (24)(i).) Any test Rule. housekeeping that EPA is approving. method used to demonstrate improved Those requirements are already transfer efficiency will have to be 310 CMR 7.18(25), Offset Lithographic specified in the rule. This regulation is approved by both DEP and EPA, Printing approvable. because there is currently no approved The Commonwealth has adopted a method in 40 CFR part 60. EPA is basing 310 CMR 7.24(3), Distribution of Motor regulation which regulates a facility its approval of these provisions on its Vehicle Fuel with offset lithographic presses, which understanding that it is DEP’s intent to in total have the potential to emit, The Commonwealth had revised this submit transfer efficiency test methods before add-on control, equal to or regulation to include a minor wording to EPA for approval. greater than 50 tons per year of VOC. A change in the applicability of the rule. source subject to this regulation must Stationary tanks with the capacity equal III. Final Action: comply by January 1, 1994 unless to or greater than 2000 gallons are EPA is fully approving the VOC RACT granted a one year extension to January required to have any vapors displaced regulations submitted by the 1, 1995. The requirements for each type through submerged fill to be processed Commonwealth on February 17, 1993 as of printing press is listed in through a vapor balance system. The revisions to the Commonwealth’s SIP, Massachusetts’ rule and the TSD former regulation required stationary with the exception of 310 CMR 7.18(17). prepared for this action. This regulation tanks greater than 2000 gallons to have For this regulation, EPA is approving it is approvable. their emission processed. The only as it applies to the Springfield, Commonwealth has also amended Massachusetts ozone nonattainment 310 CMR 7.18(26), Textile Finishing recordkeeping and testing provisions. area (i.e., Berkshire, Franklin, Hampden This new regulation applies to any This revision is approvable. and Hampshire counties). person who owns, leases, operates or The EPA is publishing this rule controls a textile finishing facility with Transfer Efficiency Test Methods without prior proposal because the potential emissions of 50 tons per year In each of the new surface coating Agency views this as a noncontroversial before add-on control. Sources are regulations EPA is approving today, amendment and anticipates no adverse required to comply with the rule by there is a provision that addresses comments. However, in the proposed January 1, 1994 unless given a non- transfer efficiency. A typical example is rules section of this Federal Register renewable 1 year extension by the found in the plastic parts surface publication, the EPA is publishing a Commonwealth. A rotary screen or coating regulation, 310 CMR 7.18(21)(g), separate document that will serve as a roller printing press cannot use a print which reads in part: ‘‘Demonstrations of proposal to approve the SIP revision paste formulation with an emission compliance may include considerations should relevant adverse comments be limit equal to or greater than 0.5 pounds of transfer efficiency provided that the filed. This action will be effective of VOC per pound of solids as applied. baseline transfer efficiency is equal to or November 2, 1999 without further Additionally, any finishing formulations greater than 65%, and the transfer notice unless, by October 4, 1999, cannot contain more than 0.5 pounds of efficiency test method is detailed in the relevant adverse comments are received. VOC per pound of solids, as applied. emission control plan approved by the If the EPA receives such comments, This regulation is approvable because it Department.’’ See also 310 CMR 7.18 then EPA will publish a document is consistent with EPA guidance and it (22)(f) (leather surface coating), (23)(g) withdrawing the final rule and meets the requirements of the Act. (wood products surface coating), (24)(g) informing the public that the rule will (flatwood paneling surface coating). not take effect. All public comments 310 CMR 7.18(27), Coating Mixing This provision is designed to ensure received will then be addressed in a Tanks that any transfer efficiency test method subsequent final rule based on the This new section regulates sources is clearly stated in an emission control proposed rule. The EPA will not who lease, operate or control a coating plan, but it is not designed to delegate institute a second comment period on mixing tank which emits before add-on approval of that test method to DEP. the proposed rule. Only parties control, 15 pounds of VOC per day. Each of these rules includes a provision interested in commenting on the Most of this regulation requires ‘‘good specifically requiring both DEP and EPA proposed rule should do so at this time. housekeeping’’ measures for portable approval of any new test methods, such If no such comments are received, the and stationary coating mixing tanks. as 310 CMR 7.18(21)(I), which reads in public is advised that this rule will be Any source which has emissions from part: ‘‘Testing shall be conducted in effective November 2, 1999 and no coating mixing tanks in excess of 50 accordance with EPA Method 24 and/or further action will be taken on the tons per year must submit a plan to the Method 25 as described in CFR Title 40 proposed rule. Commonwealth and have it approved. part 60, or by other methods approved Nothing in this action should be The plans required by the coating by the Department and EPA.’’ construed as permitting or allowing or

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Moreover, due relation to relevant statutory and intended to mitigate environmental to the nature of the Federal-State regulatory requirements. health or safety risks. relationship under the Clean Air Act, D. Executive Order 13084 preparation of flexibility analysis would IV. Administrative Requirements constitute Federal inquiry into the A. Executive Order 12866 Under E.O. 13084, EPA may not issue economic reasonableness of state action. a regulation that is not required by The Clean Air Act forbids EPA to base The Office of Management and Budget statute, that significantly affects or its actions concerning SIPs on such (OMB) has exempted this regulatory uniquely affects the communities of grounds. Union Electric Co., v. U.S. action from Executive Order (E.O.) Indian tribal governments, and that EPA, 427 U.S. 246, 255–66 (1976); 42 12866, entitled ‘‘Regulatory Planning imposes substantial direct compliance U.S.C. 7410(a)(2). and Review.’’ costs on those communities, unless the F. Unfunded Mandates B. Executive Order 12875 Federal government provides the funds necessary to pay the direct compliance Under sections 202 of the Unfunded Under E.O. 12875, EPA may not issue costs incurred by the tribal Mandates Reform Act of 1995 a regulation that is not required by governments, or EPA consults with (‘‘Unfunded Mandates Act’’), signed statute and that creates a mandate upon those governments. If EPA complies by into law on March 22, 1995, EPA must a state, local, or tribal government, consulting, Executive Order 13084 prepare a budgetary impact statement to unless the Federal government provides requires EPA to provide to the Office of accompany any proposed or final rule the funds necessary to pay the direct Management and Budget, in a separately that includes a Federal mandate that compliance costs incurred by those identified section of the preamble to the may result in estimated costs to State, governments, or EPA consults with rule, a description of the extent of EPA’s local, or tribal governments in the those governments. If EPA complies by prior consultation with representatives aggregate, or to the private sector, of consulting, Executive Order 12875 of affected tribal governments, a $100 million or more. Under section requires EPA to provide to the Office of summary of the nature of their concerns, 205, EPA must select the most cost- Management and Budget a description and a statement supporting the need to effective and least burdensome of the extent of EPA’s prior consultation issue the regulation. In addition, alternative that achieves the objectives with representatives of affected state, Executive Order 13084 requires EPA to of the rule and is consistent with local, and tribal governments, the nature develop an effective process permitting statutory requirements. Section 203 of their concerns, copies of written elected officials and other requires EPA to establish a plan for communications from the governments, representatives of Indian tribal informing and advising any small and a statement supporting the need to governments ‘‘to provide meaningful governments that may be significantly issue the regulation. In addition, E.O. and timely input in the development of or uniquely impacted by the rule. 12875 requires EPA to develop an regulatory policies on matters that EPA has determined that the approval effective process permitting elected significantly or uniquely affect their action promulgated does not include a officials and other representatives of communities.’’ Federal mandate that may result in state, local, and tribal governments ‘‘to Today’s rule does not significantly or estimated costs of $100 million or more provide meaningful and timely input in uniquely affect the communities of to either State, local, or tribal the development of regulatory proposals Indian tribal governments. This action governments in the aggregate, or to the containing significant unfunded does not involve or impose any private sector. This Federal action mandates.’’ requirements that affect Indian Tribes. approves pre-existing requirements Today’s rule does not create a Accordingly, the requirements of under State or local law, and imposes mandate on state, local or tribal section 3(b) of E.O. 13084 do not apply no new requirements. Accordingly, no governments. The rule does not impose to this rule. additional costs to State, local, or tribal any enforceable duties on these entities. governments, or to the private sector, E. Regulatory Flexibility Accordingly, the requirements of result from this action. section 1(a) of E.O. 12875 do not apply The Regulatory Flexibility Act (RFA) to this rule. generally requires an agency to conduct G. Submission to Congress and the a regulatory flexibility analysis of any Comptroller General C. Executive Order 13045 rule subject to notice and comment The Congressional Review Act, 5 Protection of Children from rulemaking requirements unless the U.S.C. 801 et seq., as added by the Small Environmental Health Risks and Safety agency certifies that the rule will not Business Regulatory Enforcement Risks (62 FR 19885, April 23, 1997), have a significant economic impact on Fairness Act of 1996, generally provides applies to any rule that: (1) is a substantial number of small entities. that before a rule may take effect, the determined to be ‘‘economically Small entities include small businesses, agency promulgating the rule must significant’’ as defined under E.O. small not-for-profit enterprises, and submit a rule report, which includes a 12866, and (2) concerns an small governmental jurisdictions. This copy of the rule, to each House of the environmental health or safety risk that FINAL rule will not have a significant Congress and to the Comptroller General EPA has reason to believe may have a impact on a substantial number of small of the United States. EPA will submit a disproportionate effect on children. If entities because SIP approvals under report containing this rule and other the regulatory action meets both criteria, section 110 and subchapter I, part D of required information to the U.S. Senate, the Agency must evaluate the the Clean Air Act do not create any new the U.S. House of Representatives, and environmental health or safety effects of requirements but simply approve the Comptroller General of the United

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States prior to publication of the rule in PART 52Ð[AMENDED] wood paneling surface coating; 310 the Federal Register. This rule is not a CMR 7.18(25), Offset lithographic 1. The authority citation for part 52 ‘‘major rule’’ as defined by 5 U.S.C. printing; 310 CMR 7.18(26), Textile continues to read as follows: 804(2). finishing; 310 CMR 7.18(27), Coating Authority: 42 U.S.C. 7401–7671q. H. Petitions for Judicial Review mixing tanks; and 310 CMR 7.24(3), Distribution of motor vehicle fuel all Under section 307(b)(1) of the Clean Subpart WÐMassachusetts effective on February 12, 1993. Air Act, petitions for judicial review of 2. Section 52.1120 is amended by this action must be filed in the United 3. In § 52.1167 Table 52.1167 is adding paragraph (c)(117) to read as amended by adding new entries in States Court of Appeals for the follows: appropriate circuit by November 2, numerical order to existing state 1999. Filing a petition for § 52.1120 Identification of plan. citations: ‘‘310 CMR 7.00, Definitions; reconsideration by the Administrator of * * * * * 310 CMR 7.18(2), Compliance with this final rule does not affect the finality (c) * * * emission limitations; 310 CMR 7.18(7), of this rule for the purposes of judicial (117) Revisions to the State Automobile surface coating; 310 CMR review nor does it extend the time Implementation Plan submitted by the 7.18(8), Solvent Metal Degreasing; 310 within which a petition for judicial Massachusetts Department of CMR 7.18(11), Surface coating of review may be filed, and shall not Environmental Protection on February miscellaneous metal parts and products; postpone the effectiveness of such rule 17, 1993. 310 CMR 7.18(12), Graphic arts; and 310 or action. This action may not be (i) Incorporation by reference. CMR 7.18(17), Reasonable available (A) Letter from the Massachusetts challenged later in proceedings to control technology; and by adding the enforce its requirements. (See section Department of Environmental Protection following new state citations: 310 CMR 307(b)(2).) EPA encourages interested dated February 17, 1993 submitting a 7.03(13), Paint spray booths; 310 CMR parties to comment in response to the revision to the Massachusetts State proposed rule rather than petition for Implementation Plan. 7.18(20), Emission control plans for judicial review, unless the objection (B) Regulations 310 CMR 7.00, implementation of reasonably available arises after the comment period allowed Definitions; 310 CMR 7.03(13), Paint control technology; 310 CMR 7.18(21), for in the proposal. spray booths; 310 CMR 7.18(2), Surface coating of plastic parts; 310 Compliance with emission limitations; CMR 7.18(22), Leather surface coating; List of Subjects in 40 CFR Part 52 310 CMR 7.18(7), Automobile surface 310 CMR 7.18(23), Wood products Environmental protection, Air coating; 310 CMR 7.18(8), Solvent Metal surface coating; 310 CMR 7.18(24), Flat pollution control, Hydrocarbons, Degreasing; 310 CMR 7.18(11), Surface wood paneling surface coating; 310 Incorporation by reference, Ozone, coating of miscellaneous metal parts CMR 7.18(25), Offset lithographic Reporting and recordkeeping and products; 310 CMR 7.18(12), printing; 310 CMR 7.18(26), Textile requirements. Graphic arts; 310 CMR 7.18(17), finishing; 310 CMR 7.18(27), Coating Note: Incorporation by reference of the Reasonable available control technology mixing tanks; and 310 CMR 7.24(3), State Implementation Plan for the State of (as it applies to the Springfield ozone Distribution of motor vehicle fuel. Massachusetts was approved by the Director nonattainment area only); 310 CMR of the Federal Register on July 1, 1982. 7.18(20), Emission control plans for § 52.1167 EPAÐapproved Dated: June 24, 1999. implementation of reasonably available Massachusetts State regulations John P. DeVillars, control technology; 310 CMR 7.18(21), * * * * * Regional Administrator, Region I. Surface coating of plastic parts; 310 Part 52 of chapter I, title 40 of the CMR 7.18(22), Leather surface coating; Code of Federal Regulations is amended 310 CMR 7.18(23), Wood products as follows: surface coating; 310 CMR 7.18(24), Flat

TABLE 52.1167ÐEPAÐAPPROVED MASSACHUSETTS REGULATIONS

Date ap- State citation Title/Subject Date submitted by proved by Federal Register 52.1120(c) Comments/unapproved State EPA citation sections

******* 310 CMR 7.00 Definitions February 17, 1993 9/3/1999 [Insert FR citation c(117) from published date].

******* 310 CMR 7.03(13) Paint spray booths February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds the following coating from published operations: plastic parts date]. surface coating, leather surface coating, wood product surface coating, and flat wood paneling surface coating.

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TABLE 52.1167ÐEPAÐAPPROVED MASSACHUSETTS REGULATIONSÐContinued

Date ap- State citation Title/Subject Date submitted by proved by Federal Register 52.1120(c) Comments/unapproved State EPA citation sections

******* 310 CMR 7.18(2) ... Compliance with February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds an exemption for emission limita- from published coatings used in small tions. date]. amounts, and a section on daily weighted aver- aging.

******* 310 CMR 7.18(7) ... Automobile surface February 17, 1993 9/3/1999 [Insert FR citation c(117) Revises a limit for primer coating. from published surface coating. date]. 310 CMR 7.18(8) ... Solvent Metal February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds a typographical cor- Degreasing. from published rection. date].

******* 310 CMR 7.18(11) Surface coating of February 17, 1993 9/3/1999 [Insert FR citation c(117) Revises a reference. miscell-aneous from published metal parts and date]. products. 310 CMR 7.18(12) Graphic arts February 17, 1993 9/3/1999 [Insert FR citation c(117) Amends applicability to 50 from published tons per year VOC. date]. 310 CMR 7.18(17) Reasonable avail- February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds new VOC RACT re- able control from published quirements in the Spring- technology. date]. field, Mass. ozone non- attainment area only.

******* 310 CMR 7.18(20) Emission Control February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds new VOC RACT re- Plans for from published quirements. implementa-tion date]. of reasonably available control technology. 310 CMR 7.18(21) Surface coating of February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds VOC RACT for plastic plastic parts. from published parts surface coating. date]. 310 CMR 7.18(22) Leather surface February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds VOC RACT for leath- coating. from published er surface coating. date]. 310 CMR 7.18(23) Wood products February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds VOC RACT for wood surface coating. from published product surface coating. date]. 310 CMR 7.18(24) Flat wood paneling February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds VOC RACT for flat surface coating. from published wood paneling surface date]. coating. 310 CMR 7.18(25) Offset lithographic February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds VOC RACT for offset printing. from published lithographic printing. date]. 310 CMR 7.18(26) Textile finishing February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds VOC RACT for textile from published finishing. date]. 310 CMR 7.18(27) Coating mixing February 17, 1993 9/3/1999 [Insert FR citation c(117) Adds VOC RACT for coat- tanks. from published ing mixing tanks. date].

******* 310 CMR 7.24(3) ... Distribution of February 17, 1993 9/3/1999 [Insert FR citation c(117) Amends distribution of motor vehicle from published motor fuel requirements, fuel. date]. applicability, record- keeping and testing re- quirements.

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[FR Doc. 99–22933 Filed 9–2–99; 8:45 am] I. Background Water and Power is mandated to place BILLING CODE 6560±50±P The 1998 PM–10 plan (1998 SIP) for controls on 10 square miles of the the Owens Valley Planning Area 1 was Owens Lake bed. Implementation of adopted on November 16, 1998, by the controls on an additional 3.5 square ENVIRONMENTAL PROTECTION Great Basin Unified Air Pollution miles in Phase 2 is required ‘‘unless the District determines, on or before AGENCY Control District (GBUAPCD or the December 31, 2001, that the Owens District), and submitted as a SIP 40 CFR Part 52 Valley Planning Area (OVPA) will attain revision by the California Air Resources the PM–10 NAAQS by December 31, Board (CARB) on December 10, 1998. 2006 without implementation of further [CA±221±158; FRL±6430±7] EPA determined this submission to be control measures.’’ Implementation of complete on February 2, 1999.2 Approval and Promulgation of controls on an additional 3 square miles Implementation Plans; CaliforniaÐ II. Summary of EPA Action in Phase 3 is required unless the District Owens Valley Nonattainment Area; EPA is finalizing approval of the makes a similar determination by PM±10 serious area SIP submitted by the State December 31, 2002. Board Order #981116–01, Paragraphs 2 and 3. of California for the Owens Valley PM– AGENCY: Environmental Protection The commenter expressed concern 10 nonattainment area. Specifically, Agency (EPA). regarding the lack of certainty regarding EPA is approving the 1998 SIP with what measures will be implemented in ACTION: Final rule. respect to the CAA requirements for the second increment of the 1998 SIP. public notice and involvement under EPA believes that the second increment SUMMARY: EPA is taking final action to section 110(a)(1); emissions inventories (Phases 4–6) of the SIP control strategy approve a State Implementation Plan under section 172(c)(3); control includes an enforceable City obligation (SIP) submitted by the State of measures under section 110(k)(3), as to implement controls on additional California for attaining the particulate meeting the requirements of sections areas of the Owens Lake bed by matter (PM–10) national ambient air 110(a) and 189(b)(1)(B); Reasonable particular dates sufficient to meet quality standards (NAAQS) in the Further Progress (RFP) and rate-of- progress and attainment requirements as Owens Valley Planning Area, along with progress milestones under section determined by the District. In view of the State’s request for an extension to 189(c); contingency measures under the absence of information on large- December 31, 2006 to attain the PM–10 section 172(c)(9); and demonstration of scale fugitive dust control projects at a NAAQS in the area. EPA is taking these attainment under section 189(b)(1)(A). dry lake bed, EPA believes that it is final actions under provisions of the EPA is also finalizing approval of the reasonable to allow the City and District Clean Air Act (CAA) regarding EPA State’s request for an extension of the the discretion to identify more precisely action on SIP submittals, SIPs for attainment date from December 31, the specific measures that will be most national primary and secondary 2001, to December 31, 2006, under CAA effective in achieving attainment, based standards, and plan requirements for section 188(e). on the practical experience gained in nonattainment areas. These actions were proposed on June implementing the first increment of the 25, 1998 (64 FR 34173–34179). The control strategy. The commenter and EFFECTIVE DATE: This action is effective reader is referred to that notice for on October 4, 1999. other stakeholders will have an additional detail on the affected area opportunity to review the specific ADDRESSES: The rulemaking docket for and the SIP submittal, as well as a strategies included in a SIP revision to this notice, may be inspected and summary of relevant CAA provisions be submitted on December 31, 2003. copied at the following location during and EPA interpretations of those EPA will work with the District and City normal business hours. A reasonable fee provisions. to ensure that the selected strategies in may be charged for copying parts of the III. Response to Public Comments the second increment are adequate to docket. achieve progress and attainment by EPA received only one comment, 2006, and that any necessary SIP U.S. Environmental Protection from Dorothy Alther of California Indian Agency, Region 9, Air Division, 75 updates are prepared and adopted in a Legal Services, representing the Lone process that provides full opportunities Hawthorne Street, San Francisco, CA Pine and Timbisha Shoshone Indian 94105–3901. for public involvement. Tribes and the Owens Valley Indian The commenter disagreed with EPA’s Copies of the SIP materials area also Water Commission. The commenter discussion and proposed approval of the available for inspection at the addresses summarized the position of the Tribes 5-year attainment date extension. The listed below: as having some concerns regarding the commenter did not explain why she California Air Resources Board, 2020 L 1998 SIP and its implementation, but believed that the SIP failed to qualify for Street, P.O. Box 2815, Sacramento, CA being anxious to see work begin on the an extension. EPA continues to believe 95814; or Dry Lake. The comments did not urge that the area meets the CAA section EPA disapproval of the 1998 SIP. 188(e) criteria for the extension. Despite Great Basin Unified Air Pollution Ms. Alther stated that EPA erred in an expeditious schedule for Control District, 157 Short Street, stating that required controls on 16.5 implementing all feasible and effective Suite 6, Bishop, CA 93514. square miles in the first phase of control measures, the 1998 SIP provides FOR FURTHER INFORMATION CONTACT: implementation is discretionary. EPA information showing that attainment by Larry A. Biland, U.S. Environmental agrees. The Los Angeles Department of 2001 is impracticable. The State has Protection Agency, Region 9, Air complied with all implementation 1 Division (AIR–2), 75 Hawthorne Street, For a description of the boundaries of the Owens requirements and commitments Valley Planning Area, see 40 CFR 81.305. pertaining to the area in the San Francisco, CA 94105–3901, (415) 2 EPA adopted the completeness criteria on 744-1227. February 16, 1990 (55 FR 5830) and, pursuant to implementation plan. Finally, EPA section 110(k)(1)(A) of the CAA, revised the criteria continues to conclude that the 1998 SIP SUPPLEMENTARY INFORMATION: on August 26, 1991 (56 FR 42216). includes the most stringent measures

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.063 pfrm03 PsN: 03SER1 48306 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations that are included in the implementation consultation with representatives of summary of the nature of their concerns, plan of any state or are achieved in affected State, local and tribal and a statement supporting the need to practice in any state, and can feasibly be governments, the nature of their issue the regulation. In addition, implemented in the area. concerns, copies of any written Executive Order 13084 requires EPA to The commenter questioned the communications from the governments, develop an effective process permitting adequacy of the attainment and a statement supporting the need to elected officials and other demonstration, since the modeling issue the regulation. In addition, representatives of Indian tribal assessment shows the probable need to Executive Order 12875 requires EPA to governments ‘‘to provide meaningful control 22,400 acres and the 1998 SIP develop an effective process permitting and timely input in the development of concentrates on control of 14,400 acres. elected officials and other regulatory policies on matters that The District has committed to a program representatives of State, local and tribal significantly or uniquely affect their of continuing scientific investigation of governments ‘‘to provide meaningful communities.’’ Today’s rule does not emission reductions and air quality and timely input in the development of significantly or uniquely affect the progress, and based on this refined regulatory proposals containing communities of Indian tribal information will adjust the strategy as significant unfunded mandates.’’ governments. Accordingly, the needed to provide for attainment by Today’s rule does not create a mandate requirements of section 3(b) of E.O. 2006. If attainment has not been on State, local or tribal governments. 13084 do not apply to this rule. The rule does not impose any achieved in the first increment of E. Regulatory Flexibility Act control, the District will revise the SIP’s enforceable duties on these entities. control strategy in 2003 to provide Accordingly, the requirements of The Regulatory Flexibility Act (RFA) controls over the lake playa sufficient to section 1(a) of E.O. 12875 do not apply generally requires an agency to conduct attain the NAAQS by 2006. EPA will to this rule. a regulatory flexibility analysis of any rule subject to notice and comment monitor the results of these strategy C. Executive Order 13045 assessments and work with the District rulemaking requirements unless the and other plan participants to ensure Protection of Children from agency certifies that the rule will not that the plan is adjusted, as may be Environmental Health Risks and Safety have a significant economic impact on necessary, to meet progress and Risks (62 FR 19885, April 23, 1997), a substantial number of small entities. attainment deadlines. applies to any rule that: (1) Is Small entities include small businesses, The commenter noted that the plan determined to be ‘‘economically small not-for-profit enterprises, and shows a design day PM–10 significant’’ as defined under E.O. small governmental jurisdictions. This concentration of 149.95 µg/m3, which is 12866, and (2) concerns an final rule will not have a significant technically below the 150 µg/m3 24- environmental health or safety risk that impact on a substantial number of small EPA has reason to believe may have a entities because SIP approvals under hour PM–10 NAAQS, but provides no disproportionate effect on children. If section 110 and subchapter I, part D of ‘‘cushion.’’ EPA agrees that the plan the regulatory action meets both criteria, the Clean Air Act do not create any new predicts that the control strategy will the Agency must evaluate the requirements but simply approve reduce peak concentrations only to environmental health or safety effects of requirements that the State is already levels very slightly below the 24-hour the planned rule on children, and imposing. Therefore, because the NAAQS. While the attainment provision explain why the planned regulation is Federal SIP approval does not create meets minimal approval criteria, it will preferable to other potentially effective any new requirements, I certify that this be important for the District, State, and and reasonably feasible alternatives action will not have a significant EPA to verify that implementation of the considered by the Agency. This rule is economic impact on a substantial plan is having the predicted impact on not subject to E.O. 13045 because it is number of small entities. Moreover, due air quality. does not involve decisions intended to to the nature of the Federal-State For the reasons stated above, EPA is mitigate environmental health or safety relationship under the Clean Air Act, finalizing the proposed plan approval. risks. preparation of flexibility analysis would constitute Federal inquiry into the IV. Administrative Requirements D. Executive Order 13084 economic reasonableness of state action. A. Executive Order 12866 Under Executive Order 13084, The Clean Air Act forbids EPA to base The Office of Management and Budget Consultation and Coordination with its actions concerning SIPs on such (OMB) has exempted this regulatory Indian Tribal Governments, EPA may grounds. Union Electric Co., v. U.S. action from Executive Order (E.O.) not issue a regulation that is not EPA, 427 U.S. 246, 255–66 (1976); 42 12866, Regulatory Planning and Review. required by statute, that significantly or U.S.C. 7410(a)(2). uniquely affects the communities of B. Executive Order 12875 Indian tribal governments, and that F. Unfunded Mandates Under Executive Order 12875, imposes substantial direct compliance Under section 202 of the Unfunded Enhancing the Intergovernmental costs on those communities, unless the Mandates Reform Act of 1995 Partnership, EPA may not issue a Federal government provides the funds (‘‘Unfunded Mandates Act’’), signed regulation that is not required by statute necessary to pay the direct compliance into law on March 22, 1995, EPA must and that creates a mandate upon a State, costs incurred by the tribal prepare a budgetary impact statement to local or tribal government, unless the governments, or EPA consults with accompany any proposed or final rule Federal government provides the funds those governments. If EPA complies by that includes a Federal mandate that necessary to pay the direct compliance consulting, Executive Order 13084 may result in estimated annual costs to costs incurred by those governments, or requires EPA to provide to the Office of State, local, or tribal governments in the EPA consults with those governments. If Management and Budget, in a separately aggregate; or to private sector, of $100 EPA complies by consulting, Executive identified section of the preamble to the million or more. Under section 205, Order 12875 requires EPA to provide to rule, a description of the extent of EPA’s EPA must select the most cost-effective the Office of Management and Budget a prior consultation with representatives and least burdensome alternative that description of the extent of EPA’s prior of affected tribal governments, a achieves the objectives of the rule and

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.065 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48307 is consistent with statutory Dated: August 18, 1999. FOR FURTHER INFORMATION CONTACT: requirements. Section 203 requires EPA Felicia Marcus, Robert Hayne, Mass Media Bureau (202) to establish a plan for informing and Regional Administrator, Region IX. 418–2177. advising any small governments that Part 52, chapter I, title 40 of the Code SUPPLEMENTARY INFORMATION: This is a may be significantly or uniquely of Federal Regulations is amended as synopsis of the Memorandum Opinion impacted by the rule. follows: and Order in MM Docket No. 91–259, EPA has determined that the approval adopted June 17, 1999, and released action promulgated does not include a PART 52Ð[AMENDED] June 21, 1999. The full text of this Federal mandate that may result in decision is available for inspection and estimated annual costs of $100 million 1. The authority citation for part 52 copying during normal business hours or more to either State, local, or tribal continues to read as follows: in the FCC’s Reference Information governments in the aggregate, or to the Authority: 42 U.S.C. 7401 et seq. Center at Portals II, CY–A257, 445 12th private sector. This Federal action 2. Section 52.220 is amended by Street, SW, Washington, D.C. The approves pre-existing requirements adding paragraph (c)(247) to read as complete text of this decision may also under State or local law, and imposes follows: be purchased from the Commission’s no new requirements. Accordingly, no copy contractor, International additional costs to State, local, or tribal § 52.220 Identification of plan. Transcription Service, (202) 857–3800, governments, or to the private sector, * * * * * 1231 20th Street, NW, Washington, D.C. result from this action. (c) * * * 20036. G. Submission to Congress and the (267) New plan for Owens Valley PM– Federal Communications Commission. Comptroller General 10 Planning Area for the following Magalie Roman Salas, agency was submitted on December 10, Secretary. The Congressional Review Act, 5 1998 by the Governor’s designee. [FR Doc. 99–23071 Filed 9–2–99; 8:45 am] U.S.C. 801 et seq., as added by the Small (i) Incorporation by reference. Business Regulatory Enforcement (A) Great Basin Unified APCD. BILLING CODE 6712±01±P Fairness Act of 1996, generally provides (1) Owens Valley PM–10 Planning that before a rule may take effect, the Area Demonstration of Attainment State agency promulgating the rule must Implementation Plan, Section 7–4, DEPARTMENT OF THE INTERIOR submit a rule report, which includes a Commitment to adopt 2003 SIP Revision Fish and Wildlife Service copy of the rule, to each House of the and Section 8–2, the Board Order Congress and to the Comptroller General adopted on November 16, 1998 with 50 CFR Part 17 of the United States. EPA will submit a Exhibit 1. RIN 1018±AE22 report containing this rule and other * * * * * required information to the U.S. Senate, [FR Doc. 99–22930 Filed 9–2–99; 8:45 am] the U.S. House of Representatives, and Endangered and Threatened Wildlife the Comptroller General of the United BILLING CODE 6560±50±P and Plants; Final Endangered Status States prior to publication of the rule in for 10 Plant Taxa From Maui Nui, HA the Federal Register. This rule is not a AGENCY: Fish and Wildlife Service, ‘‘major’’ rule as defined by 5 U.S.C. FEDERAL COMMUNICATIONS Interior. 804(2). COMMISSION ACTION: Final rule. H. Petitions for Judicial Review 47 CFR Part 73 SUMMARY: Under the authority of the Under section 307(b)(1) of the Clean Endangered Species Act of 1973 (Act), Air Act, petitions for judicial review of [FCC 99±147; MM Docket No. 91±259; RM± as amended, we (the U.S. Fish and this action must be filed in the United 7309, RM±7942, RM±7943, RM±7944, RM± Wildlife Service (Service)) determine States Court of Appeals for the 7948] endangered status for 10 plant taxa— appropriate circuit by November 2, Clermontia samuelii (o´ha wai), Cyanea 1999. Filing a petition for Radio Broadcasting Services; copelandii ssp. haleakalaensis (haha), reconsideration by the Administrator of Canovanas, Culebra, Las Piedras, Cyanea glabra (haha), Cyanea this final rule does not affect the finality Mayaguez Quebradillas San Juan and hamatiflora ssp. hamatiflora (haha), of this rule for the purposes of judicial Vieques, PR, and Christiansted and Dubautia plantaginea ssp. humilis review nor does it extend the time Frederiksted, VI (na‘ena‘e), Hedyotis schlechtendahliana within which a petition for judicial ACTION: Final rule; Application for var. remyi (kopa), Kanaloa review may be filed, and shall not review. kahoolawensis (kohe malama malama o postpone the effectiveness of such rule Kanaloa), Labordia tinifolia var. or action. This action may not be SUMMARY: This document denies an lanaiensis (kamakahala), Labordia challenged later in proceedings to Application for Review filed by WKJB triflora (kamakahala), and Melicope enforce its requirements. (See section AM–FM, Inc. directed to the munroi (alani). All 10 taxa are endemic 307(b)(2).) Memorandum Opinion and Order in to the Maui Nui group of islands in the this proceeding. Based upon preferential Hawaiian Islands. This group includes List of Subjects in 40 CFR Part 52 FM allotment priorities, the Maui, Molokai, Lanai, and Kahoolawe. Environmental protection, Air Commission finds a proposed channel Clermontia samuelii, Cyanea copelandii pollution control, Incorporation by substitution, its reallotment, and the ssp. haleakalaensis, Cyanea glabra, reference, Intergovernmental relations, modification of a station’s license to be Cyanea hamatiflora ssp. hamatiflora, Oxides of nitrogen, Ozone, Particulate within the public’s interest. With this and Dubautia plantaginea ssp. humilis matter, Reporting and recordkeeping action, the proceeding published are endemic to the island of Maui. requirements, Volatile organic September 16, 1996 (61 FR 48638) is Hedyotis schlechtendahliana var. remyi compounds. terminated. and Labordia tinifolia var. lanaiensis are

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.067 pfrm03 PsN: 03SER1 48308 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations endemic to the island of Lanai. Kanaloa Act for these 10 plant taxa. Listing address (telephone 808/541–3441; kahoolawensis is endemic to the island under the Act also triggers protection for facsimile 808/541–3470). of Kahoolawe, although pollen studies these taxa under State Law. SUPPLEMENTARY INFORMATION: indicate it may have been a dominant EFFECTIVE DATE: This rule takes effect Background species on Oahu until 800 years ago. October 4, 1999. Labordia triflora is endemic to Molokai, Clermontia samuelii, Cyanea and Melicope munroi is found on Lanai ADDRESSES: The complete file for this copelandii ssp. haleakalaensis, Cyanea but was also known historically from rule is available for inspection, by glabra, Cyanea hamatiflora ssp. Molokai. The 10 plant taxa and their appointment, during normal business hamatiflora, Dubautia plantaginea ssp. habitats have been variously affected or hours at the U.S. Fish and Wildlife humilis, Hedyotis schlechtendahliana are currently threatened by one or more Service, Pacific Islands Ecoregion, var. remyi, Kanaloa kahoolawensis, of the following—competition, Pacific Islands Fish and Wildlife Office, Labordia tinifolia var. lanaiensis, predation or habitat degradation from 300 Ala Moana Boulevard, Room 3–122, Labordia triflora, and Melicope munroi alien species, natural disasters, and Box 50088, Honolulu, Hawaii 96850. are, or were, known from four Hawaiian random environmental events (e.g., FOR FURTHER INFORMATION CONTACT: Islands—Molokai, Lanai, Maui, and landslides, flooding, and hurricanes). Karen Rosa, Assistant Field Kahoolawe. The current and historical This final rule implements the Federal Supervisor—Endangered Species, distribution by island for each of the 10 protection provisions provided by the Pacific Islands Ecoregion at the above taxa is presented in Table 1.

TABLE 1. SUMMARY OF ISLAND DISTRIBUTION OF THE 10 SPECIES

Island within Maui Nui Species Maui Molokai Lanai Kahoolawe

Clermontia samuelii ...... Current. Cyanea copelandii ssp. haleakalaensis ...... Current. Cyanea glabra ...... Current. Cyanea hamatiflora ssp. hamatiflora ...... Current. Dubautia plantaginea ssp. humilis ...... Current. Hedyotis schlechtendahliana ssp. remyi ...... Current. Kanaloa kahoolawensis ...... Current.* Labordia tinifolia var. lanaiensis ...... Current. Labordia triflora ...... Current. Melicope munroi ...... Historical ...... Current. KEY CurrentÐpopulation last observed within the past 20 years. HistoricalÐpopulation not seen for more than 20 years. * Kanaloa kahoolawensis was most likely a dominant species in the lowland areas of Oahu, and possibly Maui, up until 800 years ago, accord- ing to pollen records.

The Hawaiian archipelago includes fluctuation in strength. There are also according to elevation, moisture regime, eight large volcanic islands (Niihau, winter storm systems and occasional and substrate. The most recent Kauai, Oahu, Molokai, Lanai, hurricanes. Temperatures vary over the classification of Hawaiian natural Kahoolawe, Maui, and Hawaii), as well year an average of 5° Celsius (C) (11° communities recognizes nearly 100 as offshore islets, shoals, and atolls set Fahrenheit (F)) or less, with daily native vegetation types. Within these on submerged volcanic remnants at the variation usually exceeding seasonal types are numerous island-specific or northwest end of the chain. The variation in temperature. Temperature region-specific associations, comprising archipelago covers a land area of about varies with elevation and ranges from a an extremely rich array of vegetation 16,600 square kilometers (sq km) (6,400 maximum recorded temperature of 37.7 types within a very limited geographic sq miles (sq mi)), extending roughly °C (99.9 °F), measured at 265 m (870 ft) area. Major vegetation formations between latitude 18°50′ to 28°15′ N and elevation, to a minimum of –12.7 °C (9.1 include forests, woodlands, shrublands, longitude 154°40′ to 178°70′ W, and °F) recorded at 4,205 m (13,795 ft) grasslands, herblands, and pioneer ranging in elevation from sea level to elevation. Annual rainfall varies greatly associations on lava and cinder 4,200 meters (m) (13,800 feet (ft)) by location, with marked windward to substrates (Gagne´ and Cuddihy 1990). (Department of Geography 1983). The leeward gradients over short distances. In Hawaii, lowland, montane, and four main central islands of Maui, Minimum average annual rainfall is less subalpine forest types extend from sea Molokai, Lanai, and Kahoolawe are part than 250 millimeters (mm) (10 inches level to above 3,000 m (9,800 ft) in of a large volcanic mass of six major (in.)); the maximum average elevation. Coastal and lowland forests volcanoes that during times of lower sea precipitation is greater than 11,000 mm are generally dry or mesic and may be level were united as a single island, (450 in.) per year. Precipitation is open or closed-canopied. The stature of which was named Maui Nui and greatest during the months of October lowland forests is generally under 10 m covered about 5,200 sq km (2,000 sq through April. A dry season is apparent (30 ft). Three of the taxa in this final mi). in leeward settings, while windward rule (Cyanea copelandii ssp. The climate of the Hawaiian Islands settings generally receive tradewind- haleakalaensis, Labordia tinifolia var. reflects the tropical setting buffered by driven rainfall throughout the year lanaiensis, and Labordia triflora) have the surrounding ocean (Department of (Department of Geography 1983). been reported from lowland mesic forest Geography 1983). The prevailing winds The native-dominated vegetation of habitat. Montane wet forests, occupying are northeast trades with some seasonal the Hawaiian Islands varies greatly elevations between 915 and 1,830 m

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(3,000 and 6,000 ft), occur on the sparsely hairy. The lower surfaces of the m (6,000 to 6,900 ft) elevation (HHP windward slopes and summits of the leaves are pale green, and sparsely to 1991b1, 1991b2, 1991b4). Both taxa are islands of Kauai, Oahu, Molokai, Maui, densely hairy. The leaf margins are found in montane wet forest dominated and Hawaii. The forests may be open- to thickened, with shallow, ascending, by Metrosideros polymorpha (′ohi′a) closed-canopied, and may exceed 20 m rounded teeth. The tips and bases of the with an understory of Cibotium sp. (65 ft) in stature. Several species of leaves are typically sharply pointed. (hapu u′) and various native shrubs. native trees and tree ferns usually The inflorescences (flowering clusters) Associated plant taxa include Dubautia dominate montane wet forests. Four of bear two to five flowers on a main stem sp. (na′ena′e), Clermontia sp. (′oha wai), the taxa in this final rule (Clermontia that is 4 to 18 mm (0.2 to 0.7 in.) long. Hedyotis sp. (pilo), Vaccinium sp. samuelii, Cyanea copelandii ssp. The stalk of each individual flower is 12 (ohelo), Carex alligata, Melicope sp. haleakalaensis, Cyanea glabra, and to 28 mm (0.5 to 1.1 in.) long. The (alani), and Cheirodendron trigynum Cyanea hamatiflora ssp. hamatiflora) hypanthium (cup-like structure at the (′olapa) (HHP 1991a1, 1991a2, 1991b4). have been reported from montane wet base of the flower) is widest on the top, Threats to Clermontia samuelii ssp. forest habitat. 8 to 14 mm (0.3 to 0.6 in.) long, and 5 hanaensis include habitat degradation Hawaiian shrublands are also found to 10 mm (0.2 to 0.4 in.) wide. The and/or destruction by feral pigs (Sus from coastal to alpine elevations. The sepals and petals are similar in color scrofa) and competition with alien plant majority of Hawaiian shrubland types (rose or greenish white to white), taxa such as Tibouchina herbacea are in dry and mesic settings, or on cliffs curved, and tubular. The flowers are 36 (glorybush) and two species of and slopes too steep to support trees. to 55 mm (1.4 to 2.2 in.) long and 5 to Hedychium (ginger) (A.C. Medeiros, One taxon in this final rule, Kanaloa 10 mm (0.2 to 0.4 in.) wide. The lobes pers. comm. 1995; Fredrick R. kahoolawensis, has been reported from of the sepals and petals are erect, and Warshauer, BRD, pers. comm. 1995). In coastal dry shrubland on Kahoolawe. extend 0.2 to 0.5 times beyond the tube. addition, two extremely invasive alien Two taxa in this final rule, Dubautia Berries of this species have not yet been plant taxa, Miconia calvescens (velvet plantaginea ssp. humilis and Melicope observed. C. samuelii ssp. hanaensis is tree) and Clidemia hirta (Koster’s curse), munroi, have been reported from differentiated from C. samuelii ssp. are found in nearby areas and may lowland wet shrublands, and Hedyotis samuelii by the greenish white to white invade this habitat if not controlled schlechtendahliana var. remyi has been flowers; longer, narrower leaves with (A.C. Medeiros, pers. comm. 1995). The reported from lowland mesic the broadest point near the base of the habitat of Clermontia samuelii ssp. shrublands. leaves; and fewer hairs on the lower samuelii was extensively damaged by The land that supports these 10 plant surface of the leaves. The species is pigs in the past, and pigs are still a taxa is owned by various private parties, separated from other members of this major threat to the populations on State the State of Hawaii (including forest endemic Hawaiian genus by the size of owned lands. The populations of reserves and natural area reserves), and the flowers and the hypanthium Clermontia samuelii ssp. samuelii the Federal government (Department of (Lammers 1990). within the park have been fenced and pigs have been eradicated. Due to the the Interior, National Park Service Historically, Clermontia samuelii has (NPS)). large populations of pigs in adjacent been reported from eight locations on areas, the park populations must Discussion of the 10 Plant Taxa Haleakala, East Maui, from Keanae constantly be monitored to prevent Valley on the windward (northeastern) Clermontia samuelii C. Forbes further ingress (R. Hobdy and A.C. side to Manawainui on the more Medeiros, pers. comms. 1995). Rats Clermontia samuelii, was first leeward (southeastern) side of Haleakala (mainly the black rat (Rattus rattus)) and described by C.N. Forbes from a (Hawaii Heritage Program (HHP) 1991a1 slugs (mainly Milax gagetes) are known collection he made in 1919 (Degener to 1991a4, 1991b1 to 1991b4; Medeiros to eat leaves, stems, and fruits of other and Degener 1958, Forbes 1920). Harold and Loope 1989). Currently, Clermontia members of this genus, and therefore are St. John described C. hanaensis in 1939, samuelii ssp. hanaensis is known from a potential threat to both subspecies based on a specimen collected by C.N. several populations limited to the (Loyal Mehrhoff, Service, in litt. 1995). Forbes in 1920 (Degener and Degener northeastern side of Haleakala, totaling 1960, St. John 1939). Later, St. John fewer than 300 individuals. The Cyanea copelandii Rock ssp. formally described C. gracilis, C. populations occur on State owned land, haleakalaensis (St. John) Lammers kipahuluensis, and C. rosacea (St. John within a Natural Area Reserve and a Cyanea haleakalaensis was first 1987a). In the most recent treatment of Forest Reserve (FR) (Arthur C. Medeiros, described in 1971 by St. John, from a this endemic Hawaiian genus, Lammers Biological Resources Division, U.S. collection made by G.Y. Kikudome in considers all four species to be Geological Survey (BRD), pers. comm. 1951 (St. John 1971). In 1987, St. John synonymous with C. samuelii, and 1995). Clermontia samuelii ssp. (St. John 1987b) merged the two genera divides the species into two samuelii is known from 5 to 10 Cyanea and Delissea, formally subspecies—ssp. hanaensis (including populations totaling 50 to 100 recognizing only Delissea, the genus the synonyms C. hanaensis and C. individuals. Most of the populations with priority. This resulted in the kipahuluensis) and ssp. samuelii occur on the back walls of Kipahulu combination D. haleakalaensis. (including C. gracilis and C. rosacea) Valley, within Haleakala National Park, Lammers retains both genera in the (Lammers 1988, 1990). with two or three of the populations on currently accepted treatment of the Clermontia samuelii, a member of the adjacent State owned land (Robert Hawaiian members of the family, and in bellflower family (Campanulaceae), is a Hobdy, Hawaii Division of Forestry and 1988 he recognized C. haleakalaensis as terrestrial shrub 1.2 to 5 m (4 to 16 ft) Wildlife (DOFAW) and A.C. Medeiros, a subspecies of C. copelandii, tall. The leaves are elliptical, sometimes pers. comms. 1995). Clermontia publishing the new combination C. broader at the tip, with blades 5 to 10 samuelii ssp. hanaensis is found at, or copelandii ssp. haleakalaensis centimeters (cm) (2 to 4 in.) long and 1.8 below, 915 m (3,000 ft) elevation (A.C. (Lammers 1988, 1990). Cyanea to 4.5 cm (0.7 to 1.8 in.) wide. The Medeiros, pers. comm. 1995), while copelandii ssp. copelandii was upper surfaces of the leaves are dark Clermontia samuelii ssp. samuelii is previously listed as an endangered green, often tinged purplish, and may be typically found between 1,800 to 2,100 species (59 FR 10305).

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Cyanea copelandii ssp. haleakalaensis is found at elevations hypanthium is widest at the top, 7 to 10 haleakalaensis, a member of the between 730 and 1,340 m (2,400 and mm (0.3 to 0.4 in.) long, and about 5 bellflower family, is a vine-like shrub 4,400 ft) (Hobdy (887) 1980; Wagner et mm (0.2 in.) wide. The corolla is white, 0.3 to 2 m (1 to 7 ft) tall, with sprawling al. (5912) 1988; Warshauer and Kepler often with a pale lilac tinge, 50 to 60 stems. The sap of this species is a tan (FRW 2698) 1980; Warshauer and mm (2 to 2.4 in.) long, and about 8 mm latex. Stems are unbranched or McEldowney (FRW 2769) 1980; A.C. (0.3 in.) wide. The tube of the corolla is sparingly branched from the base. The Medeiros, pers. comm. 1995). curved. The lobes are spreading, 0.25 to leaves are elliptical, 10 to 19 cm (4 to Associated species include Perrottetia 0.33 times as long as the tube, and are 7 in.) long, and 3.5 to 8.5 cm (1.4 to 3.3 sandwicensis (olomea), Psychotria covered by small, sharp projections. The in.) wide. The upper surfaces of the hawaiiensis (kopiko u` la), Broussaisia berries are yellowish orange, elliptical, leaves have no hairs, while the lower arguta (kanawao), and Hedyotis and 10 to 15 mm (0.4 to 0.6 in.) long. surfaces are hairy. The margins of the acuminata (au) (Wagner et al. (5912) The calyx (sepals collectively) persist on leaves are thickened, with small, widely 1988). the berry. This species is differentiated spaced, sharp teeth. The leaf stalks are The major threats to Cyanea from others in this endemic Hawaiian 2.5 to 10 cm (1 to 4 in.) long. The copelandii ssp. haleakalaensis are genus by the size of the flower and the inflorescences are 5 to 12-flowered and habitat degradation and/or destruction pinnately lobed juvenile leaves hairy. The main inflorescence stalks are by feral pigs and competition with (Lammers 1990). 20 to 45 mm (0.8 to 1.8 in.) long. The several alien plant taxa (Higashino et al. Cyanea glabra has been reported hypanthium is oval and widest at the 1988; Hobdy (887) 1980; NTBG 1994; R. historically from two locations on West top, 6 to 10 mm (0.2 to 0.4 in.) long, Hobdy, A.C. Medeiros, and F.R. Maui (Hillebrand 1888; Steve Perlman, about 5 mm (0.2 in.) wide, and hairy. Warshauer, pers. comms. 1995). Rats NTBG, pers. comm. 1992) and five The corolla (petals collectively) is (mainly the black rat) and slugs (mainly locations on Haleakala, East Maui (HHP yellowish but appears pale rose in color Milax gagetes) are known to eat leaves, 1991c1 to 1991c5). This species is due to a covering of dark red hairs. The stems, and fruits of other members of currently known from only two corolla is 37 to 42 mm (1.4 to 1.6 in.) this genus, and therefore are a potential populations—one population of 12 long and about 5 mm (0.2 in.) wide. The threat to this species (L. Mehrhoff, in individuals in Kauaula Gulch on West corolla tube is gently curved and the litt. 1995). In addition, C. copelandii Maui on privately owned land (S. lobes spread about 0.25 times beyond ssp. haleakalaensis is threatened by Perlman, pers. comm. 1995), and one the tube. The berries are dark orange, random environmental events since it is scattered population of approximately oval, and 7 to 15 mm (0.3 to 0.6 in.) known from only two populations. 200 individuals in Kipahulu Valley, within Haleakala National Park (A.C. long. This subspecies is differentiated Cyanea glabra (F. Wimmer) St. John Medeiros, pers. comm. 1995). Typical from the other subspecies by the Cyanea glabra was first collected on elliptical leaves, which are also shorter. habitat is wet forest dominated by West Maui by Willam Hillebrand who Acacia koa and/or Metrosideros This species differs from others in this named it Cyanea holophylla var. endemic Hawaiian genus by the vine- polymorpha, at elevations between 975 obovata (Hillebrand 1888). In 1943, F.E. to 1,340 m (3,200 to 4,400 ft) (A.C. like stems and the yellowish flowers Wimmer named it C. knudsenii var. that appear red due to the covering of Medeiros, pers. comm. 1995). glabra, based on a specimen collected The primary threat to Cyanea glabra hairs (Lammers 1990). by Forbes on East Maui (Wimmer 1943). is slugs (A.C. Medeiros, pers. comm. Cyanea copelandii ssp. In 1981, St. John elevated C. knudsenii 1995). Additional threats are habitat haleakalaensis was historically reported var. glabra to full species status as C. degradation and/or destruction by feral from six locations on the windward glabra (St. John 1981). Lammers, in the pigs, flooding, and competition with (northeastern) side of Haleakala, East most recent treatment of the Hawaiian several alien plant taxa (R. Hobdy and Maui, from Waikamoi to Kipahulu members of the family, upheld the A.C. Medeiros, pers. comms. 1995). Rats Valley (Chock and Kikudome (299) species name, and included C. are a potential threat to C. glabra, since 1950; Forbes (1680.M) 1919, (1708.M) holophylla var. obovata as well as the they are known to eat plant parts of 1919, (2616.M) 1920, (2675.M) 1920; following synonyms in C. glabra, other members of the bellflower family Hobdy (887) 1980; Kikudome (454) including C. scabra var. variabilis, (L. Mehrhoff, in litt. 1995; A.C. 1951; Lamoureux and DeWreede (3917) Delissea glabra, D. holophylla var. Medeiros, pers. comm. 1995). Leaf 1967; Rock (25660b) 1954; St. John obovata, and D. scabra var. variabilis damage in the form of stippling and (24732) 1950; Warshauer and Kepler (Lammers 1990, Rock 1919). yellowing by the two spotted leafhopper (FRW 2698) 1980; Warshauer and Cyanea glabra, a member of the (Saphonia rufofascia) has been observed McEldowney (FRW 2769) 1980; Wagner bellflower family, is a branched shrub. on other native species within the area et al. (5912) 1988). Currently, this taxon The leaves of juvenile plants are deeply of C. glabra on West Maui and is a is known from two populations—one pinnately lobed, while those of the adult potential threat to this species (Kenneth population of about 200 individuals in plants are more or less entire and Wood, NTBG, pers. comm. 1995). Kipahulu Valley within Haleakala elliptical. Adult leaves are 23 to 36 cm Random environmental events are a National Park, and one population of 35 (9 to 14 in.) long and 7 to 12 cm (3 to threat to this species, with only two individuals on lower Waikamoi flume, 5 in.) wide. The upper surfaces of the populations remaining. which is privately owned. Typical leaves are green and hairless, while the habitat is stream banks and wet scree lower surfaces are pale green and Cyanea hamatiflora Rock ssp. slopes in montane wet or mesic forest hairless to sparsely hairy. The margins hamatiflora dominated by Acacia koa (koa) and/or of the adult leaves are thickened and Cyanea hamatiflora was first Metrosideros polymorpha (Hobdy (887) shallowly toothed to irregularly lobed. collected by Joseph Rock in 1910 and 1980; Medeiros and Loope 1989; Six to eight flowers are borne in each described in 1913 (Rock 1913). In 1987, National Tropical Botanical Garden inflorescence. The main inflorescence St. John (St. John 1987b) merged the two (NTBG) 1994; Wagner et al. (5912) 1988; stalk is 20 to 55 mm (0.8 to 2.2 in.) long, genera Cyanea and Delissea, formally R. Hobdy and A.C. Medeiros, pers. while the individual flower stalk is 12 recognizing only Delissea, the genus comms. 1995). Cyanea copelandii ssp. to 25 mm (0.5 to 1.0 in.) long. The with priority. This resulted in the

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Typical incompatible, meaning flowers must be hamatiflora (Lammers 1988, 1990). habitat for this taxon is montane wet pollinated by pollen from a different Cyanea hamatiflora ssp. hamatiflora, forest dominated by Metrosideros plant. This subspecies differs from the a member of the bellflower family, is a polymorpha, with a Cibotium sp. and/or other two subspecies (D. plantaginea palm-like tree 3 to 8 m (10 to 26 ft) tall. native shrub understory, from 975 to ssp. magnifolia and D. plantaginea ssp. The latex is tan in color. The leaves are 1,500 m (3,200 to 4,920 ft) elevation plantaginea) by having fewer heads per elliptical with the broadest point at the (NTBG 1995; Warshauer and inflorescence but more florets per head. tip, or they may be narrowly oblong. McEldowney (FRW 2614) 1980; The species differs from other Hawaiian The leaf blades are 50 to 80 cm (20 to Warshauer and McEldowney (FRW members of the genus by the number of 30 in.) long, 8 to 14 cm (3 to 5.5 in.) 2876) 1980). Associated native plant nerves in the leaves and by the close wide, and have no stem. The upper taxa include Dicranopteris linearis resemblance of the leaves to the genus surface of the leaf is sparsely hairy to (uluhe), Cheirodendron trigynum, Plantago (Carr 1985, 1990). hairless and the lower surface is hairy Broussaisia arguta, Cyanea solenocalyx Dubautia plantaginea ssp. humilis has at least along the midrib and veins. The (haha), Cyanea kunthiana (haha), only been reported from two locations leaf margins are minutely round- Vaccinium sp. (‘ohelo), Melicope sp., in Iao Valley, on West Maui. Both toothed. The inflorescence is 5 to 10 and Myrsine sp. (kolea) (Higashino and populations are on privately owned flowered with main stalks 15 to 30 mm Mizuro (2850) 1976; NTBG 1995). land, and the two populations total (0.6 to 1.2 in.) long. The stalks of The major threats to Cyanea fewer than 300 individuals. Typical individuals flowers are 5 to 12 mm (0.2 hamatiflora ssp. hamatiflora are habitat habitat is wet, barren, wind-blown cliffs, to 0.5 in.) long. The hypanthium is degradation and/or destruction by feral between 350 to 400 m (1,150 to 1,300 ft) widest at the top, 12 to 30 mm (0.5 to pigs, landslides, and competition with elevation. Associated native plant taxa 1.2 in.) long, and 6 to 12 mm (0.2 to 0.5 the alien plant Ageratina adenophora include Metrosideros polymorpha, in.) wide. The corolla is magenta in (Maui pamakani) (NTBG 1995; R. Hobdy Pipturus albidus (mamaki), Eragrostis color, 60 to 80 mm (2 to 3 in.) long, 6 and A.C. Medeiros, pers. comms. 1995). variabilis (kawelu), Carex sp., Hedyotis to 11 mm (0.2 to 0.4 in.) wide, and Pig damage in the form of peeled bark formosa, Lysimachia remyi, Bidens sp. hairless. The tube of the corolla is has been observed on individuals of C. (koo`koo`lau), Pritchardia sp. (loulu), and slightly curved, with lobes 0.25 to 0.5 hamatiflora ssp. hamatiflora (A.C. the federally endangered Plantago times as long as the tube. The corolla Medeiros, pers. comm. 1995). Rats and princeps (a`le) (Hawaii Plant lobes all curve downward, making the slugs are potential threats, since other Conservation Center (HPCC) 1990; HHP flower appear one-lipped. The anthers Hawaiian members of this family are 1991d1, 1991d2; R. Hobdy, pers. comm. (pollen-bearing structures) are hairless known to be eaten by rats and slugs (L. 1995). except for the lower two, which have Mehrhoff, in litt. 1995). All populations Threats to Dubautia plantaginea ssp. apical tufts of white hairs. The fruit is of this taxon are in areas where rats and humilis include landslides and several a purplish red berry 30 to 45 mm (1.2 slugs have been observed (A.C. alien plant taxa (HPCC 1990; HHP to 1.8 in.) long and 20 to 27 mm (0.8 to Medeiros, pers. comm. 1995). 1991d1; R. Hobdy, pers. comm. 1995). 1.1 in.) wide. The berry is crowned by Random environmental events are also Dubautia plantaginea Gaud. ssp. persistent calyx lobes. This subspecies a threat, with only two known humilis G. Carr is differentiated from the previously populations less than a half mile apart listed subspecies (C. hamatiflora ssp. Dubautia plantaginea ssp. humilis within the same valley. carlsonii) by its longer calyx lobes and was first described in 1985, from Hedyotis schlechtendahliana Steud. var. shorter individual flower stalks. This specimens collected by Gerald Carr, remyi (Hillebr.) Fosb. species is separated from others in this Robert Robichaux, and Rene Sylva in endemic Hawaiian genus by fewer Black Gorge on West Maui (Carr 1985, Hillebrand described a new species, flowers per inflorescence and narrower 1990). Kadua remyi, based on collections on leaves (Lammers 1990). Dubautia plantaginea ssp. humilis, a Lanai and East Maui by Reverend John Cyanea hamatiflora ssp. hamatiflora member of the aster family (Asteraceae), Lydgate (Hillebrand 1888). F. Raymond was historically known from eight is a dwarfed shrub less than 80 cm (30 Fosberg combined the genus Kadua locations on the windward in.) tall. The stems are hairless or with Hedyotis in 1943, and combined K. (northeastern) side of Haleakala, on occasionally strigullose (having straight remyi with Hedyotis Maui, stretching from Puu o Kakae to hairs pressed against the stem). The schlechtendahliana. Fosberg considered Manawainui (Degener (7977) 1927; leaves are opposite, narrow, 8 to 15 cm the Lanai plants different enough from Forbes (1294.M) 1919, (1654.M) 1919, (3 to 6 in.) long, and 0.7 to 4.5 cm (0.3 the Maui plants to create a separate (2607.M) 1920; Higashino and Haratani to 1.8 in.) wide. The leaves usually have variety, H. schlechtendahliana var. (10037) 1983; Higashino and Holt (9398) five to nine nerves, and are hairless or remyi. This variety has been upheld in 1980; Higashino and Mizuro (2850) moderately strigullose. The leaf margins the most recent revision of the Hawaiian 1976; Hobdy (2630) 1986; Rock (8514) are toothed from the apex to near the members of this genus (Wagner et al. 1918; St. John (24730) 1951; Skottsberg middle. Between 20 to 90 flowering 1990). (870) 1920; Warshauer and McEldowney heads are found in each inflorescence, Hedyotis schlechtendahliana var. (FRW 2614) 1980; Warshauer and which is about 20 cm (8 in.) long and remyi, a member of the coffee family McEldowney (FRW 2876) 1980). 28 cm (11 in.) wide. Eight to 20 florets (Rubiaceae), is a few branched subshrub Currently, this taxon is known from two (small flower that is part of a dense from 60 to 600 cm (24 to 240 in.) long, locations. Five or 6 populations totaling cluster) are found in each head, borne with weakly erect or climbing stems that 50 to 100 individuals in Kipahulu on a flat receptacle. The bracts on the may be somewhat square, smooth, and

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.027 pfrm03 PsN: 03SER1 48312 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations glaucous (with a fine waxy coating that ridge, Kapohaku drainage, and Waiapaa the leaf axils (joint between leaf and imparts a whitish or bluish hue to the drainage on Lanaihale (HHP 1991e1 to stem), developing with the flush of new stem). The leaves are opposite, glossy, 1991e3; R. Hobdy, pers. comm. 1995). leaves. The main stalk of the thin or somewhat thickened, egg-shaped Hedyotis schlechtendahliana var. remyi inflorescence is 8 to 30 mm (0.3 to 1.2 or with a heart-shaped base and a very typically grows in mesic windswept in.) long. The inflorescence is a globose pointed tip, and 3 to 6 cm (1.2 to 2.4 in.) shrubland with a mixture of dominant head 6 to 8 mm (0.3 to 0.3 in.) in long. The margins of the leaves curl plant taxa that may include diameter, with small bracts 1 to 1.5 mm under. The veins of the leaves are Metrosideros polymorpha, Dicranopteris (0.04 to 0.06 in.) long at the base. Each impressed on the upper surface with linearis, and/or Styphelia tameiameiae inflorescence has 20 to 54 white hairs along the veins and raised on the (pukiawe) at elevations between 730 flowers. The calyx of the male flowers lower surface. The lower surface of the and 900 m (2,400 to 3,000 ft). has limbs that are wider at the tip; leaves are usually glaucous, like the Associated plant taxa include Dodonaea densely covered with long, white hairs; stems. The leaf stalks are up to 1 cm (0.4 viscosa (a`a`liI`), Sadleria sp. (a`mau` ), and have lobes that overlap when the in.) long, slightly fused to the stem, and Dubautia sp. (nae`nae`), Myrsine sp., and flower is in bud. The corolla lobes also bear stipules (appendages on the base of several others (HHP 1991e1 to 1991e3; overlap when the flower is in bud, and the leaf stalks). The inflorescence stalks Lau (2866) 1986; Nagata and Ganders the petals are 1.5 to 1.8 mm (0.06 to 0.07 are 2 to 15 mm (0.1 to 0.6 in.) long, (2524) 1982). in.) long. The petals are hairy on the square, usually glaucous, and borne at The primary threats to Hedyotis outside at the tip, and are not fused at the ends of the stems. The flowers have schlechtendahliana var. remyi are the base. Ten stamens are found in the either functional male and female parts habitat degradation and/or destruction male flowers, fused at the base. Male or only functional female parts. Leaf- by axis deer (Axis axis); competition flowers have only vestigial female parts. like bracts are found at the base of each with alien plant taxa such as Psidium Female flowers have not been observed. flower. The hypanthium is top-shaped cattleianum, Myrica faya (firetree), The fruit is borne on a stalk about 5 mm and 1.5 to 2.2 mm (0.06 to 0.09 in.) Leptospermum scoparium (New (0.2 in.) long. Up to four fruit develop wide. The calyx lobes are usually leaf- Zealand tea), and Schinus in each flowering head. The fruit is egg- like and oblong to broadly egg-shaped, terebinthifolius (Christmas berry); and shaped to subcircular, compressed, 2 to 8 mm (0.08 to 0.3 in.) long, and 1.5 random environmental events and/or hairy at the base, and open along two to 2.5 mm (0.08 to 0.09 in.) wide, reduced reproductive vigor due to the sides. One slender, brown seed, about 2 enlarging somewhat in fruit. The corolla small number of remaining individuals mm (0.08 in.) long, is found in each is cream-colored, fleshy, usually and populations (HHP 1994e1 to fruit. There is no other species of glaucous, trumpet-shaped, with a tube 6 1991e3; Joel Lau, The Nature legume in Hawaii that bears any to 17 mm (0.2 to 0.7 in.) long and lobes Conservancy of Hawaii, pers. comm. resemblance to this species or genus 1.5 to 10 mm (0.06 to 0.4 in.) long when 1995). (Lorence and Wood 1994). the anthers are ripe. The stamens reach Kanaloa kahoolawensis Lorence and The only known location of Kanaloa only to 1 to 3 mm (0.04 to 0.1 in.) below K.R. Wood kahoolawensis is a rocky stack on the the sinuses of the corolla lobes. The Kanaloa kahoolawensis was southern coast of the island of styles are woolly on the lower portions, previously unknown to science until its Kahoolawe, which is owned by the State and two to four lobed. The fruits are discovery by Steve Perlman and Ken of Hawaii (Lorence and Wood 1994). top-shaped to sub-globose capsules 2 to Wood in 1992 on a steep rocky spire on While there are no previous records of 4 mm (0.1 to 0.2 in.) long and 3 to 7 mm the coast of Kahoolawe. David Lorence the plant, pollen core studies on the (0.1 to 0.3 in.) in diameter. The fruits and Wood have determined that this island of Oahu revealed a legume pollen break open along the walls of the cells plant represents a new genus, and have that could not be identified until this within the fruit. Seeds are dark brown, named the species Kanaloa species was discovered. The pollen irregularly wedge-shaped and angled, kahoolawensis (Lorence and Wood cores indicate that K. kahoolawensis and darkly granular. This variety is 1994). was a codominant with Dodonaea distinguished from the other variety by Kanaloa kahoolawensis, a member of viscosa and Pritchardia sp. from before the leaf shape, narrow flowering stalks, the legume family (Fabaceae), is a 1210 B.C. to 1565 A.D., at which point and flower color. It is distinguished densely branched shrub 0.75 to 1 m (2.5 K. kahoolawensis disappeared from the from others in the genus by the distance to 3.5 ft) tall. The branches are pollen record and D. viscosa and between leaves and the length of the sprawling and 0.75 to 1.5 m (2.5 to 5 ft) Pritchardia sp. declined dramatically sprawling or climbing stems (Wagner et long. New growth is densely covered (Athens et al. 1992, Athens and Ward al. 1990). with brown and white hairs. The twigs 1993, Lorence and Wood 1994). Only Historically, Hedyotis are brown, ribbed or angled, and two living individuals and 10 to 12 dead schlechtendahliana var. remyi was become whitish gray with corky individuals are known (D. Lorence, known from five locations on the fissures. The leaves are clustered near NTBG, pers. comm. 1995). The only northwestern portion of Lanaihale on twig tips and have two persistent known habitat is mixed coastal the island of Lanai (Degener et al. stipules. The leaf stalk is 6 to 24 mm shrubland on steep rocky talus slopes at (24193) 1957; Forbes (33.L) 1913, (0.2 to 0.9 in.) long. The leaves are 45 to 60 m (150 to 200 ft) elevation. (315.L) 1917); Fosberg (12463) 1939; divided into three pairs of leaflets, with Associated native plant taxa include HHP 1991e1 to 1991e3; Hillebrand a leaf nectary (nectar-bearing gland) at Sida fallax (ı`lima), Senna gaudichaudii 1888; Hillebrand and Lydgate (s.n.) n.d.; the joint between each pair of leaflets. (kolomona), Bidens mauiensis Munro (s.n.) 1913, (s.n.) 1914, (257, 335) The leaflet pairs are 22 to 55 mm (0.8 (koo`koo`lau), Lipochaeta lavarum (nehe), 1928, (506) 1930; Nagata and Ganders to 2 in.) long. The main stalk of the leaf Portulaca molokinensis (ı`hi), and (2524) 1982; Rock (8116) 1910; St. John terminates in a short, brown appendage. Capparis sandwichiana (pua pilo). In and Eames (18738) 1938; Wagner et al. The leaflets are egg-shaped, unequal- addition, the area is also a nesting site 1990). Currently, this species is known sided, 1.4 to 4.2 cm (0.6 to 1.7 in.) long, for Bulwer’s petrel (Bulweria bulwerii) from six individuals in three and 0.9 to 3.2 cm (0.4 to 1.3 in.) wide. and wedge-tailed shearwater (Puffinus populations on Kaiholeha-Hulupoe One to three inflorescences are found in pacificus) (Lorence and Wood 1994).

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The major threats to Kanaloa oval, 8 to 17 mm (0.3 to 0.7 in.) long, plants (Timothy Motley, University of kahoolawensis are landslides and the 2 to 3 valved, and has a beak 0.5 to 1.5 Hawaii, pers. comm. 1993). This species alien plant taxa Emelia fosbergii, Chloris mm (0.02 to 0.06 in.) long. The seeds are occurs in mixed lowland mesic forest, at barbata (swollen finger grass), and brown and about 1.8 mm (0.06 in.) long. an elevation of 800 m (2,600 ft). Nicotiana glauca (tobacco tree) (Lorence This subspecies differs from the other Associated species include Pouteria and Wood 1994). Goats (Capra hircus) two subspecies and other species in this sandwicensis (a`laa`), the federally played a major role in the destruction of endemic Hawaiian genus by having endangered Cyanea mannii (haha), and vegetation on Kahoolawe before they larger capsules and smaller corollas Tetraplasandra sp. (o`he) (Motley 1995). were removed (Cuddihy and Stone (Motley 1995; Wagner et al. 1990). The threats to Labordia triflora 1990), and K. kahoolawensis probably Labordia tinifolia var. lanaiensis was include habitat degradation and/or survived only because the rocky stack is historically known from the entire destruction by pigs and goats, rats that almost completely separated from the length of the summit ridge of Lanaihale, eat seeds, and competition with the island and inaccessible to goats on the island of Lanai (HHP 1991f1 to alien plant species Schinus (Lorence and Wood 1994). Rats are a 1991f12; Motley 1995; Sherff 1938). terebinthifolius (Motley 1995; T. Motley, potential threat to this species, since it Currently, L. tinifolia var. lanaiensis is pers. comm. 1993). Random has seeds similar in appearance and known from only one population at the environmental events and reduced presentation to the federally endangered southeastern end of the summit ridge of reproductive vigor also threaten this Caesalpinia kavaiensis, which is eaten Lanaihale. This population is on species, as only 10 individuals remain by rats. Rats may have been the cause privately owned land and totals 300 to in one population. 1,000 scattered individuals. The typical of the decline of this species 800 years Melicope munroi (St. John) B. Stone ago (L. Mehrhoff, in litt. 1995). Random habitat of L. tinifolia var. lanaiensis is environmental events and/or reduced lowland mesic forest, associated with In 1944, St. John described Pelea reproductive vigor are also a threat to such native species as Dicranopteris munroi, based on a collection by George this species, because only two linearis and Scaevola chamissoniana C. Munro in 1915 (St. John 1944). The individuals are known. (naupaka kuahiwi), at elevations genus Pelea has since been submerged between 760 and 915 m (2,500 and with Melicope, creating the combination Labordia tinifolia A. Gray var. 3,000 ft) (HHP 1991f3; Motley 1995; R. M. munroi (Hartley and Stone 1989). lanaiensis Sherff Hobdy and J. Lau, pers. comms. 1995). Melicope munroi, a member of the Hillebrand determined, but did not Labordia tinifolia var. lanaiensis is citrus family (Rutaceae), is a sprawling name, a new variety of Labordia tinifolia threatened by axis deer and several shrub up to 3 m (10 ft) tall. The new based on specimens he collected on the alien plant taxa (R. Hobdy, pers. comm. growth of this species is minutely hairy. islands of Kauai, West Maui, Lanai, and 1994; J. Lau, pers. comm. 1995). The The leaves are opposite, broadly Hawaii. E.E. Sherff named the variety L. single population is also threatened by elliptical, 6 to 11 cm (2.4 to 4.3 in.) long, tinifolia var. lanaiensis in 1938 (Sherff random environmental factors. and 3.5 to 7.5 cm (1.4 to 3.0 in.) wide. 1938). In the revision of the Hawaiian The veins of the leaf are parallel, in 8 members of this family, Wagner et al. Labordia triflora Hillebr. to 12 pairs, and are connected by arched (1990), retained the nomenclature, but Hillebrand named Labordia triflora veins near the margin of the leaf. The included only those plants from Lanai based on a specimen he collected on margins of the leaves are sometimes and Mapulehu on Molokai (previously Molokai in the early 1800s (Hillebrand rolled under. The leaf stalks are 4 to 12 considered L. triflora) as L. tinifolia var. 1888). Wagner et al. considered this mm (0.2 to 0.5 in.) long. The lanaiensis. This endemic Hawaiian species to be synonymous with L. inflorescence is found in the axil of the genus has been revised, and only the tinifolia var. lanaiensis (Wagner et al. leaf and contains one to three flowers. Lanai populations are included in L. 1990). Timothy Motley of the University The inflorescence stalk is 10 to 15 mm tinifolia var. lanaiensis, while L. triflora of Hawaii (UH) recently revised this (0.4 to 0.5 in.) long, and the individual has been resurrected for the Molokai endemic Hawaiian genus, and has flower stalk is 15 to 35 mm (0.6 to 1.4 population (see discussion of the next resurrected L. triflora as a valid species in.) long. Male flowers have not been taxon, below) (Motley 1995). (Motley 1995). reported. Female flowers have ovoid Labordia tinifolia var. lanaiensis, a Labordia triflora, a member of the sepals about 2.5 mm (0.1 in.) long and member of the logan family logan family, is very similar to L. deltate petals about 8 mm (0.3 in.) long. (Loganiaceae), is an erect shrub or small tinifolia var. lanaiensis, described The fruit is about 18 mm (0.7 in.) wide, tree 1.2 to 15 m (4 to 49 ft) tall. The above, except in the following and the 4 carpels (egg-bearing stems branch regularly into two forks of characteristics. Stems of L. triflora are structures) are fused about one-third of nearly equal size. The leaves are climbing. The leaf stalks are only 1 to their length. This species differs from medium to dark green, oval to narrowly 3 mm (0.04 to 0.1 in.) long. The other Hawaiian members of the genus in oval, 3.8 to 21 cm (1.5 to 8.3 in.) long, inflorescence stalks are 40 to 50 mm (1.6 the shape of the leaf and the length of and 1.4 to 7.3 cm (0.6 to 2.9 in.) wide. to 2 in.) long. Each flower stalk is 10 to the inflorescence stalk (Stone et al. The leaf stalks are 2.2 to 4 cm (0.9 to 25 mm (0.4 to 1 in.) long (Motley 1995). 1990). 1.6 in.) long. The stipules are fused Until 1990, Labordia triflora was Historically known from the together, forming a sheath around the known only from the type collection at Lanaihale summit ridge of Lanai and stem that is 1 to 4 mm (0.04 to 0.2 in.) Mapulehu, on the island of Molokai. above Kamalo on Molokai, Melicope long. Three to 19 flowers are found in This collection was made by Hillebrand munroi is currently known from only each inflorescence, and the entire in 1870 (Motley 1995). In 1990, Joel Lau the Lanaihale summit ridge (HHP inflorescence is pendulous and has a of The Nature Conservancy of Hawaii, 1991g1 to 1991g10). The one widely stalk 9 to 22 mm (0.4 to 0.8 in.) long. rediscovered the species in Kua Gulch scattered population totals an estimated The flowers are borne on stalks 8 to 11 on Molokai (Motley 1995; J. Lau, pers. 300 to 500 individuals (J. Lau, pers. mm (0.3 to 0.4 in.) long. The corolla is comm. 1995). Only 10 individuals are comm. 1995). Melicope munroi is pale yellowish green or greenish yellow, known, all occurring on privately typically found in lowland mat fern narrowly urn-shaped, and 6.5 to 19 mm owned land (J. Lau, pers. comm. 1995). shrubland, at elevations of 790 to 1020 (0.2 to 0.7 in.) long. The fruit is broadly Of these individuals, only two are male m (2,600 to 3,350 ft). Associated native

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.030 pfrm03 PsN: 03SER1 48314 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations plant taxa include Diplopterygium been made final, including the on May 15, 1997, (62 FR 26757) to list pinnatum, Dicranopteris linearis, proposals to list Labordia triflora and these 10 plant taxa as endangered and Metrosideros polymorpha, Melicope munroi, along with four other the September 19, 1997 (62 FR 49398), Cheirodendron trigynum, Coprosma sp. proposals that had expired. We notice of review listed these species as (pilo), Broussaisia arguta, Melicope sp., published an updated notice of review proposed for endangered status. and Machaerina angustifolia (’uki) for plants on December 15, 1980 (45 FR We now determine 10 taxa from Maui (HHP 1991g3 to 1991g10). 82479), September 27, 1985 (50 FR Nui, Hawaii, to be endangered with the The major threats to Melicope munroi 39525), February 21, 1990 (55 FR 6183), publication of this final rule. are axis deer and the alien plant taxa and September 30, 1993 (58 FR 51144). Summary of Comments and Leptospermum scoparium and Psidium Six of the species in this final rule Recommendations cattleianum (HHP 1991g3 to 1991g10; J. (including synonymous taxa) were at Lau, pers. comm. 1995). Random one time or another considered category In the May 15, 1997, proposed rule environmental events also threaten the 1 or category 2 candidates for Federal and associated notifications, we one remaining population. listing. Category 1 species were those for requested all interested parties to submit factual reports or information Previous Federal Action which we had on file substantial information on biological vulnerability that might contribute to the Federal action on some of these plants and threats to support preparation of development of a final rule. The public began as a result of section 12 of the Act listing proposals but for which listing comment period ended on July 14, 1997. (16 U.S.C. 1533), which directed the proposals had not yet been published Appropriate Federal and State agencies, Secretary of the Smithsonian Institution because they were precluded by other county governments, scientific to prepare a report on plants considered listing activities. Certain species were organizations, and other interested to be endangered or threatened in the considered Category 1 but if designated parties were contacted and requested to United States. This report, designated as by an asterisk (*), were considered comment. A newspaper notice inviting House Document No. 94–51, was possibly extinct. Category 2 species public comment was published in the presented to Congress on January 9, were those for which listing as ‘‘Maui News’’ on May 29, 1997. No 1975. One of the 10 taxa, Cyanea glabra endangered or threatened was possibly comments were received. (as C. scabra var. variabilis), was appropriate, but for which sufficient In accordance with our peer review considered to be endangered in that data on biological vulnerability and policy (59 FR 34270; July 1, 1994), we document. One taxon, Labordia tinifolia threats were not currently available to also solicited the expert opinions of var. lanaiensis, was considered to be support proposed rules. Two taxa, three appropriate and independent threatened and two taxa, L. triflora and Labordia tinifolia var. lanaiensis and L. specialists regarding pertinent scientific Melicope munroi (as Pelea munroi), triflora, were considered category 2 or commercial data and assumptions were considered to be extinct. On July species in the 1980 and 1985 notices of relating to the taxonomy, population 1, 1975, we published a notice in the review. Melicope munroi (as Pelea models, and supportive biological and Federal Register (40 FR 27823) of our munroi) was considered a category 1* in ecological information substantive to acceptance of the Smithsonian report as the 1980 and 1985 notices. the listing determination for these 10 a petition within the context of section In the 1990 and 1993 notices, taxa. The independent specialists did 4(c)(2) (now section 4(b)(3)) of the Act, Dubautia plantaginea ssp. humilis, not respond to our request. and giving notice of our intent to review Hedyotis schlechtendahliana var. remyi, Summary of Factors Affecting the the status of the plant taxa named and Melicope munroi were considered Species therein. As a result of that review, on category 2 species. Labordia tinifolia June 16, 1976, we published a proposed var. lanaiensis was considered more After a thorough review and rule in the Federal Register (41 FR abundant than previously thought and consideration of all available 24523) to determine endangered status moved to category 3C in the 1990 information, we have determined that pursuant to section 4 of the Act for notice. Category 3C species were those Clermontia samuelii, Cyanea copelandii approximately 1,700 vascular plant that had proven to be more abundant or ssp. haleakalaensis, Cyanea glabra, species. Two of the 10 taxa, Labordia widespread than previously believed Cyanea hamatiflora ssp. hamatiflora, triflora and Melicope munroi, were and/or were not subject to any Dubautia plantaginea ssp. humilis, proposed for endangered status in this identifiable threat. Labordia triflora was Hedyotis schlechtendahliana var. remyi, document. The list of 1,700 plant taxa considered a synonym of L. tinifolia var. Kanaloa kahoolawensis, Labordia was assembled on the basis of lanaiensis in the 1990 notice. As triflora, Melicope munroi, and Labordia comments and data received by the published in the Federal Register (61 tinifolia var. lanaiensis should be Smithsonian Institution and us in FR 7596) on February 28, 1996, we classified as endangered species. We response to House Document No. 94–51 discontinued the designation of followed the procedures found at and the July 1, 1975, Federal Register categories for candidate species. section 4(a)(1) of the Act and regulations publication. Since the last notice, new information implementing the listing provisions of General comments received in suggests that the numbers and the Act (50 CFR part 424). A species response to the 1976 proposal are distribution are sufficiently restricted may be determined to be an endangered summarized in an April 26, 1978, and the taxa are imminently threatened or threatened species due to one or more Federal Register publication (43 FR for the previously designated category 1, of the five factors described in section 17909). In 1978, amendments to the Act category 2, and category 3C candidate 4(a)(1). These factors and their required that all proposals over two species mentioned above, as well as six application to Clermontia samuelii (’oha years old be withdrawn. A one-year additional taxa (Clermontia samuelii, wai), Cyanea copelandii ssp. grace period was given to proposals Cyanea copelandii ssp. haleakalaensis, haleakalaensis (haha), Cyanea glabra already over two years old. On Cyanea glabra, Cyanea hamatiflora ssp. (haha), Cyanea hamatiflora ssp. December 10, 1979, we published a hamatiflora, the newly discovered hamatiflora (haha), Dubautia notice in the Federal Register (44 FR Kanaloa kahoolawensis, and the plantaginea ssp. humilis (na’na’e), 70796) withdrawing the portion of the resurrected Labordia triflora), to warrant Hedyotis schlechtendahliana var. remyi June 16, 1976, proposal that had not listing. A proposed rule was published (kopa), Kanaloa kahoolawensis (kohe

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TABLE 2.ÐSUMMARY OF PRIMARY THREATS

Alien mammals Overcol- Species Alien Inverte- Substrate lecting Limited Pigs Goats Deer Rats plants brates loss vandalism numbers*

Clermontia samuelii ...... X ...... P X P ...... P Cyanea copelandii ssp. haleakalaensis ...... X ...... P P P ...... P X Cyanea glabra ...... X ...... P X X X P X Cyanea hamatiflora ssp. hamatiflora ...... X ...... P X P X P Dubautia plantaginea ssp. humilis ...... X ...... X P X Hedyotis schlechtendahliana var. remyi ...... X ...... X ...... P X1 Kanaloa kahoolawensis ...... P X ...... X P X1 Labordia tinifolia var. lanaiensis ...... X ...... X ...... P X Labordia triflora ...... X X ...... X X ...... P X1 Melicope munroi ...... X ...... X ...... P X X = Immediate and significant threat. P = Potential threat. * = No more than 5 populations; 1= No more than 10 individuals total.

A. The Present or Threatened populations of five of the taxa in wet ground cover and exposes the soil to Destruction, Modification, or and mesic habitats. While foraging, pigs erosion. Extensive red erosional scars Curtailment of Its Habitat or Range root and trample the forest floor, caused by decades of deer activity are Native vegetation on all of the main encouraging the establishment of alien evident on Lanai (Cuddihy and Stone Hawaiian Islands has undergone plants in the newly disturbed soil. Pigs 1990). Activity of axis deer threatens all extreme alteration because of past and also disseminate alien plant seeds populations of Hedyotis present land management practices through their feces and on their bodies, schlechtendahliana var. remyi, Labordia including ranching, agricultural accelerating the spread of alien plants tinifolia var. lanaiensis, and Melicope development, and deliberate through native forests (Cuddihy and munroi on Lanai (HHP 1991g8 to introductions of alien animals and Stone 1990, Stone 1985). Pigs facilitate 1991g10; J. Lau, pers. comm. 1995). plants (Cuddihy and Stone 1990, the spread of Psidium cattleianum B. Overutilization for Commercial, Wagner et al. 1985). The primary threats (strawberry guava) and Schinus Recreational, Scientific, or Educational facing the 10 plant taxa included in this terebinthifolius (Christmas berry), Purposes final rule are ongoing and threatened which threaten several of the taxa (Cuddihy and Stone 1990, Smith 1985, Unrestricted collecting for scientific destruction and adverse modification of or horticultural purposes or excessive habitat by feral animals and competition Stone 1985). On Maui, pigs threaten both subspecies of Clermontia samuelii, visits by individuals interested in seeing with alien plants (see Factor E for rare plants is a potential threat to any discussion about alien plants). Cyanea copelandii ssp. haleakalaensis, the only known populations of Cyanea species identified as an imperiled. This Eight of the 10 taxa in this rule are is the case with all of the taxa in this variously threatened by feral animals glabra and Cyanea hamatiflora ssp. hamatiflora, and the only known final rule, but would seriously impact (see Table 2). Animals such as pigs, the eight taxa whose low numbers and/ goats, axis deer, and cattle were population of Labordia triflora (NTBG 1994; A.C. Medeiros, R. Hobdy, and J. or few populations make them introduced either by the early especially vulnerable to disturbances Hawaiians or more recently by Lau, pers. comms. 1995; F.R. Warshauer, pers. comm. 1995). (Cyanea copelandii ssp. haleakalaensis, European settlers for food and/or Cyanea glabra, Dubautia plantaginea commercial ranching activities. Over the Goats, native to the Middle East and ssp. humilis, Hedyotis 200 years following their introduction, India, were first successfully introduced schlechtendahliana var. remyi, Kanaloa their numbers increased and the adverse to the Hawaiian Islands in 1792. Feral kahoolawensis, Labordia tinifolia var. impacts of feral ungulates on native goats now occupy a wide variety of lanaiensis, Labordia triflora, and vegetation have become increasingly habitats from lowland dry forests to Melicope munroi). apparent. Beyond the direct effect of montane grasslands on Kauai, Oahu, trampling and grazing native plants, Molokai, Maui, and Hawaii, where they C. Disease and Predation feral ungulates have contributed consume native vegetation, trample Disease is not known to be a significantly to the heavy erosion still roots and seedlings, accelerate erosion, significant threat to any of the taxa. taking place on most of the main and promote the invasion of alien plants None of the 10 taxa are known to be Hawaiian islands (Cuddihy and Stone (Scott et al. 1986, Stone 1985, van Riper unpalatable to pigs, deer, or goats. Feral 1990). and van Riper 1982). On Molokai, goats pigs not only destroy native vegetation Pigs, originally native to Europe, threaten the only known population of through their rooting activities and Africa, and Asia, were introduced to Labordia triflora (T. Motley, pers. dispersal of alien plant seeds (see Factor Hawaii by the Polynesian ancestors of comm. 1993). A), but they also feed on plants, Hawaiians, and later by western In 1920, a group of 12 axis deer was preferring the pithy interior of large tree immigrants. The pigs escaped introduced to the island of Lanai and ferns and fleshy-stemmed plants from domestication and invaded primarily about 60 years later the population was the bellflower family (Stone 1985, Stone wet and mesic forests of Kauai, Oahu, estimated at 2,800 (Tomich 1986). Axis and Loope 1987). There is direct Molokai, Maui, and Hawaii. Pigs pose deer degrade habitat by trampling and evidence of pigs eating bark off an immediate threat to one or more overgrazing vegetation, which removes individuals of Cyanea hamatiflora ssp.

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.032 pfrm03 PsN: 03SER1 48316 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations hamatiflora (A.C. Medeiros, pers. pers. comm. 1994; K. Wood, pers. Although it does not lease the island, comm. 1995), and predation is a comm. 1995). the Navy controls access to the island possible threat to other members of the because of the danger of unexploded D. The Inadequacy of Existing bellflower family (Clermontia samuelii, ordnance. The island is not a State Regulatory Mechanisms Cyanea copelandii ssp. haleakalaensis, Forest Reserve, Natural Area Reserve, or and Cyanea glabra). Predation is also a Of the 10 taxa in this final rule, 8 have within a conservation district. possible threat to the one other taxon, populations located on private land, 2 Regardless of the owner, lands in Labordia triflora, known from areas on State land, and 4 on Federal land these districts are regarded as necessary where pigs have been reported (A.C. within Haleakala National Park. While for the protection of endemic biological Medeiros and R. Hobdy, pers. comms. four of the taxa occur in more than one resources and the maintenance or 1995; F.R. Warshauer, pers. comm. of those three ownership categories, five enhancement of the conservation of 1995). are known only from private land, and natural resources. Activities permitted Two rat species, the black rat and the Kanaloa kahoolawensis is found only in conservation districts are chosen by Polynesian rat (Rattus exulans), and to on State land. considering how best to make multiple While four of these taxa are found in a lesser extent other introduced rodents, use of the land (HRS, sect. 205–2). Some Haleakala National Park, which is eat large fleshy fruits and strip the bark uses, such as maintaining animals for managed to protect native ecosystems, of some native plants, particularly fruits hunting, are based on policy decisions, one or more populations of each taxa are of the native plants in the bellflower while others, such as preservation of found on State or private land as well. family (Cuddihy and Stone 1990, endangered species, are mandated by One of the taxa, Clermontia samuelii, Tomich 1986, Wagner et al. 1985). It is State laws. Requests for amendments to also occurs in a State Natural Area possible that rats eat the fruits of district boundaries or variances within Clermontia samuelii, Cyanea copelandii Reserve, which is managed to perpetuate native resources (HRS, sect. existing classifications can be made by ssp. haleakalaensis, Cyanea glabra, and government agencies and any person Cyanea hamatiflora ssp. hamatiflora, 195–5). Furthermore, although Hawaii has a strong State Endangered Species with a property interest in the land which produce fleshy fruits and stems, (HRS, sect. 205–4). Before decisions and grow in areas where rats occur (A.C. law (HRS, sect. 195-D), these plants are currently not protected under that law. about these requests are made, the Medeiros, pers. comm. 1995; L. impact of the final reclassification on Mehrhoff, in litt. 1995). Rats also eat the The other three taxa are found on private lands. However, there are no ‘‘preservation or maintenance of seeds of Labordia triflora (T. Motley, important natural systems or habitat’’ pers. comm. 1993). Rats are a potential State laws or existing regulatory (HRS, sects. 205–4, 205–17), as well as threat to Kanaloa kahoolawensis, which mechanisms at the present time to the maintenance of natural resources is has seeds of a type preferred by rats (L. protect or prevent further decline of required to be taken into account (HRS, Mehrhoff, in litt. 1995). these plants on private land, except for Slugs are widespread in Hawaii and a minimal protection offered to those that sects. 205–2, 205–4). serious threat to many native plant taxa, occur on land classified as a Hawaii Revised Statutes (chapt. 343) in addition to possibly being an conservation district. require an environmental assessment to attractant to pigs (Howarth 1985). Slugs Sections 2(c) (1) and 7 of the Act determine whether or not the feed preferentially on plants with fleshy direct Federal agencies to seek to environment will be significantly leaves, stems, and fruits, including all conserve listed endangered and affected before any final land use—(1) taxa in the family Campanulaceae in threatened species and to avoid occurs on State land, or (2) is funded in Hawaii (L. Mehrhoff, in litt. 1995). Slugs jeopardizing listed species, but require part or whole by county or State funds, are the primary threat to Cyanea glabra. no such activities if the plants are not or (3) will occur within land classified All recent observations of this species federally listed. as conservation district. If it is found have shown slug damage on both The majority of the populations of the that an action will have a significant juveniles and adults (A.C. Medeiros, 10 taxa are located on land classified effect, preparation of a full pers. comm. 1995). Slugs are also a within conservation districts and owned Environmental Impact Statement is potential threat to the following taxa by the State of Hawaii or private required. Hawaii’s Environmental with fleshy tissues, including companies or individuals. Clermontia Policy Act, adopted in 1974 to Clermontia samuelii, Cyanea copelandii samuelii occurs within Haleakala encourage the conservation of natural ssp. haleakalaensis, and Cyanea National Park, and on State Forest resources and the enhancement of the hamatiflora ssp. hamatiflora (A.C. Reserve or State Natural Area Reserve quality of life, requires the safeguarding Medeiros, pers. comm. 1995; L. lands—both are within conservation of ‘‘. . . the State’s unique natural Mehrhoff, in litt. 1995). districts. Kanaloa kahoolawensis occurs environmental characteristics . . .’’ Two spotted leafhopper is a recently only on the island of Kahoolawe, which (HRS, sect. 344–3(1)) and includes introduced insect that feeds on leaves, is owned by the State of Hawaii. In guidelines to protect endangered species causing physical damage. In addition to 1993, Kahoolawe was transferred to of individual plants and animals (HRS, mechanical feeding damage, this insect native Hawaiian control. The sect. 344–4(3)(A)). However, unless the may be a vector of a plant virus and is Kahoolawe Island Reserve Commission species are protected under the State suspected of causing severe dieback of (KIRC), which is under the Hawaii endangered species law (i.e., State listed the native fern Dicranopteris linearis Department of Land and Natural as endangered or threatened), there is no (uluhe), and economic damage to crops Resources’ Historic Preservation section, mechanism to ensure that the species and ornamental plants in Hawaii. The was established to oversee the cleanup will be protected, regardless of what two spotted leafhopper is a potential of the island, including the removal of State ‘‘guidelines’’ are in place. Even threat to all native taxa, since it has unexploded military ordnance and the though all of these species, except shown no host preference. It is a restoration of native ecosystems and Kanaloa kahoolawensis, occur on particularly grave threat to Cyanea traditional cultural uses. Funding for conservation district lands, the glabra, since biologists have observed the cleanup was authorized by the U.S. designation of a conservation district leafhoppers near the West Maui Congress, and the U.S. Navy is does not provide adequate protection to population (Adam Asquith, Service, responsible for performing the cleanup. these species.

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Federal listing of these 10 plant one of the greatest alien plant threats to the island of Oahu, and has become species will automatically invoke State Hawaiian rain forests and is a threat on established on East Maui. This species listing under Hawaii’s Endangered Maui to one of two known populations has the potential to be very disruptive, Species law and supplement the of Cyanea copelandii ssp. as it has become an understory protection available under other State haleakalaensis and Cyanea glabra dominate where introduced to similar laws. The Federal Endangered Species (Higashino et al. 1988; A.C. Medeiros, habitat in Tahiti (Almeda 1990, Act will, therefore, offer additional pers. comm. 1995). On Lanai, this Cuddihy and Stone 1990). This species protection to these species. invasive alien plant threatens all occurs on Maui near populations of State laws relating to the conservation populations of Hedyotis Clermontia samuelii and poses a of biological resources, including schlechtendahliana var. remyi, the only potential threat (A.C. Medeiros, pers. indigenous aquatic life, wildlife and known population of Labordia tinifolia comm. 1995). land plants, and endangered species and var. lanaiensis, and the only known Myrica faya (firetree), native to the their associated ecosystems, allow for population of Melicope munroi (HHP Azores, Madeira, and the Canary the acquisition of land as well as the 1991e1 to 1991e3; R. Hobdy, pers. Islands, was introduced to Hawaii development and implementation of comm. 1994; J. Lau, pers. comm. 1995). before 1900 for wine-making, firewood, programs for the conservation, Schinus terebinthifolius (Christmas or an ornamental. Trees were planted in management, and protection of berry), introduced to Hawaii before forest reserves in the 1920s. By the mid- biological resources (HRS, sect. 195D– 1911, is a fast-growing tree or shrub 1980s M. faya had infested over 34,000 5(a)). However, according to HRS, sect. invading most mesic to wet lowland hectares (83,980 acres) throughout the 195D–5(d), ‘‘in carrying out programs areas of the major Hawaiian Islands State, with the largest infestations on authorized by this section, priority shall (Wagner et al. 1990). Schinus the island of Hawaii. It is now be given to the conservation and terebinthifolius is distributed mainly by considered a noxious weed (Cuddihy protection of those endangered . . .’’, feral pigs and fruit-eating birds and and Stone 1990, DOA 1981). Myrica (i.e., Federal and State listed),’’ . .. forms dense thickets that shade out and faya can form a dense stand with no aquatic life, wildlife, and land plant displace other plants (Cuddihy and ground cover beneath the canopy. This species whose extinction within the Stone 1990, Smith 1985, Stone 1985). lack of ground cover may be due to State would imperil or terminate, This species is a threat to one dense shading or to chemicals released respectively, their existence in the population of Hedyotis by the tree that prevent other species world.’’ Therefore, the State will always schlechtendahliana var. remyi, and the from growing. Myrica faya also fixes give priority to protection and only known populations of Labordia nitrogen and increases nitrogen levels in conservation efforts to species that are tinifolia var. lanaiensis and Labordia Hawaii’s typically nitrogen-poor federally and State listed as endangered triflora (HHP 1991e2; R. Hobdy, pers. volcanic soils. This may encourage the or threatened. Without Federal listing, comm. 1994; J. Lau, pers. comm. 1995). invasion of alien plants that would not these 10 species receive no protection or Rubus rosifolius (thimbleberry), normally be able to grow as well as management by the State. native to Asia, is naturalized in disturbed mesic to wet forest on all of native species in the low-nitrogen soils E. Other Natural or Manmade Factors the main Hawaiian Islands and is of Hawaii (Cuddihy and Stone 1990). Affecting Its Continued Existence perhaps the most widespread of all On Lanai, this species threatens All 10 of the taxa in this final rule are species of Rubus introduced to Hawaii Hedyotis schlechtendahliana var. remyi threatened or potentially threatened by (Cuddihy and Stone 1990). On Maui, and Labordia tinifolia var. lanaiensis competition with one or more alien this species threatens one of the two (HHP 1991e3; R. Hobdy, pers. comm. plant taxa (see Table 2). The most populations of Cyanea copelandii ssp. 1994). significant of these appear to be Psidium haleakalaensis as well as Cyanea glabra Paspalum conjugatum (Hilo grass) is cattleianum (strawberry guava), Schinus (NTBG 1994; A.C. Medeiros, pers. naturalized in moist to wet disturbed terebinthifolius (Christmas berry), comm. 1995). areas on all of the main Hawaiian Rubus rosifolius (thimbleberry), Clidemia hirta (Koster’s curse), a Islands except Niihau and Kahoolawe, Clidemia hirta (Koster’s curse), Miconia noxious shrub native to tropical and produces a dense ground cover calvescens (velvet tree), Myrica faya America, is found in mesic to wet (Cuddihy and Stone 1990). In Maui’s (firetree), Paspalum conjugatum (Hilo forests on at least six islands in Hawaii Kipahulu Valley, this grass threatens grass), Psidium guajava (common (Almeda 1990, Hawaii Department of one of the two populations of Cyanea guava), Casuarina equisetifolia Agriculture 1981, Smith 1992). Clidemia copelandii ssp. haleakalaensis, as well (ironwood tree), Leptospermum hirta was first reported on Oahu in 1941 as Cyanea glabra (NTBG 1994; A.C. scoparium (New Zealand tea), and and had spread through much of the Medeiros, pers. comm. 1995). On West Ageratina adenophora (Maui Koolau Mountains by the early 1960s. Maui, P. conjugatum threatens Dubautia pamakani). There are a number of other This noxious plant forms a dense plantaginea ssp. humilis (HPCC 1990). alien plant taxa that pose a significant understory, shading out other plants Psidium guajava (common guava), a threat to populations of these plants. and hindering plant regeneration shrub or small tree native to the New Psidium cattleianum (strawberry (Cuddihy and Stone 1990). This prolific World tropics, is naturalized on all of guava), an invasive shrub or small tree alien plant has recently spread to five the main islands, except, perhaps, native to tropical America, has become other islands and, on Maui is a potential Niihau and Kahoolawe (Wagner et al. widely naturalized on all of the main threat to Clermontia samuelii, Cyanea 1990). Psidium guajava is a serious islands, forming dense stands that copelandii ssp. haleakalaensis and weed that invades disturbed sites, exclude other plant species in disturbed Cyanea glabra (A.C. Medeiros, pers. forming dense thickets in dry as well as areas (Cuddihy and Stone 1990). This comm. 1995). mesic and wet forests (Smith 1985, alien plant grows primarily in mesic Miconia calvescens (velvet tree) is a Wagner et al. 1990). On Maui, this and wet habitats and is dispersed recently naturalized species native to species threatens one of the two known mainly by feral pigs and fruit-eating tropical America. This species has populations of Cyanea copelandii ssp. birds (Smith 1985, Wagner et al. 1990). become invasive in the Hamakua coast haleakalaensis, as well as Cyanea glabra Psidium cattleianum is considered to be and Pahoa areas of the island of Hawaii, and Dubautia plantaginea ssp. humilis

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(HPCC 1990; Higashino et al. 1988; A.C. is considered a more serious threat to kahoolawensis (Lorence and Wood Medeiros, pers. comm. 1995). native forests because it produces 1994, O’Connor 1990). Casuarina equisetifolia (ironwood) is abundant fruit (Cuddihy and Stone Erosion, landslides, rockslides, and a large, fast-growing tree that reaches up 1990, Wagner et al. 1990). Both species flooding due to natural weathering to 20 m (65 ft) in height (Wagner et al. of Hedychium threaten Clermontia result in the death of individual plants 1990). This large tree shades out other samuelii (A.C. Medeiros, pers. comm. as well as habitat destruction. This plants, takes up much of the available 1995), and H. gardnerianum is a threat especially affects the continued nutrients, and possibly releases a to Labordia tinifolia var. lanaiensis (R. existence of taxa or populations found chemical agent that prevents other Hobdy, pers. comm. 1994). on cliffs, steep slopes, and stream banks plants from growing beneath it (Neal Tibouchina herbacea (glorybush), a that have limited numbers and/or 1965, Smith 1985). Casuarina relative of Koster’s curse, first became narrow ranges such as the West Maui equisetifolia is invading the wet cliffs of established on the island of Hawaii in population of Cyanea glabra, Cyanea Iao Valley and is a threat to Dubautia the late 1970s and, by 1982, was hamatiflora ssp. hamatiflora, Dubautia plantaginea ssp. humilis (HPCC 1990; collected in Lanilili on West Maui plantaginea ssp. humilis, and Kanaloa HHP 1991d1; R. Hobdy, pers. comm. (Almeda 1990). Although the disruptive kahoolawensis (Lorence and Wood 1995). potential of this alien plant is not fully 1994; R. Hobdy, pers. comm. 1995). Leptospermum scoparium (New known, T. herbacea appears to be The small number of populations and Zealand tea), brought to Hawaii as an invading mesic and wet forests of individuals of many of these taxa ornamental plant and now naturalized Hawaii and Maui (Cuddihy and Stone increases the potential for extinction in disturbed mesic to wet forest on three 1990), and is considered a threat to from a single human-caused or natural islands, threatens Hedyotis Clermontia samuelii, Cyanea copelandii environmental disturbance. In addition, schlechtendahliana var. remyi, and the ssp. haleakalaensis, and Cyanea glabra the small gene pool may depress only known populations of Labordia (R. Hobdy and A.C. Medeiros, pers. reproductive vigor. Four of the plants, tinifolia var. lanaiensis and Melicope comms. 1995). Kanaloa kahoolawensis, Labordia munroi (Wagner et al. 1990; J. Lau, pers. Sporobolus africanus (smutgrass) was tinifolia var. lanaiensis, Labordia comm. 1995). introduced from Africa and has become triflora, and Melicope munroi, are each Ageratina adenophora (Maui naturalized on all the main islands of known from a single population. Four pamakani), native to tropical America, Hawaii except Niihau and Kahoolawe. It additional taxa have five or fewer has become naturalized in dry areas to is typically found in disturbed areas populations (Cyanea copelandii ssp. wet forest on Oahu, Molokai, Lanai, such as road sides and pastures haleakalaensis, Cyanea glabra, Maui, and Hawaii (Wagner et al. 1990). (O’Connor 1990), and on Maui is a Dubautia plantaginea ssp. humilis, and This noxious weed forms dense mats threat to Dubautia plantaginea ssp. Hedyotis schlechtendahliana var. with other alien plants and prevents humilis (HPCC 1990). remyi), and three of the taxa are regeneration of native plants (Anderson Pluchea symphytifolia (sourbush) is estimated to number no more than 10 et al. 1992). On Maui, one of the two native to Mexico, the West Indies, and individuals (Hedyotis known populations of Cyanea northern South America. This species is schlechtendahliana var. remyi, Kanaloa copelandii ssp. haleakalaensis, as well naturalized in dry forests and ranges kahoolawensis, and Labordia triflora). as Cyanea glabra and Cyanea into mesic and wet forests on all the All of the taxa in this final rule either hamatiflora ssp. hamatiflora are main Hawaiian islands (Wagner et al. number fewer than 15 populations or threatened by this species (NTBG 1995; 1990). It is a fast growing shrub and can total fewer than 1,000 individuals (see R. Hobdy, pers. comm. 1995). form dense thickets (Smith 1985). Table 2). Rubus argutus (prickly Florida Pluchea symphytifolia is a threat to We have carefully assessed the best blackberry) was introduced to the Dubautia plantaginea ssp. humilis on scientific and commercial information Hawaiian Islands in the late 1800s from West Maui (HPCC 1990). available regarding the past, present, the continental U.S. (Haselwood and Emelia fosbergii is a pantropical weed and future threats faced by these taxa in Motter 1983). The fruits are easily of unknown origin. In Hawaii it is a determining to make this rule final. spread by birds to open areas such as common weed in disturbed lowland dry Based on this evaluation, we find that disturbed mesic or wet forests, where habitats on all the main islands (Wagner these 10 species should be listed as the species forms dense, impenetrable et al. 1990). Emelia fosbergii is a threat endangered—Clermontia samuelii, thickets (Smith 1985). One of two to the only known population of Cyanea copelandii ssp. haleakalaensis, known populations of Cyanea Kanaloa kahoolawensis (Lorence and Cyanea glabra, Cyanea hamatiflora ssp. copelandii ssp. haleakalaensis, as well Wood 1994). hamatiflora, Dubautia plantaginea ssp. as Cyanea glabra are threatened by this Nicotiana glauca (tree tobacco) was humilis, Hedyotis schlechtendahliana species (A.C. Medeiros, pers. comm. brought to Oahu as an ornamental from var. remyi, Kanaloa kahoolawensis, 1995). Argentina in the 1860s. It is now Labordia tinifolia var. lanaiensis, Hedychium coronarium (white ginger) naturalized in all warm temperate Labordia triflora, and Melicope munroi. was introduced to Hawaii in the late regions of the world. On Oahu, Lanai, All of these taxa are threatened by one 1800s, probably by Chinese immigrants. Maui, and Kahoolawe, this species is or more of the following—habitat It escaped from cultivation and is found naturalized in disturbed open, dry degradation and/or predation by pigs, in wet and mesic forests on most of the habitats (Symon 1990). Nicotiana glauca goats, deer, rats, and invertebrates; main Hawaiian islands. The large, is a threat to the only known population competition with alien plant taxa for vigorous herbs mainly reproduce of Kanaloa kahoolawensis (Lorence and space, light, water, and nutrients; and, vegetatively, forming very dense stands Wood 1994). substrate loss. Eight of the taxa have five that exclude all other growth. Chloris barbata (swollen finger grass) or fewer populations, and three of these Hedychium gardnerianum (kahili is native to Central America, the West taxa are estimated to number no more ginger) was introduced to Hawaii before Indies, and South America. In Hawaii it than 10 individuals. Small population 1940 from the Himalayas, and now has is naturalized in disturbed dry areas on size and limited distribution make eight major infestations on the islands of all the main islands, and is a threat to of these taxa particularly vulnerable to Hawaii, Maui, and Kauai. This species the only known population of Kanaloa extinction from reduced reproductive

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National Parks are managed for the species, if there are any benefits to determination of endangered status for protection of native ecosystems, which critical habitat designation, then a these 10 taxa is warranted. should promote protection, prudent finding is warranted pursuant conservation, and recovery of plants to the NRDC decision. In the case of Critical Habitat that are part of those ecosystems, these taxa, there may be some benefits Critical habitat is defined in section 3 suggesting no significant benefit from a to critical habitat. The primary of the Act as: (i) the specific areas designation of critical habitat. regulatory effect of critical habitat is the within the geographical area occupied In light of recent court decisions (e.g., section 7 requirement that Federal by a species, at the time it is listed in Natural Resources Defense Council v. agencies refrain from taking any action accordance with the Act, on which are U.S. Department of the Interior 113 F. that destroys or adversely modifies found those physical or biological 3d 1121 (9th Cir. 1997); Conservation critical habitat. Four of these species features (I) essential to the conservation Council for Hawaii v. Babbitt, 2 F. Supp. (Clermontia samuelii, Cyanea of the species and (II) that may require 2d 1280 (D. Hawaii 1998)) issued since copelandii ssp. haleakalaensis, Cyanea special management consideration or the proposed rule was published we glabra, and Cyanea hamatiflora ssp. protection; and (ii) specific areas have reconsidered the prudency finding hamatiflora) occur in part on Federal outside the geographical area occupied under the Act. In the Natural Resources land that would be subject to section 7. by a species at the time it is listed, upon Defense Council case (hereafter NRDC), The fact that this is land administered a determination that such areas are the Ninth Circuit held, first, that a not by the National Park Service does not, essential for the conservation of the prudent finding premised on increased in itself, justify a not prudent finding in species. ‘‘Conservation’’ means the use threats was justified only if the Service the Ninth Circuit. However, we will of all methods and procedures needed weighs, based on facts in the record, the determine at the time of designation to bring the species to the point at benefits of designation against the risks whether National Park Service lands which listing under the Act is no longer of designation. Second, it held that the meet the statutory definition of critical necessary. Service erred in finding no benefit to habitat. While the other taxa (Dubautia Prudency Determination critical habitat simply because critical plantaginea ssp. humilis, Hedyotis habitat would not control the majority schlechtendahliana var. remyi, Kanaloa Section 4(a)(3) of the Act, as of land-use activities within critical kahoolawensis, Labordia tinifolia var. amended, and implementing regulations habitat, and that to do so was lanaiensis, Labordia triflora, and (50 CFR 424.12) require that, to the inconsistent with Congressional intent Melicope munroi) are located maximum extent prudent and that the not prudent exception to exclusively on non-Federal lands with determinable, the Secretary designate designation should apply ‘‘only in rare limited Federal activities, there may be critical habitat at the time the species is circumstances.’’ With regard to non- Federal actions affecting these lands in determined to be endangered or Federal lands, the court found that they the future. While a critical habitat threatened. Critical habitat is not would be subject to section 7 designation for habitat currently prudent when one or both of the requirements in the future if their use occupied by these species would not be following situations exist—(i) the involved any form of Federal agency likely to change the section 7 species is threatened by taking or other authorization or action. Third, the court consultation outcome because an action human activity, and identification of found that the existence of another type that destroys or adversely modifies such critical habitat can be expected to of protection, even if potentially greater critical habitat would also be likely to increase the degree of such threat; (ii) than that provided by designating result in jeopardy to the species, there designation of critical habitat would not critical habitat, does not justify a not may be instances where section 7 be beneficial to the species. prudent finding. consultation would be triggered only if In the proposed rule, we indicated The Service continues to be critical habitat is designated. Examples that designation of critical habitat was concerned that designation of critical could include unoccupied habitat or not prudent for the six taxa (Dubautia habitat could potentially increase the occupied habitat that may become plantaginea ssp. humilis, Hedyotis threats to these species. Due to low unoccupied in the future. There may schlechtendahliana var. remyi, Kanaloa numbers of individuals or populations also be some educational or kahoolawensis, Labordia tinifolia var. and their inherent immobility, these informational benefits to critical habitat. lanaiensis, Labordia triflora, and plants are vulnerable to unrestricted Therefore, we find that critical habitat is Melicope munroi) that are located collection, vandalism or other prudent for the 10 Maui Nui plant taxa, primarily on non-Federal lands with disturbance. We also remain concerned Clermontia samuelii, Cyanea copelandii limited Federal activities because of a that these threats may be exacerbated by ssp. haleakalaensis, Cyanea glabra, concern that publication of precise the publication of critical habitat maps Cyanea hamatiflora ssp. hamatiflora, maps and descriptions of critical habitat and further dissemination of locational Dubautia plantaginea ssp. humilis, in the Federal Register could increase information. However, we have Hedyotis schlechtendahliana var. remyi, the vulnerability of these plant species examined the evidence available for Kanaloa kahoolawensis, Labordia to incidents of collection and general each of these ten taxa and have not, at tinifolia var. lanaiensis, Labordia vandalism. In the case of plants, this time, found specific evidence of triflora, and Melicope munroi. increased visits to the sites where rare taking, vandalism, collection or trade of species are found could contribute to any of them or of similarly situated Proposed Critical Habitat Designations the decline of existing populations species. Consequently, consistent with Will Be Consistent With The Service’s through overcollection or vandalism. applicable regulations (50 CFR Listing Priority Guidance We also indicated that designation of 424.12(a)(1)(i)), we do not find that any As a Tier 2 activity, the processing of critical habitat was not prudent for the of these species are currently threatened this final rule conforms with our current

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.039 pfrm03 PsN: 03SER1 48320 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations listing priority guidance (LPG) for fiscal requested approximately $7.5 million action that destroys or adversely years 1998 and 1999, published in the for listing, Congress appropriated only modifies critical habitat. While in some Federal Register on May 8, 1998 (63 FR $5.0 million. The President requested cases critical habitat may result in some 25502). However, at this time, and received $5.19 million for listing in additional section 7 coverage, for designation of critical habitat is a Tier FY 1998, and Congress expressly example in unoccupied habitat, the 3 activity under the current LPG. While prohibited the expenditure of any prohibition on destroying critical we allocated about 17 percent of the additional funds for listing. This habitat generally overlaps the jeopardy total listing budget for critical habitat reduced listing budget request was prohibition of section 7. There may also actions this fiscal year, all of Region 1’s based on a realistic assessment of the be other benefits of critical habitat, such allocation will be spent complying with level of funding that might be obtained as increased awareness by the general court-ordered designations. Completion and reflected a need to address other public and State and government of any other Tier 3 activity in Region 1 endangered species program activities agencies of the importance of certain this fiscal year is precluded by higher such as conducting section 7 habitat areas. Nevertheless, compared priority listing actions. Future work on consultations, processing section 10 with the benefits of listing as proposed critical habitat designations incidental take permit applications, and endangered or threatened, those species for these taxa will be scheduled based developing and implementing recovery that presently have no protection under on future listing appropriations, the LPG plans. Although the Department also the Act, designating critical habitat for in effect at that time, and their relative requested that Congress include the species already receiving its full priority compared to other pending amount of the budget that could be protection provides relatively fewer critical habitat proposals. allocated to listing on the face of the conservation benefits. The Act imposes more listing duties appropriations bill, it did so only to Furthermore, designation of critical than we currently are able to meet due clarify Congress’ intent, previously habitat is expensive and time- to lack of adequate funding. To deal expressed in Congressional committee consuming. It entails the detailed with this difficult situation, we have reports, that we not divert funding to identification of all areas containing the developed a series of LPGs to prioritize listings from other programs. In FY physical or biological features essential our various listing activities in such a 1999, the President requested significant to the conservation of each species (16 way as to secure the most protection for increases for all Endangered Species U.S.C. 1532(5)(A)). Then, we must the greatest number of the most programs, including an increase of $1.5 determine which of these areas may imperiled species in the least time. million for listing. However, Congress require special management considerations or protection. Maps and The Listing Priority Guidance appropriated only an additional $566,000, for a total listing budget of written legal descriptions must be The Federal Register notices for the $5.756 million, again with an express prepared for each area to be proposed LPGs describe the fiscal constraints cap on the listing budget. for critical habitat (50 CFR 424.12(c)). imposed over the past four years in To address the backlog that has We must also consider the economic detail. 63 FR 25502 (May 8, 1998) (FY resulted from the listing moratorium and other impacts of designating areas 1998/1999 LPG); 61 FR 64475 (Dec. 5, and subsequent funding constraints, and as critical habitat (16 U.S.C. 1533(b)(2)). 1996) (FY 1997 LPG); 61 FR 24722 (May to meet litigation deadlines, we This requires the preparation of an 16, 1996) (FY 1996 LPG). In brief, employed the LPGs to prioritize listing economic analysis and consideration of Congress originally appropriated $7.999 actions. The 1996, 1997, and 1998/99 any additional available information million for listing in FY 1995. On April LPGs use categories or ‘‘tiers’’ of Act concerning other impacts. Then we 10, 1995, Congress enacted a listing actions to guide the expenditure must determine whether the benefits of moratorium on final listing of limited listing funds. Each year, the excluding any particular area outweigh determinations and critical habitat content and number of tiers has changed the benefits of including that area as designations, and rescinded $1.5 somewhat, reflecting the progress that part of the critical habitat. To insure that million (nearly twenty percent) of the the Service has made in reducing the the affected public and State and local listing budget. The severe funding listing backlog. In the current guidance, governments have an adequate shortages and the listing moratorium the highest priority (Tier 1) is assigned opportunity to comment, we must also continued in FY 1996. From October 1, to emergency listings of species facing publish each critical habitat proposal in 1995, until April 26, 1996, the an imminent risk of extinction. The the Federal Register for public Department of the Interior operated second highest priority (Tier 2) includes comment; provide actual notice of the without a regularly enacted full-year processing final determinations on proposed regulation to appropriate State appropriations bill. Instead, funding for proposed additions to the lists of and local government agencies where most of the Department’s programs, endangered and threatened species, the taxon is believed to occur; publish including the endangered species listing processing new proposals to add species a summary of each proposal in a program, was governed by a series of to the lists, and processing petition newspaper of general circulation in each thirteen ‘‘continuing resolutions’’ (CRs) findings to add species to the lists. area where the taxon is believed to that severely reduced or eliminated Preparing proposed and final rules to occur; and hold public hearings if funding for the Service’s listing designate critical habitat is assigned the requested (16 U.S.C. 1533(b)(5)). program. Their net effect was essentially lowest priority (Tier 3). It is very difficult to estimate to shut down the listing program. It is essential during periods of precisely the time and cost to develop After more than six months of limited listing funds to maximize the critical habitat designations for the continuing resolutions, Congress conservation benefit of listing plants at issue here and we intend to allowed the President to lift the listing appropriations. Designation of critical streamline the process to the extent moratorium and appropriated $4.0 habitat is very resource-intensive, and possible consistent with our statutory million for listing in FY 1996, far short in most cases provides little additional obligations. For example, for the of the funds necessary to process the protection. As explained previously, the Mexican spotted owl, the actual backlog of 243 final listing primary regulatory effect of critical designation cost over $341,000. determinations that required action. In habitat is the section 7 requirement that Obviously, the greater the number of FY 1997, although the President Federal agencies refrain from taking any species, the greater the cost. Because of

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Each region has a will be expended to comply with these thus allowing the implementation of a regional office and a number of field court orders. For example, we have been more balanced listing program. When offices that report to the regional office. ordered to propose critical habitat for the moratorium was lifted, final These ten species are under the the tidewater goby by August 3, 1999, decisions for 243 proposed listings were jurisdiction of Region 1, which includes and to complete final critical habitat pending. In the four calendar years prior California, Oregon, Washington, Idaho, designation for the western snowy to the moratorium, we made final listing Nevada, Hawaii, and various Pacific plover by December 1, 1999. In decisions for an average of 88 species Islands. Within Region 1, these species addition, Region 1 had to comply with per year. In comparison, in the twelve are the responsibility of the Pacific a court order to reanalyze a previous not months after the moratorium was lifted Islands Fish and Wildlife Office in prudent finding for critical habitat for on April 26, 1996, we made final listing Honolulu, Hawaii. the coastal California gnatcatcher. This Region 1 has by far the heaviest determinations for 131 species. Since reanalysis was completed this fiscal endangered species workload of the that time, we further reduced the year, and we are beginning the analysis Service’s seven regions. About one-half backlog of pending proposals to list on specific sites to identify any areas of all species listed under the Act fall domestic species, so that 68 such within Region 1’s jurisdiction. Since the that may be appropriate for proposed proposals remain pending (as of June listing moratorium was lifted in April critical habitat designation. Complying 24, 1999), only 1 of which was 1996, Region 1 has expended much of with these orders will require a published prior to the moratorium. its limited listing resources on the significant commitment of resources. However, at present we still face the completion of final determinations on By far the greatest litigation-driven dilemma that we cannot complete all of proposed rules to list species. From commitment of listing resources will be our statutory listing duties within the April 1996 through June 24, 1999, we required to comply with the order in time frames mandated by Congress, made 210 final determinations for Conservation Council of Hawaii v. given the insufficient funds Region 1 species (81 percent of the Babbitt. There, the district court appropriated by Congress for this nationwide total of 260). In that time remanded to the Service its ‘‘not purpose. The LPG is the most efficient frame, Region 1 also proposed rules for prudent’’ findings on critical habitat way, consistent with the purposes of the 49 species (56 percent of the nationwide designation for 245 species of Hawaiian Act, for us to pursue the goal of total of 88), and completed 9 petition plants. The court ordered us not only to reestablishing full compliance with the findings (20 percent of the nationwide reconsider these findings but also to Act. total of 44). designate critical habitat for any species The progress we have made in Region 1 likewise has a heavy listing for which we determine on remand that reducing the listing backlog by workload for the remainder of FY 1999. critical habitat designation is prudent. employing the LPG has allowed us to Region 1 has the lead on forty-six This order essentially requires a single slowly expand the activities we species proposed for listing for which field office to draft critical habitat undertake. Resuming work on critical final determinations must be made. determinations for over one-fifth of all habitat designations, where prudent, is Region 1 must also complete 12-month the species that have ever been listed in the next step in this process. In fact, we findings for an additional five species. the history of the Act, and encompasses set aside $979,000 from the 1999 listing Moreover, Region 1 has primary more than one-third of all listed plants. budget to undertake critical habitat responsibility for about 100 candidate Compliance with this court order, set on actions. However, current budget levels species, many of which face imminent, a schedule to run through 2003, will are clearly insufficient for us to high-magnitude threats to their require an enormous commitment of undertake all of our outstanding critical existence. Finally, Region 1 has 5 listing listing resources that may delay other habitat designations in addition to petitions awaiting 90-day findings. Region 1 listing activity for years. meeting our other mandatory listing Under the LPG, these are all Tier 2 Because of this tremendous court duties under the Act. Therefore, we plan activities that should be given priority ordered workload, the Pacific Islands to employ a priority system for deciding to ensure that species in need of the Fish and Wildlife Office is only working which ones should be addressed first. fundamental protections of the Act are on emergency listing actions (Tier 1) in We will focus our efforts on those addressed. Currently, there is one draft addition to lawsuit driven listing designations that will provide the most final delisting package awaiting revision activities; all remaining Tier 2 activities conservation benefit, taking into by the Pacific Islands Fish and Wildlife remaining in the office will not be consideration the efficacy of critical Office listing staff and, seven draft completed. While we cannot predict the habitat designation in addressing the proposed listing packages covering 39 outcome of the Congressional threats to the species, the magnitude species awaiting revision by either the appropriation process for FY 2000 it is and immediacy of those threats, and the Regional Office listing staff or the very unlikely that it will see a amount of resources necessary to Pacific Islands Fish and Wildlife Office. significant increase in its listing budget complete the designation. We are also in In addition, preparation of proposed and it is more reasonable to expect that the process of re-examining procedures listing rules for 28 Hawaiian plant the budget will be at a slightly lower and requirements for critical habitat species and 2 species of butterflies from level than FY 1999. If this is the case, designation, in order to streamline and the Northern Marianas Islands have it is likely that the Pacific Islands Fish expedite such actions to the maximum been put on hold indefinitely due to the and Wildlife Office will continue to extent permitted under law (64 FR increased workload associated with the have the ability to work only on court 31871, June 14, 1999) (notice of intent determination and designation of ordered and emergency listing actions.

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Of the $5.756 million appropriated in endangered taxa occur on National Park We are not aware of any trade in these FY 1999 for listing actions, Region 1 Service land. The National Park Service species. was allocated $2.964 million (over 50 monitors and manages rare and We believe that, based on the best percent). Of the $979,000 allocated to endangered species populations within available information at this time, the critical habitat, Region 1 received Haleakala National Park (S. Anderson, following actions will not result in a $460,000, or 47 percent. These funds are pers. comm. 1998). violation of section 9 on private land insufficient to fulfill all of its section 4 The Act and its implementing provided that they do not violate State listing duties during FY 1999 as well as regulations set forth a series of general trespass or other laws—hunting, bird to comply with existing court orders prohibitions and exceptions that apply watching, and hiking. Activities for regarding critical habitat. Therefore, to all endangered plants. With respect to which a Federal endangered species designating critical habitat for these 10 the 10 species in this final rule, all permit is issued to allow collection for taxa at this time (Tier 3 activities) would prohibitions of section 9(a)(2) of the Act, scientific or recovery purposes would come at the expense of providing basic implemented by 50 CFR 17.61, would also not result in a violation of section protection under the Act to species not apply. These prohibitions, in part, make 9. We are not aware of any otherwise yet listed (Tier 2 activities). it illegal for any person subject to the lawful activities being conducted or We will develop critical habitat jurisdiction of the United States to proposed by the public that will be designations for these ten taxa as soon import or export any endangered plant affected by this listing and result in a as feasible. At the present time, we species to/from the United States; violation of section 9. General expect that the most expeditious way of transport such species in interstate or prohibitions and exceptions that apply processing these designations will be to foreign commerce in the course of a to all endangered plants in section process them with the 245 Hawaiian commercial activity; sell or offer for sale 9(a)(2) of the Act, implemented by 50 plant species for which critical habitat such a species in interstate or foreign CFR 17.61, apply as discussed earlier in determinations have been remanded to commerce; remove and reduce such a this section. us in Conservation Council of Hawaii v. species to possession from areas under Questions regarding whether specific activities will constitute a violation of Babbitt. As a result, we currently Federal jurisdiction; maliciously section 9 of the Act should be directed anticipate that the proposed critical damage or destroy any such species to the Pacific Islands Ecoregion Manager habitat designation will be completed from areas under Federal jurisdiction; or (see ADDRESSES section). Requests for by April 20, 2002, and the final rules remove, cut, dig up, or damage or copies of the regulations concerning will be completed by April 20, 2003. destroy any such species in knowing listed plants and inquiries regarding Available Conservation Measures violation of any State law or regulation, prohibitions and permits may be including State criminal trespass law. Conservation measures provided to addressed to the Fish and Wildlife Certain exceptions to the prohibitions species listed as endangered or Service, Ecological Services, Permits apply to agents of the Service and State threatened under the Act include Branch, 911 N.E. 11th Avenue, Portland, conservation agencies. recognition, recovery actions, Oregon 97232–4181 (telephone 503– The Act and 50 CFR 17.62 provide for requirements for Federal protection, and 231–2063; facsimile 503–231–6243). prohibitions against certain activities. the issuance of permits to carry out Recognition through listing can otherwise prohibited activities Hawaii State Law encourage and result in conservation involving endangered plant species Federal listing will automatically actions by Federal, State, and local under certain circumstances. Such invoke listing under the State’s agencies, private organizations, and permits are available for scientific endangered species law. Hawaii’s individuals. The Act provides for purposes and to enhance the endangered species law states, ‘‘Any possible land acquisition and propagation or survival of the species. It species of aquatic life, wildlife, or land cooperation with the State and requires is anticipated that few permits would plant that has been determined to be an that recovery plans be developed for ever be sought or issued because these endangered species pursuant to the listed species. The protection required 10 species are not common in Federal Endangered Species Act shall be of Federal agencies and the prohibitions cultivation or in the wild. deemed to be an endangered species against certain activities involving listed It is our policy, published in the under the provisions of this chapter plants are discussed, in part, below. Federal Register on July 1, 1994 (59 FR ** *’’ (HRS, sect. 195D–4(a)). Section 7(a) of the Act, as amended, 34272), to identify to the maximum Therefore, Federal listing will accord requires Federal agencies to evaluate extent practicable at the time a species the species listed status under Hawaii their actions with respect to any species is listed those activities that would or State law. State law prohibits cutting, that is proposed or listed as endangered would not constitute a violation of collecting, uprooting, destroying, or threatened and with respect to its section 9 of the Act. The intent of this injuring, or possessing any listed critical habitat, if any is being policy is to increase public awareness of species of plant on State or private land, designated. Regulations implementing the effect of this listing on proposed and or attempting to engage in any such this interagency cooperation provision ongoing activities within the species’ conduct. The State law encourages of the Act are codified at 50 CFR part range. Four of the species occur on conservation of such species by State 402. Section 7(a)(2) of the Act requires Federal lands under the jurisdiction of agencies and triggers other State Federal agencies to ensure that activities the National Park Service. Collection, regulations to protect the species (HRS, they authorize, fund, or carry out are not damage, or destruction of these species sect. 195AD–4 and 5). likely to jeopardize the continued on Federal lands is prohibited without existence of a listed species or to a Federal endangered species permit. Paperwork Reduction Act destroy or adversely modify its critical Such activities on non-Federal lands This rule does not contain any new habitat. If a Federal action may affect a would constitute a violation of section collections of information other than listed species or its critical habitat, the 9 if conducted in knowing violation of those already approved under the responsible Federal agency must enter Hawaii State law or regulations or in Paperwork Reduction Act, 44 U.S.C. into formal consultation with the violation of a State criminal trespass law 3501 et seq., and assigned Office of Service. Populations of four of the (see Hawaii State Law section below). Management and Budget clearance

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.044 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48323 number 1018–0094. An agency may not Register on October 25, 1983 (48 FR Final Regulation Promulgation conduct or sponsor, and a person is not 49244). Accordingly, we amend part 17, required to respond to, a collection of References Cited subchapter B of chapter I, title 50 of the information unless it displays a Code of Federal Regulations, as set forth currently valid control number. For A complete list of all references cited below: additional information concerning herein is available upon request from permit and associated requirements for the Pacific Islands Fish and Wildlife PART 17Ð[AMENDED] endangered species, see 50 CFR 17.62. Office (see ADDRESSES section). 1. The authority citation for part 17 National Environmental Policy Act Author continues to read as follows: The authors of this final rule are Authority: 16 U.S.C. 1361–1407; 16 U.S.C. We have determined that Karen ‘‘Kitti’’ Jensen and Christa 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Environmental Assessments and Russell, telephone 808–541–3441 or 625, 100 Stat. 3500; unless otherwise noted. Environmental Impact Statements, as facsimile 808–541–3470 (see ADDRESSES 2. Amend section 17.12(h) by adding defined under the authority of the section). National Environmental Policy Act of the following, in alphabetical order under FLOWERING PLANTS, to the List 1969, need not be prepared in List of Subjects in 50 CFR Part 17 of Endangered and Threatened Plants: connection with regulations adopted Endangered and threatened species, pursuant to section 4(a) of the Act. We Exports, Imports, Reporting and § 17.12 Endangered and threatened plants. published a notice outlining our reasons recordkeeping requirements, * * * * * for this determination in the Federal Transportation. (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

Flowering Plants

******* Clermontia samuelii Oha wai ...... U.S.A (HI) ...... CampanulaceaeÐBell- E 666 NA NA flower.

******* Cyanea copelandii Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 666 NA NA ssp. flower. haleakalaensis.

******* Cyanea glabra ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 666 NA NA flower.

******* Cyanea hamatiflora Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 666 NA NA ssp. hamatiflora. flower.

******* Dubautia NaÁenaÁe ...... U.S.A. (HI) ...... AsteraceaeÐSunflower ... E 666 NA NA plantaginea ssp. humilis.

******* Hedyotis Kopa ...... U.S.A. (HI) ...... RubiaceaeÐCoffee ...... E 666 NA NA schlechtendahlia- na var. remyi.

******* Kanaloa None ...... U.S.A. (HI) ...... FabaceaeÐLegume ...... E 666 NA NA kahoolawensis.

******* Labordia tinifolia Kamakahala ...... U.S.A. (HI) ...... LoganiaceaeÐLogan ...... E 666 NA NA var. lanaiensis.

******* Labordia triflora Kamakahala ...... U.S.A. (HI) ...... LoganiaceaeÐLogan ...... E 666 NA NA

******* Melicope munroi .... Alani ...... U.S.A. (HI) ...... E 666 NA NA RutaceaeÐCit- rus.

*******

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Dated: August 24, 1999. implemented under the authority of the allowed to persist, the fishery will John G. Rogers, Magnuson-Stevens Fishery collapse. In addition, the 1999 Conservation and Management Act assessment noted that the SPR estimate Acting Director, Fish and Wildlife Service. (Magnuson-Stevens Act) by regulations is useful to describe the fishing [FR Doc. 99–22969 Filed 9–2–99; 8:45 am] at 50 CFR part 622. mortality rate, but the SPR estimate is BILLING CODE 4310±55±P not a valid proxy for MSY in this fishery Background because it does not provide information Fishing pressure on red porgy on the actual level of spawning biomass DEPARTMENT OF COMMERCE increased substantially from the early that is providing recruitment. 1970’s to the present. In 1992, an The 1999 red porgy assessment National Oceanic and Atmospheric assessment revealed that red porgy were revealed that recruitment of age–1 red Administration overfished with a spawning potential porgy had declined 99.85 percent from ratio (SPR) of 13 percent. Also, in 1992 1973 to 1997 (7.6 million to 0.012 50 CFR Part 622 the Council established a rebuilding million age–1 fish) and that total [Docket No. 990823235±9235±01; I.D. timeframe of 10 years for red porgy. The spawning biomass has declined 97.24 061699F] Council used SPR as a proxy for percent from 1978 to 1997 (11,700 maximum sustainable yield (MSY) and RIN 0648-AM55 metric tons (mt) to 323 mt). The MSST as a criterion to judge whether or not a to achieve an SPR of 30 percent (MSY) Fisheries of the Caribbean, Gulf of stock was overfished. is 2,845 mt; the comparable figure for Mexico, and South Atlantic; Snapper- Amendment 9 to the FMP, which was optimum yield is 3,805 mt. The MFMT Grouper Fishery Off the Southern submitted to NMFS in February 1998 for is 0.45; whereas, the current fishing Atlantic States; Closure of the Red review and implementation, recognized mortality is 0.64, which is 42 percent Porgy Fishery that red porgy were overfished and over the MFMT. In addition, contained management measures to commercial and recreational landings AGENCY: National Marine Fisheries address that issue. Amendment 9 have declined substantially, and the size Service (NMFS), National Oceanic and increased the minimum size limit from of red porgy at maturity and size at Atmospheric Administration (NOAA), 12 to 14 inches (30.5 to 35.6 cm) total transition from females to males have Commerce. length, established a recreational bag occurred at progressively smaller sizes. ACTION: Emergency interim rule; request limit of 5 fish, prohibited harvest and The FMP specifies the overfishing for comments. possession in excess of the bag limit threshold for red porgy at an SPR of 30 during March and April, and prohibited percent. The 1999 assessment estimated SUMMARY: This emergency interim rule purchase and sale during March and the SPR at 24 percent. Thus, overfishing prohibits the harvest and possession of April. Based on the best scientific is occurring. red porgy in or from the exclusive information available at that time, the The 1999 assessment clearly shows economic zone off the southern Atlantic Council believed that the proposed red that the spawning biomass has been states. Closure of the fishery is intended porgy management measures in substantially below the MSST since to protect the red porgy resource, which Amendment 9 would prevent 1992. Concomitant with the depressed is currently overfished. overfishing. level of spawning stock has been a DATES: This rule is effective September Also, in October 1998, based upon the depressed level of recruitment. Given 8, 1999, through March 1, 2000. same information used to develop the seriously overfished condition of the Comments must be received no later Amendment 9, the Council selected a red porgy resource, as well as the than October 4, 1999. 10-year rebuilding timeframe for red original intent of the Council to rebuild porgy in the Comprehensive ADDRESSES: Comments on this this resource by the year 2001, the Amendment Addressing Sustainable emergency interim rule must be mailed Council concluded that it is prudent Fishery Act Definitions and Other to, and copies of documents supporting and necessary under the Magnuson- Required Provisions in Fishery this action, such as NMFS’ economic Stevens Act to close the fishery to Management Plans of the South Atlantic analysis and environmental assessment, rebuild this species. Region. NMFS partially approved the may be obtained from, the Southeast The Council will request NMFS to Comprehensive Amendment on May 19, Regional Office, NMFS, 9721 Executive develop potential management options 1999, and specifically approved the Center Drive N., St. Petersburg, FL for the red porgy fishery in time for the rebuilding schedule for red porgy. September Council meeting. The 33702. Requests for copies of a minority In March 1999, a new red porgy report submitted by a member of the Council intends to develop permanent assessment revealed the condition of the management measures to replace the South Atlantic Fishery Management red porgy resource was substantially Council (Council) should be sent to the emergency interim rule for red porgy at worse than previously thought. the September Council meeting. South Atlantic Fishery Management Specifically, for the first time in the Council, One Southpark Circle, Suite This action will require the discard of management of this fishery, biomass- red porgy that inevitably will be caught 306, Charleston, SC 29407-4699; phone: based estimates for MSY, minimum 843-571-4366; fax: 843-769-4520. incidentally when fishing for other stock size threshold (MSST), maximum snapper-grouper species. Some of these FOR FURTHER INFORMATION CONTACT: fishing mortality threshold (MFMT), discarded fish will not survive. Peter J. Eldridge, 727-570-5305, fax: 727- and estimates of actual recruitment to Nevertheless, the overall reduction in 570-5583. the fishery for the 1973 through 1997 mortality of red porgy is necessary to SUPPLEMENTARY INFORMATION: The period were available. This information return the biomass to levels that will snapper-grouper fishery off the southern revealed that the red porgy resource is allow harvests approximating the MSY Atlantic states is managed under the suffering recruitment failure. for the species. Fishery Management Plan for the Recruitment failure means that the Snapper-Grouper Fishery of the South number of recruits is insufficient to Minority Report Atlantic Region (FMP). The FMP was maintain the spawning biomass of the A Council member submitted a prepared by the Council and is population. If such a condition is minority report that objects to the

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As discussed a moratorium will depend on individual assessment as ‘‘slightly here, the current red porgy stock is in vessel’s trip costs. underestimated.’’ Further, 24–percent danger of experiencing recruitment As the resource has declined, red SPR is only slightly below the FMP’s failure, i.e., the number of red porgy of porgy have not been an important established overfishing level of 30 a size that are subject to harvest may not species for charter vessels, headboats, percent, and the red porgy conservation be sufficient to sustain continued and other recreational fishing vessels. measures in Amendment 9 are projected fishing for them. Continued fishing The headboat sector is the most to raise the SPR level above 30 percent. mortality of red porgy serves to worsen dominant sector in the fishery yet red Second, the minority report asserts: the current status of the stock. Thus, porgy still comprise less than 10 percent (1) That the proposed action does not immediate closure of the fishery has of total annual headboat harvests for all properly consider efficiency in the immediate benefits that outweigh the states combined. Data do not exist to utilization of fishery resources, as value of prior notice, opportunity for estimate the impact of the moratorium required in national standard 5. Since public comment, and deliberative on these vessels, but it appears to be red porgy are part of a mixed species consideration under the normal minor. fishery, fishermen will incur increased rulemaking process. The long-term economic effects of the expenses because they will have to moratorium cannot be estimated move to new areas when red porgy are Period of Effectiveness without additional information about encountered and will have to make This emergency interim rule is the rate at which the red porgy longer, and possibly more distant, trips effective for not more than 180 days, as population would recover. Although the to make up for the foregone catches of authorized by section 305(c) of the economic analysis does not estimate the red porgy and other species from their Magnuson-Stevens Act. It may be long-term economic effects of the accustomed fishing areas. extended for an additional period of not moratorium, NMFS data indicate that (2) That there was a lack of more than 180 days, provided that the the MSY of red porgy, which is the meaningful discussions on economic public has had an opportunity to ultimate goal of the moratorium and concerns during the Council’s comment on it and the Council is future actions to rebuild the resource, is deliberations on the proposed action actively preparing an amendment to in excess of 1,500,000 lb (680,400 kg), and, therefore, the action violates address the emergency on a permanent with potential annual revenues then national standard 8’s requirement to basis. Public comments on this rule and exceeding $1,800,000 (assuming a price take into account the importance of the Council’s actions will be considered of $1.20 per lb ($2.64 per kg), though it fishery resources to fishing in determining whether to extend this is unlikely that current prices could be communities. rule. maintained while more than tripling the (3) That the ban on retention of red market supply). Classification porgy will create bycatch, rather than Copies of the economic evaluation are minimize it, as required in national The Assistant Administrator for available (see ADDRESSES). standard 9. Fisheries, NOAA (AA), has determined Recent NMFS stock assessment (4) That closing the red porgy fishery that this emergency interim rule is information clearly indicates that the will require some fishermen to stay necessary to minimize significant long- red porgy resource is severely longer at sea on trips, often in inclement term adverse biological, social, and overfished and that stock recruitment weather, and possibly require trips economic impacts that would occur (i.e., addition of fish to the red porgy farther off shore, both of which are with continued fishing for red porgy. population) is at a dangerously low contrary to national standard 10’s The AA has also determined that this level. Red porgy are currently being requirement to promote the safety of rule is consistent with the Magnuson- harvested in the snapper-grouper human life at sea. Stevens Act and other applicable laws. fishery, and continued harvest during Finally, the minority report states that This emergency interim rule has been the next several months (late summer - inaccurate statements during Council determined to be not significant for early fall) will worsen the stock deliberations had a substantial effect on purposes of E.O. 12866. condition. Continued fishing during this the outcome of the vote. NMFS prepared an economic time period will fail to reverse Copies of the minority report are evaluation of the regulatory impacts overfishing of red porgy and increase available (see ADDRESSES). associated with this emergency interim the probability of recruitment failure rule, which is summarized as follows. and stock collapse, with resultant severe Criteria for Issuing an Emergency Rule During the period 1993 through 1997, economic impacts on those dependent This emergency interim rule meets annual commercial landings of red on the fishery. Thus, immediate closure NMFS policy guidelines for the use of porgy averaged 326,800 lb (148,236 kg) of the fishery has potential significant emergency rules (62 FR 44421, August with revenues averaging approximately benefits that outweigh the value of prior 21, 1997), because the emergency $397,300. Such landings and revenues notice, opportunity for public comment, situation: results from recent, were approximately 8.2 and 6.3 percent, and deliberative consideration under unforeseen events, or recently respectively, of the total landings and the normal rulemaking process. discovered circumstances; presents a revenues of all species landed on trips Accordingly, under authority set forth at serious management problem; and on which red porgy were landed. An 5 U.S.C. 553(b)(B), the AA finds that realizes immediate benefits from the average of 331 vessels per year reported these reasons constitute good cause to emergency rule that outweigh the value landings of red porgy during this period. waive the requirement to provide prior of prior notice, opportunity for public The predicted total losses to commercial notice and the opportunity for prior comment, and deliberative fishermen would have averaged public comment, as such procedures consideration expected under the approximately $365,300 per year would be contrary to the public interest.

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For these same reasons, under 5 U.S.C. for which a valid Federal commercial or application deadline, on or before 553(d)(3), the AA finds for good cause charter vessel/headboat permit for October 14, 1998, provided they have that a 30-day delay in the effective date South Atlantic snapper-grouper has not violated the permit requirement in of this rule would be contrary to the been issued, harvested from the South the interim. This rule is intended to public interest. However, to allow time Atlantic. The prohibition on sale/ avoid adverse social and economic for vessels at sea to be notified of the purchase during March and April does impacts on the affected individuals. closure of the red porgy fishery and land not apply to gag or black grouper that DATES: This rule is effective September red porgy on board, the effective date of were harvested, landed ashore, and sold 3, 1999 through March 1, 2000. this rule is delayed for 5 days after the prior to March 1 and were held in cold Comments must be received no later date this rule is published. storage by a dealer or processor. This than October 4, 1999. Because prior notice and an prohibition also does not apply to a ADDRESSES: Comments on this opportunity for public comment are not dealer’s purchase or sale of gag or black emergency interim rule must be mailed required to be provided for this rule by grouper harvested from an area other to, and copies of documents supporting 5 U.S.C. 553 or any other law, the than the South Atlantic, provided such this action may be obtained from, the analytical requirements of the fish is accompanied by documentation Southeast Regional Office, NMFS, 9721 Regulatory Flexibility Act, 5 U.S.C. 601 of harvest outside the South Atlantic. Executive Center Drive N., St. et seq., are inapplicable. Such documentation must contain: Petersburg, FL 33702. (i) The information specified in 50 Written comments regarding the List of Subjects in 50 CFR Part 622 CFR part 300 subpart K for marking collection-of-information requirements Fisheries, Fishing, Puerto Rico, containers or packages of fish or wildlife contained in this rule may be submitted Reporting and recordkeeping that are imported, exported, or to Edward E. Burgess, Southeast requirements, Virgin Islands. transported in interstate commerce; Regional Office, NMFS, 9721 Executive (ii) The official number, name, and Center Drive N., St. Petersburg, FL Dated: August 27, 1999. home port of the vessel harvesting the 33702, and to the Office of Information Gary C. Matlock, gag or black grouper; and Regulatory Affairs, Office of Acting Assistant Administrator for Fisheries, (iii) The port and date of offloading Management and Budget (OMB), National Marine Fisheries Service. from the vessel harvesting the gag or Washington, DC 20503 (Attention: For the reasons set out in the black grouper; and NOAA Desk Officer). preamble, 50 CFR part 622 is amended (iv) A statement signed by the dealer FOR FURTHER INFORMATION CONTACT: as follows: attesting that the gag or black grouper Peter J. Eldridge, 727-570-5305. was harvested from an area other than PART 622ÐFISHERIES OF THE SUPPLEMENTARY INFORMATION: The the South Atlantic. CARIBBEAN, GULF, AND SOUTH snapper-grouper fishery off the southern ATLANTIC * * * * * Atlantic states is managed under the [FR Doc. 99–22956 Filed 9–2–99; 8:45 am] Fishery Management Plan for the 1. The authority citation for part 622 BILLING CODE 3510±22±F Snapper-Grouper Fishery of the South continues to read as follows: Atlantic Region (FMP). The FMP was Authority: 16 U.S.C. 1801 et seq. prepared by the South Atlantic Fishery DEPARTMENT OF COMMERCE 2. In § 622.32, paragraph (b)(4)(vii) is Management Council (Council), approved by NMFS, and implemented added to read as follows: National Oceanic and Atmospheric under the authority of the Magnuson- Administration § 622.32 Prohibited and limited-harvest Stevens Fishery Conservation and species. 50 CFR Part 622 Management Act (Magnuson-Stevens * * * * * Act) by regulations at 50 CFR part 622. (b) * * * [Docket No. 990820230±9230±01; I.D. Background (4) * * * 080599B] (vii) Red porgy may not be harvested Amendment 8 to the FMP, approved RIN 0648-AM92 or possessed in or from the South by NMFS on January 28, 1998, and Atlantic EEZ. Red porgy caught in the Fisheries of the Caribbean, Gulf of implemented by final rule (July 16, South Atlantic EEZ must be released Mexico, and South Atlantic; Snapper- 1998; 63 FR 38298), limits access to the immediately with a minimum of harm. Grouper Fishery Off the Southern snapper-grouper fishery. A vessel owner * * * * * Atlantic States; Restricted Reopening who met certain required landings and 3. In § 622.36, paragraph (b)(5) is of Limited Access Permit Application permit histories in the snapper-grouper suspended. Process fishery was eligible for an initial limited 4. In § 622.37, paragraph (e)(3)(iv) is access permit, provided the vessel suspended. AGENCY: National Marine Fisheries owner applied for such a permit by no 5. In § 622.39, paragraph (d)(1)(vi) is Service (NMFS), National Oceanic and later than October 14, 1998. NMFS suspended. Atmospheric Administration (NOAA), notified each vessel owner of NMFS’ 6. In § 622.45, paragraph (d)(5) is Commerce. initial determination of the individual’s suspended and paragraph (d)(7) is ACTION: Emergency interim rule; request eligibility for either a transferable or added to read as follows: for comments. trip-limited limited access permit. Notifications were sent by regular mail § 622.45 Restrictions on sale/purchase. SUMMARY: This emergency interim rule to the owner’s address as shown in * * * * * provides an additional opportunity to NMFS’ permit records. (d) * * * obtain snapper-grouper limited access For various reasons, including (7) During March and April, no permits for those vessel owners who hurricanes Bonnie, Georges, and Mitch, person may sell or purchase a gag or were previously determined by NMFS some permit eligibility notifications black grouper harvested from the South to be eligible for such permits but did were not received and/or were not Atlantic EEZ or, if harvested by a vessel not submit an application by the responded to on or before October 14,

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1998. Approximately 260 vessel owners initially determined by the RA to be lb (453.6 kg) of South Atlantic snapper- who had been determined by NMFS to eligible for a trip-limited permit under grouper are landed by the permitted have met the required landings and Amendment 8 may apply for a trip- vessel, or its replacement, in each of the permit histories in the snapper-grouper limited permit. A trip-limited permit 3 years. If landings in one of these 3 fishery and, thus, were eligible for a issued under this emergency interim years are less than 1,000 lb (453.6 kg), limited access permit, did not apply for rule does not differ from those initially the permit may be renewed only as a a permit by the permit application issued under Amendment 8. trip-limited permit. deadline. Because these owners failed to Each owner to whom this limited The sole basis for determination of submit applications in a timely manner, reopening of the permit application meeting this catch criterion will be the their vessels could not fish in the process applies will be so advised by fishing records, which are required by snapper-grouper fishery as of December the RA by certified mail, which will 50 CFR 622.5(a)(1)(iv)(A) for all 14, 1998. include an application form, not later permitted vessels, that are submitted in After considerable public input, the than 5 days after the date of publication a timely manner. The initial 1-year Council concluded that there were of this document. The notification will period for meeting the catch criterion compelling reasons for a significant be sent to the address in NMFS’ permit will end at the end of the month 12 number of vessel owners to have missed files. An owner who receives such months after the unlimited permit is the permit application deadline. notification must submit an application, issued and similarly for each of the 2 Further, the resultant inability to postmarked or hand-delivered not later succeeding years. continue to fish in the snapper-grouper than October 18, 1999 to the RA. Failure Because of the requirement that an fishery was causing significant to apply in a timely manner will unlimited permit revert to a trip-limited economic hardships and adverse preclude permit issuance. permit when the landings criterion is community impacts. The Council Upon receipt of a complete not met, an initial unlimited permit further concluded that allowing an application submitted in a timely issued under this emergency interim additional period for applications of manner, NMFS will issue an initial rule must have an expiration date that owners who were known to have met limited access permit for the snapper- is more than 12 months from the initial the initial qualifying criteria would be grouper fishery, either unlimited or trip- date of issue. Otherwise, an owner consistent with the goals of its limited limited, as specified in the letter of whose vessel reaches the 1,000–lb access program. The limited access notification, provided the applicant has (453.6–kg) threshold in the 12th month program had not considered that these not been determined by a final will be without a valid permit before a owners might not be able to apply in a administrative decision to have violated renewal permit can be issued. timely manner for compelling reasons. the snapper-grouper permit requirement Accordingly, an initial unlimited permit At its meeting on June 17, 1999, the on or after December 14, 1998. issued under this emergency rule will Council requested that NMFS expire at the end of the month 13 Limitations on Transfers of Unlimited implement by emergency rule a limited months after it is issued. However, the Permits reopening of the application period for 1,000–lb (453.6–kg) landing requirement limited access permits in the snapper- The limited access program for the must be met during the first full 12- grouper fishery. snapper-grouper fishery limits the month period under the permit, and in transfers of both transferable and trip- each succeeding 12-month period, for Limited Reopening of the Application limited permits. Included in those the full 3-year period. After the initial Period transfer limitations is a provision that permit an unlimited permit will be As requested by the Council and allows a new entrant into the non-trip- renewed for a 12-month period. implemented in this emergency interim limited fishery to obtain a permit only For example, if an initial unlimited rule, a vessel owner who was upon obtaining and trading in two permit is issued on January 1, 2000, it determined by NMFS to be eligible for existing transferable permits. As a will be valid through January 31, 2001, an initial limited access permit, but did result, existing transferable permits have but the 1000–lb (453.6–kg) landing not apply in a timely manner, will have significantly increased in value. An requirement must be met January 1, an additional 45-day period to apply. owner who met the catch and permit through December 31, 2000. If the However, an owner who has been history criteria for a transferable limited landing requirement is met, the permit determined by a final administrative access permit, but who did not apply for will be renewed and will be valid decision to have violated the snapper- such permit because he/she no longer January 31, 2001, through January 31, grouper permit requirement on or after desired to participate in the fishery, may 2002, and the landing criterion must be December 14, 1998, is not eligible to be tempted to obtain an unlimited met January 1, 2001, through December apply. An otherwise qualified owner permit under this emergency rule solely 31, 2001. If the landing requirement is who has been charged with such a for the purpose of a windfall profit. This met, the permit will be renewed and violation, but whose case has not been rule is intended to benefit qualified will be valid January 31, 2002, through finally resolved, may apply for a permit, owners who are suffering economic January 31, 2003, and the landing but the issuance will be withheld until losses as a result of their exclusion from requirement must be met January 1, the case has been resolved in the the fishery because of not meeting the 2002, through December 31, 2002. If the applicant’s favor. permit application deadline rather than 1000–lb (453.6–kg) landing requirement Each owner who was initially owners who opted not to participate in is met for all 3 years, the unlimited determined by the Southeast Regional the fishery. To preclude such windfall permit will become a transferable Administrator (RA) to be eligible for a profits, the Council requested that an permit when it is renewed in January transferable permit under Amendment 8 unlimited permit obtained under this 2003. may apply for an unlimited permit. An emergency rule be non-transferable for 3 unlimited permit is similar to the years, except for a transfer to a Criteria for Issuing an Emergency Rule transferable permits initially issued, i.e., replacement vessel owned by the same This emergency interim rule meets it is not subject to a trip limit, but its entity. The permit will become NMFS policy guidelines for the use of transferability is significantly restricted transferable for the purposes of the two- emergency rules (62 FR 44421, August as described here. An owner who was for-one provision only if at least 1,000 21, 1997), because the emergency

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These comment, and deliberative The long-term economic consequences collections of information have been consideration expected under the of this emergency rule are expected to approved by OMB under control normal rulemaking process. When the be very small. The reasoning is that the numbers 0648–0205 and 0648–0016, initial 90-day application period was rule is designed to provide an additional respectively. The public reporting established, the Council did not foresee opportunity for fishermen who burdens for these collections of the extreme circumstances that would originally qualified for a permit, but did information are estimated to average 20 cause some qualified vessel owners to not apply for reasons beyond their minutes and 10 minutes per response, miss the application deadline. The full control. This rule applies only to respectively, including the time for scope of these circumstances became fishermen deemed to qualify originally reviewing instructions, searching known only after the application period and will not provide an additional open existing data sources, gathering and ended. Further, the full scope of the season for entities not previously in the maintaining the data needed, and economic hardships and adverse fishery to enter the fishery. Accordingly, completing and reviewing the community impacts were not known the total number of entities that can collections of information. Send until the Council’s public hearing on engage in the snapper-grouper fishery comments regarding these burden June 16, 1999. These economic will not increase beyond the number estimates, or any other aspect of these hardships and adverse community envisioned by the original action. While data collections, including suggestions impacts constitute serious management the number will not increase, it could for reducing the burdens, to NMFS and problems in the fishery, as the fishery actually decrease because some of the OMB (see ADDRESSES). includes the fishermen as well as the eligible entities that did not renew their If NMFS does not immediately reopen fish stocks themselves. Economic permits originally may not renew them the snapper-grouper permit application hardship will be alleviated for up to 260 this time either. process, approximately 260 vessels, vessel owners as a result of this There are 1,167 qualified holders of whose owners were determined to be emergency interim rule. However, the permits at present. Approximately 260 eligible for an initial limited access rule will not adversely affect the qualified individuals failed to renew commercial permit for snapper-grouper, under the original 90-day window. benefits that were anticipated from the will continue to be denied access to the NMFS cannot determine how many of snapper-grouper fishery because their Council’s limited access program. Thus, these 260 fishermen will reapply. owners, through no fault of their own, the benefits of immediate restricted However, even if all 260 qualified did not submit a permit application by reopening of the application period for individuals apply and receive permits the deadline. It is estimated that the limited access permits are considered to under the 45-day window established total ex-vessel value of landings for the outweigh the value of prior notice, by this emergency interim rule, the 260 vessels is about $90,000 per month. opportunity for public comment, and resulting number of permitted Immediate reopening of the application deliberative consideration under the fishermen would still be less than the process and consequent immediate normal rulemaking process. number originally contemplated by the permit issuance is critical to minimize Period of Effectiveness Council in Amendment 8. In addition, the economic loss qualified vessel it is expected that permitted fishing owners, their crews, and others This emergency interim rule is capability would still be smaller than dependent upon them, have been effective for not more than 180 days, as originally envisioned when the decision experiencing since December 14, 1998. authorized by section 305(c) of the was made to reissue permits only to If reopening of the application process Magnuson-Stevens Act. It may be those fishermen that were currently is delayed to provide prior notice and extended for an additional period of not active in the fishery. This results from opportunity for public comment, they more than 180 days, provided that the the requirement that the 260 fishermen will continue to experience economic public has had an opportunity to can only qualify for non-transferable harm with no apparent benefit. comment on it and the Council is permits, with the limited exception of a Accordingly, under authority set forth at actively preparing an amendment to transfer to another vessel owned by the 5 U.S.C. 553(b)(B), the AA finds good address the emergency on a permanent same entity. An unlimited permit would cause to waive the requirement to basis. Public comments on this rule and become transferable only if the vessel provide prior notice and the the Council’s actions will be considered owner recorded 1,000 lb (453.6 kg) of opportunity for public comment, as in determining whether to extend this landings of South Atlantic snapper- such procedures would be contrary to rule. grouper in each of the next 3 years. If the public interest. Because reopening Classification the landings criterion is not met, the the application and permit issuance permit will revert to a trip-limited process relieves a restriction, under 5 The Assistant Administrator for permit, i.e., a permit under which a U.S.C. 553(d)(1), a 30-day delay in the Fisheries, NOAA (AA), has determined 225–lb (102.1–kg) trip limit applies. effective date is not required. NMFS that this emergency interim rule is Copies of the economic evaluation of will advise the eligible vessel owners, necessary to minimize significant this rule are available (see ADDRESSES). by certified mail, of the reopening of the adverse social and economic impacts on Notwithstanding any other provision permit application process. the affected snapper-grouper vessel of law, no person is required to respond Because prior notice and an owners. The AA has also determined to, nor shall any person be subject to a opportunity for public comment are not that this rule is consistent with the penalty for failure to comply with, a required to be provided for this rule by Magnuson-Stevens Act and other collection of information subject to the 5 U.S.C. 553 or any other law, the applicable laws. requirements of the PRA, unless that analytical requirements of the

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Regulatory Flexibility Act, 5 U.S.C. 601 unlimited or a trip-limited, limited the RD will not issue a permit to an et seq., are inapplicable. access commercial permit for South owner who has been issued a NOVA for Atlantic snapper-grouper. An owner fishing in the snapper-grouper fishery List of Subjects in 50 CFR Part 622 who was advised under paragraph (b) of without a permit on or since December Fisheries, Fishing, Puerto Rico, this section of eligibility for an initial 14, 1998, until such NOVA is dismissed. Reporting and recordkeeping transferable permit will be advised of (5) Transfers of unlimited permits. (i) requirements, Virgin Islands. eligibility for an unlimited permit under An unlimited permit issued under this Dated: August 27, 1999. this paragraph (g). All other owners will paragraph (g) may not be transferred for Gary C. Matlock, be advised of eligibility for a trip- 3 years after it is issued, except that an limited permit under this paragraph (g). Acting Assistant Administrator for Fisheries, owner may request that the RD transfer National Marine Fisheries Service. Each notification will include an the permit to another vessel owned by application for such permit. Addresses For the reasons set out in the the same entity. for such notifications will be based on preamble, 50 CFR part 622 is amended (ii) After the 3-year period, an NMFS’ permit records. A vessel owner as follows: unlimited permit issued under this who believes he/she qualifies for a paragraph (g) will become transferable PART 622ÐFISHERIES OF THE limited access commercial permit for in accordance with the provisions of CARIBBEAN, GULF, AND SOUTH South Atlantic snapper-grouper under paragraph (e)(1) of this section provided ATLANTIC this paragraph (g) and who does not at least 1,000 lb (453.6 kg) of South receive such notification must contact Atlantic snapper-grouper were landed 1. The authority citation for part 622 the RD to verify eligibility status for a by the permitted vessel, or its continues to read as follows: limited access permit. The RD will replacement, in each of the three 12- Authority: 16 U.S.C. 1801 et seq. either provide such a person month periods after it was initially notification of eligibility, including an issued. 2. In § 622.18, the second sentence in application, or advise him/her of the (iii) When the landings of a vessel paragraph (a) is suspended and reasons for ineligibility. with an unlimited permit, or its paragraph (g) is added to read as (3) Applications. (i) An owner of a replacement, are less than 1,000 lb follows: vessel who receives the notification (453.6 kg) of South Atlantic snapper- § 622.18 South Atlantic snapper-grouper specified in paragraph (g)(2) of this grouper in one of these three 12-month limited access. section and who desires a limited access periods, the permit may be renewed commercial permit for South Atlantic * * * * * only as a trip-limited permit. snapper-grouper must submit an (iv) Fishing records submitted in a (g) Revised implementation application for such permit postmarked procedures. A permit issued under this timely manner in accordance with or hand-delivered not later than October § 622.5(a)(1)(iv) and (a)(2) will be the paragraph (g) will be either an unlimited 18, 1999 to the RD. Failure to apply in permit (a permit not subject to a trip sole basis for determination of landings a timely manner will preclude permit of South Atlantic snapper-grouper for limit but with significant limitations on issuance. transferability) or a trip-limited permit. the purposes of meeting the 1,000–lb (ii) An application for an unlimited (453.6–kg) landing criterion. (1) Applicability. (i) The procedures permit when the RD’s certified mail [FR Doc. 99–22954 Filed 9–2–99; 8:45 am] and limitations in this paragraph (g) notification specifies eligibility for a apply to an owner of a vessel for whom trip-limited permit will not be BILLING CODE 3510±22±F the RD’s initial determination under considered. paragraph (d)(1) of this section was that (iii) If an application that is DEPARTMENT OF COMMERCE he/she was eligible for an initial limited postmarked or hand-delivered in a access commercial vessel permit for timely manner is incomplete, the RD National Oceanic and Atmospheric South Atlantic snapper-grouper, but will notify the vessel owner of the Administration who did not apply for such permit in a deficiency. If the owner fails to correct timely manner. the deficiency within 20 days of the 50 CFR Part 679 (ii) The RD’s initial determination of date of the RD’s notification, the eligibility notwithstanding, the [Docket No. 990304062±9062±01; I.D. application will be considered 083099C] procedures in this paragraph (g) do not abandoned. apply to an owner against whom a final (4) Issuance. (i) If a complete Fisheries of the Exclusive Economic administrative decision has been taken application is submitted in a timely Zone Off Alaska; Pollock in Statistical on a Notice of Violation and Assessment manner, the RD will issue an initial Area 620 of the Gulf of Alaska (NOVA) for fishing in the snapper- limited access commercial vessel permit grouper fishery without a permit on or for South Atlantic snapper-grouper. The AGENCY: National Marine Fisheries since December 14, 1998. Such owner type of permit issued, unlimited or trip- Service (NMFS), National Oceanic and may not apply for an initial limited limited, will be as specified in the RD’s Atmospheric Administration (NOAA), access commercial vessel permit for certified mail notification specified in Commerce. South Atlantic snapper-grouper. (See 15 paragraph (g)(2) of this section. ACTION: Inseason adjustment; request for CFR 904.2 for the definition of ‘‘Final (ii) An initial unlimited permit issued comments. administrative decision’’ and 15 CFR under this paragraph (g)(4) will be valid 904.104, 904.271(d), and 904.273(i) for through the end of the month 13 months SUMMARY: NMFS issues an inseason determinations of when final after its issuance, as specified on the adjustment prohibiting directed fishing administrative decisions are effective.) permit. A trip-limited permit issued for pollock in Statistical Area 620 of the (2) Notification. Not later than under this paragraph (g)(4) will be valid Gulf of Alaska (GOA) and extending the September 8, 1999, the RD will renotify, through the date specified on the C fishing season for pollock in by certified mail, each owner to whom permit. Statistical Area 620 until further notice. this paragraph (g) applies of NMFS’ (iii) The provisions of paragraph This adjustment is necessary to manage determination of eligibility for either an (g)(4)(i) of this section notwithstanding, the C seasonal allowance of the pollock

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00087 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.117 pfrm03 PsN: 03SER1 48330 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations total allowable catch (TAC), given the does not exceed 30 percent of the DEPARTMENT OF COMMERCE existence of excessive harvesting annual TAC. capacity. While the potential catching capacity National Oceanic and Atmospheric Administration DATES: Directed fishing for pollock in for vessels delivering pollock for processing by the inshore component is Statistical Area 620 will be closed at 50 CFR Part 679 1200 hrs, A.l.t., September 2, 1999. large enough to limit the first opening Comments must be received at the during the C fishing season to 24 hours, [Docket No. 990304063±9063±01; I.D. following address no later than 4:30 that limitation may reduce interest in 083199A] p.m., A.l.t., September 15, 1999. participating in the fishery. If the catch during the C fishing season is very Fisheries of the Exclusive Economic ADDRESSES: Comments may be mailed to limited, the potential exists for a Zone Off Alaska; Species in the Rock Sue Salveson, Assistant Regional substantial amount of the C seasonal Sole/Flathead Sole/``Other Flatfish'' Administrator, Sustainable Fisheries allowance of the pollock TAC not to be Fishery Category by Vessels Using Division, Alaska Region, NMFS, P.O. caught and to be eligible for harvest Trawl Gear in Bering Sea and Aleutian Box 21668, Juneau, AK 99802–1668, during the D fishing season. Therefore, Islands Management Area Attn: Lori Gravel. Hand delivery or in accordance with § 679.25(a)(1)(i) and courier delivery of comments may be AGENCY: National Marine Fisheries (a)(2)(i)(C), NMFS is extending the C sent to the Federal Building, 709 West Service (NMFS), National Oceanic and fishing season to prevent the 9th Street, Room 453, Juneau, AK Atmospheric Administration (NOAA), underharvest of that seasonal allowance 99801. Commerce. of the pollock TAC until NMFS has ACTION: Closure. FOR FURTHER INFORMATION CONTACT: determined the C seasonal allowance Andrew Smoker, 907–586–7228. has been harvested or October 1, 1999, SUMMARY: NMFS is closing directed SUPPLEMENTARY INFORMATION: NMFS whichever occurs first. fishing for species in the rock sole/ manages the groundfish fishery in the In accordance with § 679.25(a)(2)(iii), flathead sole/‘‘other flatfish’’ fishery GOA exclusive economic zone NMFS has determined that prohibiting category by vessels using trawl gear in according to the Fishery Management directed fishing at 1200 hrs, A.l.t., the Bering Sea and Aleutian Islands Plan for Groundfish of the Gulf of September 2, 1999, after a 24-hour management area (BSAI). This action is Alaska (FMP) prepared by the North opening, and extending the C fishing necessary to prevent exceeding the 1999 Pacific Fishery Management Council season is the least restrictive Pacific halibut bycatch allowance under authority of the Magnuson- management adjustment to achieve the specified for the trawl rock sole/flathead Stevens Fishery Conservation and C seasonal allowance of the pollock sole/‘‘other flatfish’’ fishery category. Management Act. Regulations governing TAC and will allow other fisheries to DATES: Effective 1200 hrs, Alaska local fishing by U.S. vessels in accordance continue in noncritical areas and time time (A.l.t.), August 31, 1999, until 2400 with the FMP appear at subpart H of 50 periods. Pursuant to § 679.25(b)(2), hrs, A.l.t., December 31, 1999. CFR part 600 and 50 CFR part 679. NMFS has considered data regarding FOR FURTHER INFORMATION CONTACT: As of August 21, 1999, 8,900 metric catch per unit of effort and rate of Mary Furuness, 907–586-7228. tons (mt) of pollock remain in the C harvest in making this adjustment. SUPPLEMENTARY INFORMATION: NMFS seasonal allowance of the pollock TAC Classification manages the groundfish fishery in the in Statistical Area 620 of the GOA. That BSAI exclusive economic zone amount will be available for harvest at The Assistant Administrator for according to the Fishery Management 1200 hrs, A.l.t., September 1, 1999. The Fisheries, NOAA, finds for Plan for the Groundfish Fishery of the emergency interim rule (EIR) good cause that providing prior notice Bering Sea and Aleutian Islands Area establishing Steller sea lion protection and public comment or (FMP) prepared by the North Pacific measures for pollock off Alaska (64 FR delaying the effective date of this Fishery Management Council under 3437, January 22, 1999, and extended at action is impracticable and contrary to authority of the Magnuson-Stevens 64 FR 39087, July 21, 1999) defines the the public interest. Without this Fishery Conservation and Management C fishing season for pollock in inseason adjustment, NMFS could not Act. Regulations governing fishing by Statistical Area 620 of the GOA as allow this fishery, and the C seasonal U.S. vessels in accordance with the FMP starting from 1200 hrs, A.l.t., September allowance of the pollock TAC in appear at subpart H of 50 CFR part 600 1, 1999, until the directed fishery is Statistical Area 620 of the GOA would and 50 CFR part 679. closed or 1200 hrs, A.l.t. October 1, not be harvested in accordance with the The Final 1999 Harvest Specifications 1999, whichever comes first. The D regulatory schedule, resulting in a of Groundfish (64 FR 12103, March 11, fishing season is to begin 5 days after seasonal loss of more than $1.0 million. 1999) established the halibut bycatch the closure of the C fishing season in Under § 679.25(c)(2), interested persons mortality allowance for the BSAI trawl Statistical Area 620. are invited to submit written comments rock sole/flathead sole/‘‘other flatfish’’ NMFS also is extending the C fishing on this action to the above address until fishery category, which is defined at season by inseason adjustment to delay September 15, 1999. § 679.21(e)(3)(iv)(B)(2), as 755 metric the start of the D fishing season until the This action is required by §§ 679.20 tons. agency has determined whether and 679.25 and is exempt from review In accordance with § 679.21(e)(7)(v), sufficient amounts of the C season under E.O. 12866. the Administrator, Alaska Region, allowance remains unharvested to allow Authority: 16 U.S.C. 1801 et seq. NMFS (Regional Administrator), has another opening prior to the harvest of determined that the 1999 halibut the pollock authorized for the D season. Dated: August 30, 1999. bycatch allowance specified for the In accordance with Bruce C. Morehead, trawl rock sole/flathead sole/‘‘other § 679.20(a)(5)(ii)(C), underages from the Acting Director, Office of Sustainable flatfish’’ fishery in the BSAI has been C fishing season also may be applied to Fisheries, National Marine Fisheries Service. caught. Consequently, the Regional the D fishing season, provided that the [FR Doc. 99–23084 Filed 8–31–99; 5:00 pm] Administrator is closing directed fishing revised D fishing seasonal allowance BILLING CODE 3510±22±F for species in the rock sole/flathead

VerDate 18-JUN-99 05:12 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 E:\FR\FM\A03SE0.118 pfrm03 PsN: 03SER1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48331 sole/‘‘other flatfish’’ fishery category by catch (TAC), given the existence of that the seasonal allowance not be vessels using trawl gear in the BSAI. excessive harvesting capacity. exceeded and, therefore, will not allow Maximum retainable bycatch amounts DATES: Directed fishing for pollock in a 24–hour directed fishery. may be found in the regulations at Statistical Area 610 will be closed at NMFS, in accordance with § 679.20(e) and (f). 1800 hrs, A.l.t., September 1, 1999. § 679.25(a)(1)(i), is adjusting the C This action responds to the best Comments must be received at the fishing season for pollock in Statistical available information recently obtained following address no later than 4:30 Area 610 of the GOA by closing the from the fishery. It must be p.m., A.l.t., September 15, 1999. fishery at 1800 hrs, A.l.t., September 1, implemented immediately to prevent ADDRESSES: Comments may be mailed to 1999, at which time directed fishing for exceeding the 1999 halibut bycatch Sue Salveson, Assistant Regional pollock will be prohibited. This action allowance specified for the trawl rock Administrator, Sustainable Fisheries has the effect of opening the fishery for sole/flathead sole/‘‘other flatfish’’ Division, Alaska Region, NMFS, P.O. 6 hours. NMFS is taking this action to fishery category. Providing prior notice Box 21668, Juneau, AK 99802–1668, allow a controlled fishery to occur, and an opportunity for public comment Attn: Lori Gravel. Hand delivery or thereby preventing the overharvest of on this action is impracticable and courier delivery of comments may be the C seasonal allowance of the pollock contrary to the public interest. The fleet sent to the Federal Building, 709 West TAC designated in accordance with the will soon take the allowance. Further 9th Street, Room 453, Juneau, AK EIR establishing Steller sea lion delay would result in the 1999 halibut 99801. protection measures for pollock off Alaska. bycatch allowance being exceeded. FOR FURTHER INFORMATION CONTACT: NMFS also is extending the C fishing NMFS finds for good cause that the Andrew Smoker, 907–586–7228. implementation of this action cannot be season by inseason adjustment to delay SUPPLEMENTARY INFORMATION: NMFS delayed for 30 days. Accordingly, under the start of the D fishing season until the manages the groundfish fishery in the U.S.C. 553(d), a delay in the effective agency has determined whether GOA exclusive economic zone date is hereby waived. sufficient amounts of the C season according to the Fishery Management allowance remains unharvested to allow Classification Plan for Groundfish of the Gulf of another opening within the C fishing This action is required by 50 CFR Alaska (FMP) prepared by the North season prior to the harvest of the 679.21 and is exempt from review under Pacific Fishery Management Council pollock authorized for the D season. In E.O. 12866. under authority of the Magnuson- accordance with § 679.20(a)(5)(ii)(C), Stevens Fishery Conservation and Authority: 16 U.S.C. 1801 et seq. underages from the C fishing season also Management Act. Regulations governing may be applied to the D fishing season, Dated: August 31, 1999. fishing by U.S. vessels in accordance provided that the revised D fishing George H. Darcy, with the FMP appear at subpart H of 50 seasonal allowance does not exceed 30 Acting Director, Office of Sustainable CFR part 600 and 50 CFR part 679. percent of the annual TAC. Fisheries, National Marine Fisheries Service. As of August 21, 1999, 4,700 metric While the potential catching capacity [FR Doc. 99–23088 Filed 8–31–99; 4:36 pm] tons (mt) of pollock remained in the C for vessels delivering pollock for BILLING CODE 3510±22±F seasonal allowance of the pollock TAC processing by the inshore component is in Statistical Area 610 of the GOA. That large enough to limit the first opening amount will be available for harvest at during the C fishing season to 6 hours, DEPARTMENT OF COMMERCE 1200 hrs, A.l.t., September 1, 1999. The that limitation may reduce interest in emergency interim rule (EIR) participating in the fishery. If the catch National Oceanic and Atmospheric establishing Steller sea lion protection during the C fishing season is very Administration measures for pollock off Alaska (64 FR limited, the potential exists for a 3437, January 22, 1999, and extended at 50 CFR Part 679 substantial amount of the C seasonal 64 FR 39087, July 21, 1999) defines the allowance of the pollock TAC not to be [Docket No. 990304062±9062±01; I.D. C fishing season for pollock in caught and to be eligible for harvest 083099B] Statistical Area 610 of the GOA as during the D fishing season. Therefore, starting from 1200 hrs, A.l.t., September in accordance with § 679.25(a)(1)(i) and Fisheries of the Exclusive Economic 1, 1999, until the directed fishery is (a)(2)(i)(C), NMFS is extending the C Zone Off Alaska; Pollock in Statistical closed or 1200 hrs, A.l.t. October 1, fishing season to prevent the Area 610 of the Gulf of Alaska 1999, whichever comes first. The D underharvest of that seasonal allowance AGENCY: National Marine Fisheries fishing season is to begin 5 days after of the pollock TAC until NMFS has Service (NMFS), National Oceanic and the closure of the C fishing season in determined the C seasonal allowance Atmospheric Administration (NOAA), Statistical Area 610. has been harvested, or October 1, 1999, Commerce. Section 679.23(b) specifies that the whichever occurs first. ACTION: Inseason adjustment; request for time of all openings and closures of In accordance with § 679.25(a)(2)(iii), comments. fishing seasons other than the beginning NMFS has determined that prohibiting and end of the calendar fishing year is directed fishing at 1800 hrs, A.l.t., SUMMARY: NMFS issues an inseason 1200 hrs, A.l.t. A fishery opening, September 1, 1999, after a 6-hour adjustment prohibiting directed fishing therefore, must be a minimum of 24 opening, and extending the C fishing for pollock in Statistical Area 610 of the hours. Current information shows the season, is the least restrictive Gulf of Alaska (GOA) 6 hours after its catching capacity of vessels catching management adjustment to achieve the scheduled opening at 1200 hrs, Alaska pollock for processing by the inshore C seasonal allowance of the pollock local time (A.l.t.), September 1, 1999, component is in excess of 9,600 mt per TAC and will allow other fisheries to and extending the C fishing season for day. The Administrator, Alaska Region, continue in noncritical areas and time pollock in Statistical Area 610 until NMFS, has determined that the C periods. Pursuant to § 679.25(b)(2), further notice. This adjustment is seasonal allowance of the pollock TAC NMFS has considered data regarding necessary to manage the C seasonal could be exceeded if a 24–hour fishery catch per unit of effort and rate of allowance of the pollock total allowable were allowed to occur. NMFS intends harvest in making this adjustment.

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Classification 1200 hrs, A.l.t., September 2, 1999. processing by the inshore component is The Assistant Administrator for Comments must be received at the large enough to limit the first opening Fisheries, NOAA, finds for good cause following address no later than 4:30 during the C fishing season to 24 hours, that providing prior notice and public p.m., A.l.t., September 15, 1999. that limitation may reduce interest in comment or delaying the effective date ADDRESSES: Comments may be mailed to participating in the fishery. If the catch of this action is impracticable and Sue Salveson, Assistant Regional during the C fishing season is very contrary to the public interest. Without Administrator, Sustainable Fisheries limited, the potential exists for a this inseason adjustment, NMFS could Division, Alaska Region, NMFS, P.O. substantial amount of the C seasonal not allow this fishery, and the C Box 21668, Juneau, AK 99802–1668, allowance of the pollock TAC not to be seasonal allowance of the pollock TAC Attn: Lori Gravel. Hand delivery or caught and to be eligible for harvest in Statistical Area 610 of the GOA courier delivery of comments may be during the D fishing season. Therefore, would not be harvested in accordance sent to the Federal Building, 709 West in accordance with § 679.25(a)(1)(i) and with the regulatory schedule, resulting 9th Street, Room 453, Juneau, AK (a)(2)(i)(C), NMFS is extending the C in a seasonal loss of more than $1.0 99801. fishing season to prevent the million. Under § 679.25(c)(2), interested FOR FURTHER INFORMATION CONTACT: underharvest of that seasonal allowance persons are invited to submit written Andrew Smoker, 907–586–7228. of the pollock TAC until NMFS has comments on this action to the above SUPPLEMENTARY INFORMATION: NMFS determined the C seasonal allowance address until September 15, 1999. manages the groundfish fishery in the has been harvested or October 1, 1999, This action is required by §§ 679.20 GOA exclusive economic zone whichever occurs first. and 679.25 and is exempt from review according to the Fishery Management In accordance with § 679.25(a)(2)(iii), under E.O. 12866. Plan for Groundfish of the Gulf of NMFS has determined that prohibiting Alaska (FMP), prepared by the North Authority: 16 U.S.C. 1801 et seq. directed fishing at 1200 hrs, A.l.t., Pacific Fishery Management Council September 2, 1999, after a 24-hour Dated: August 30, 1999. under authority of the Magnuson- opening, and extending the C fishing Bruce C. Morehead, Stevens Fishery Conservation and season is the least restrictive Acting Director, Office of Sustainable Management Act. Regulations governing management adjustment to achieve the Fisheries, National Marine Fisheries Service. fishing by U.S. vessels in accordance C seasonal allowance of the pollock [FR Doc. 99–23085 Filed 8–31–99; 4:41 pm] with the FMP appear at subpart H of 50 TAC and will allow other fisheries to BILLING CODE 3510±22±F CFR part 600 and 50 CFR part 679. continue in noncritical areas and time As of August 21, 1999, 7,400 metric periods. Pursuant to § 679.25(b)(2), tons (mt) of pollock remain in the C NMFS has considered data regarding DEPARTMENT OF COMMERCE seasonal allowance of the pollock TAC catch per unit of effort and rate of in Statistical Area 630 of the GOA. That harvest in making this adjustment. National Oceanic and Atmospheric amount will be available for harvest at Administration 1200 hrs, A.l.t., September 1, 1999. The Classification emergency interim rule establishing The Assistant Administrator for 50 CFR Part 679 Steller sea lion protection measures for Fisheries, NOAA, finds for good cause pollock off Alaska (64 FR 3437, January [Docket No. 990304063±9063±01; I.D. that providing prior notice and public 22, 1999, and extended at 64 FR 39087, 083099D] comment or delaying the effective date July 21, 1999) defines the C fishing of this action is impracticable and Fisheries of the Exclusive Economic season for pollock in Statistical Area Zone Off Alaska; Pollock in Statistical 630 of the GOA as starting from 1200 contrary to the public interest. Without Area 630 of the Gulf of Alaska hrs, A.l.t., September 1, 1999, until the this inseason adjustment, NMFS could directed fishery is closed or 1200 hrs, not allow this fishery, and the C AGENCY: National Marine Fisheries A.l.t. October 1, 1999, whichever comes seasonal allowance of the pollock TAC Service (NMFS), National Oceanic and first. The D fishing season is to begin 5 in Statistical Area 630 of the GOA Atmospheric Administration (NOAA), days after the closure of the C fishing would not be harvested in accordance Commerce. season in Statistical Area 630. with the regulatory schedule, resulting ACTION: Inseason adjustment; request for NMFS also is extending the C fishing in a seasonal loss of more than $1.0 comments. season by inseason adjustment to delay million. Under § 679.25(c)(2), interested the start of the D fishing season until the persons are invited to submit written SUMMARY: NMFS issues an inseason agency has determined whether comments on this action to the above adjustment prohibiting directed fishing sufficient amounts of the C season address until September 15, 1999. for pollock in Statistical Area 630 of the allowance remains unharvested to allow This action is required by §§ 679.20 Gulf of Alaska (GOA) and extending the another opening prior to the harvest of and 679.25 and is exempt from review C fishing season for pollock in the pollock authorized for the D season. under E.O. 12866. Statistical Area 630 until further notice. In accordance with § 679.20(a)(5)(ii)(C), Authority: 16 U.S.C. 1801 et seq. This adjustment is necessary to manage underages from the C fishing season also the C seasonal allowance of the pollock may be applied to the D fishing season, Dated: August 30, 1999. total allowable catch (TAC), given the provided that the revised D fishing Bruce C. Morehead, existence of excessive harvesting seasonal allowance does not exceed 30 Acting Director, Office of Sustainable capacity. percent of the annual TAC. Fisheries National Marine Fisheries Service. DATES: Directed fishing for pollock in While the potential catching capacity [FR Doc. 99–23086 Filed 8–31–99; 4:41 pm] Statistical Area 630 will be closed at for vessels delivering pollock for BILLING CODE 3510±22±F

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Proposed Rules Federal Register Vol. 64, No. 171

Friday, September 3, 1999

This section of the FEDERAL REGISTER and dispose of them, thus reducing the DEPARTMENT OF TRANSPORTATION contains notices to the public of the proposed potential for unnecessary radiation issuance of rules and regulations. The exposure to the public, or Federal Aviation Administration purpose of these notices is to give interested contamination of property. A copy of persons an opportunity to participate in the 14 CFR Part 39 rule making prior to the adoption of the final the proposed rule is available at http:/ rules. /ruleforum.llnl.gov/cgi-bin/rulemake [Docket No. 98±NM±335±AD] under the title ‘‘Proposed Rulemaking— RIN 2120±AA64 Requirements for Certain Generally NUCLEAR REGULATORY Licensed Industrial Devices Containing Airworthiness Directives; Bombardier COMMISSION Byproduct Material.’’ Model DHC±8±101, ±102, ±103, ±106, ±201, ±202, ±301, ±311, and ±315 Series 10 CFR Part 31 The objective of the public meeting on October 1 is to gather information on Airplanes Public Meeting on Implementation implementation issues related to the AGENCY: Federal Aviation Issues Related to the Proposed Rule proposed rule on generally licensed Administration, DOT. on Generally Licensed Devices devices. In this facilitated meeting, the ACTION: Notice of proposed rulemaking NRC proposed rule will be described, AGENCY: U.S. Nuclear Regulatory (NPRM). and a series of implementation issues Commission. will be initially addressed by a panel of SUMMARY: This document proposes the ACTION: Notice of public meeting. device vendors. The panel will be adoption of a new airworthiness directive (AD) that is applicable to all SUMMARY: The U.S. Nuclear Regulatory comprised of representatives of various Bombardier Model DHC–8–101, –102, Commission (NRC) will conduct a vendor categories, reflecting a broad –103, –106, –201, –202, –301, –311, and public meeting to discuss issues related spectrum of interests. After a facilitated –315 series airplanes. This proposal to the control and accountability of discussion by the vendor panel on an would require repetitive detailed visual generally licensed devices. This will agenda item, the facilitator will open the inspections and high frequency eddy include discussion of implementation discussion of that issue to the audience. current inspections to detect cracking of issues related to the proposed rule (64 It is expected that the audience will the wing upper skin and ladder plates FR 40295; July 26, 1999), which would include people with interests which at over wing access panels between establish additional requirements for may be affected by the rule; for example: certain stations; and repair, if necessary. general licensees under 10 CFR 31.5, users of devices, other industries, This proposal is prompted by issuance and for vendors of devices used by these Agreement States, citizen groups, and of mandatory continuing airworthiness licensees. the public. The panel of vendors will be information by a foreign civil DATES: The meeting will be held on used to focus the discussion on a airworthiness authority. The actions October 1, 1999, from 8:00 a.m. to 5:00 particular agenda item as a foundation specified by the proposed AD are p.m. Written comments on the proposed for further discussion by the audience. intended to detect and correct fatigue rule should be submitted by October 12, The meeting commentary will be cracking of the wing ladder plates, 1999. transcribed and made available to which, if not corrected, could reduce ADDRESSES: The meeting will be held at meeting participants and the public. the structural integrity of the wing. NRC Headquarters, Two White Flint Dated at Rockville, Maryland, this 30th day DATES: Comments must be received by North Auditorium, 11545 Rockville of August 1999. October 4, 1999. Pike, Rockville, Maryland 20852. ADDRESSES: Submit comments in Written comments on the proposed rule For the Nuclear Regulatory Commission. John W. Hickey, triplicate to the Federal Aviation may be submitted to the Secretary, U.S. Administration (FAA), Transport Nuclear Regulatory Commission, Chief, Materials Safety and Inspection Airplane Directorate, ANM–114, Branch, Division of Industrial and Medical Washington D.C. 20555–0001, Attn: Attention: Rules Docket No. 98–NM– Rulemakings and Adjudications Staff. Nuclear Safety, Office of Nuclear Materials Safety and Safeguards. 335–AD, 1601 Lind Avenue, SW., FOR FURTHER INFORMATION CONTACT: Renton, Washington 98055–4056. [FR Doc. 99–23076 Filed 9–2–99; 8:45 am] Francis X. Cameron (301) 415–1642, or Comments may be inspected at this Susanne Woods (301) 415–7267, U.S. BILLING CODE 7590±01±P location between 9:00 a.m. and 3:00 Nuclear Regulatory Commission, p.m., Monday through Friday, except Washington D.C. 20555. Federal holidays. SUPPLEMENTARY INFORMATION: NRC is in The service information referenced in the process of developing additional the proposed rule may be obtained from requirements for users and distributors Bombardier, Inc., Bombardier Regional of radioactive material in certain Aircraft Division, Garratt Boulevard, generally licensed measuring, gauging, Downsview, Ontario M3K 1Y5, Canada. and controlling devices. The planned This information may be examined at amendments would establish a the FAA, Transport Airplane registration program, and are intended Directorate, 1601 Lind Avenue, SW., to provide greater assurance that users Renton, Washington; or at the FAA, of these devices will properly handle Engine and Propeller Directorate, New

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York Aircraft Certification Office, 10 DHC–8 series airplanes. This cracking States under the provisions of section Fifth Street, Third Floor, Valley Stream, has been attributed to repeated fatigue 21.29 of the Federal Aviation New York. load cycles. This condition, if not Regulations (14 CFR 21.29) and the FOR FURTHER INFORMATION CONTACT: corrected, could result in reduced applicable bilateral airworthiness Franco Pieri, Aerospace Engineer, structural integrity of the wing. agreement. Pursuant to this bilateral airworthiness agreement, the TCCA has Airframe and Propulsion Branch, ANE– Explanation of Relevant Service kept the FAA informed of the situation 171, FAA, Engine and Propeller Information Directorate, New York Aircraft described above. The FAA has Certification Office, 10 Fifth Street, Bombardier has issued de Havilland examined the findings of the TCCA, Third Floor, Valley Stream, New York Temporary Revision TR MTC–15, dated reviewed all available information, and 11581; telephone (516) 256–7526; fax September 18, 1998, of the de Havilland determined that AD action is necessary (516) 568–2716. Maintenance Program Manual PSM 1– for products of this type design that are 8–7 (for Model DHC–8–100 series SUPPLEMENTARY INFORMATION: certificated for operation in the United airplanes); de Havilland Temporary States. Comments Invited Revision TR MTC 2–14, dated Explanation of Requirements of Interested persons are invited to September 18, 1998, of the de Havilland Proposed Rule participate in the making of the Maintenance Program Manual PSM 1– proposed rule by submitting such 82–7 TC (for Model DHC–8–200 series Since an unsafe condition has been written data, views, or arguments as airplanes); and de Havilland Temporary identified that is likely to exist or they may desire. Communications shall Revision TR MTC 3–14, dated develop on other airplanes of the same identify the Rules Docket number and September 18, 1998, of the de Havilland type design registered in the United be submitted in triplicate to the address Maintenance Program Manual PSM 1– States, the proposed AD would require specified above. All communications 83–7 TC (for Model DHC–8–300 series accomplishment of the actions specified received on or before the closing date airplanes). These temporary revisions in the temporary revisions described for comments, specified above, will be describe procedures for repetitive previously, except as discussed below. considered before taking action on the detailed visual inspections and high frequency eddy current (HFEC) Differences Between Proposed Rule and proposed rule. The proposals contained Service Information in this notice may be changed in light inspections to detect cracking of the of the comments received. wing upper skin and ladder plates at Operators should note that, although Comments are specifically invited on over wing access panels between station the Canadian airworthiness directive the overall regulatory, economic, YW42.00 and YW171.20. and the temporary revisions specify that environmental, and energy aspects of Bombardier also has issued de the manufacturer may be contacted for the proposed rule. All comments Havilland Airworthiness Limitations disposition of certain repair conditions, submitted will be available, both before List Temporary Revision TR AWL–59, this proposal would require the repair of and after the closing date for comments, dated September 10, 1998, of the de those conditions to be accomplished in in the Rules Docket for examination by Havilland Maintenance Program Manual accordance with a method approved by interested persons. A report PSM 1–8–7 (for Model DHC–8–100 the FAA, or the TCCA (or its delegated summarizing each FAA-public contact series airplanes); de Havilland agent). In light of the type of repair that concerned with the substance of this Airworthiness Limitations List would be required to address the proposal will be filed in the Rules Temporary Revision TR AWL2–11, identified unsafe condition, and in Docket. dated September 10, 1998, of de consonance with existing bilateral Commenters wishing the FAA to Havilland Maintenance Program Manual airworthiness agreements, the FAA has acknowledge receipt of their comments PSM 1–82–7 (for Model DHC–8–200 determined that, for this proposed AD, submitted in response to this notice series airplanes); and de Havilland a repair approved by either the FAA or must submit a self-addressed, stamped Airworthiness Limitations List the TCCA would be acceptable for postcard on which the following Temporary Revision TR AWL3–64, compliance with this proposed AD. statement is made: ‘‘Comments to dated September 10, 1998, of de Operators also should note that, Docket Number 98–NM–335–AD.’’ The Havilland Maintenance Program Manual although the Canadian airworthiness postcard will be date stamped and PSM 1–83–7 (for Model DHC–8–300 directive affects Bombardier Model returned to the commenter. series airplanes). These temporary DHC–8–314 series airplanes, revisions describe the compliance times Bombardier Model DHC–8–314 series Availability of NPRMs associated with the repetitive detailed airplanes are not type certificated in the Any person may obtain a copy of this visual inspections and HFEC United States. Therefore, the proposed NPRM by submitting a request to the inspections described previously. AD does not affect those airplanes. FAA, Transport Airplane Directorate, Accomplishment of the actions ANM–114, Attention: Rules Docket No. specified in the temporary revisions is Cost Impact 98–NM–335–AD, 1601 Lind Avenue, intended to adequately address the The FAA estimates that 166 airplanes SW., Renton, Washington 98055–4056. identified unsafe condition. The TCCA of U.S. registry would be affected by this classified these temporary revisions as proposed AD, that it would take Discussion mandatory and issued Canadian approximately 40 work hours per The Transport Canada Civil Aviation airworthiness directive CF–98–30, dated airplane to accomplish the proposed (TCCA), which is the airworthiness August 31, 1998, in order to assure the inspections, and that the average labor authority for Canada, notified the FAA continued airworthiness of these rate is $60 per work hour. Based on that an unsafe condition may exist on airplanes in Canada. these figures, the cost impact of the all Bombardier Model DHC–8–101, proposed AD on U.S. operators is –102, –103, –106, –201, –202, –301, FAA’s Conclusions estimated to be $398,400, or $2,400 per –311, and –315 series airplanes. The These airplane models are airplane, per inspection cycle. TCCA advises that fatigue cracking of manufactured in Canada and are type The cost impact figure discussed the wing ladder plate has been found on certificated for operation in the United above is based on assumptions that no

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For listed in paragraph (b)(1) or (b)(2) of this AD, accomplish those actions in the future if airplanes that have been modified, altered, or perform a detailed visual inspection of the this AD were not adopted. repaired so that the performance of the skin and an HFEC inspection to detect requirements of this AD is affected, the cracking of the ladder plates at over wing Regulatory Impact owner/operator must request approval for an access panels between station YW42.00 and alternative method of compliance in YW171.20, in accordance with de Havilland The regulations proposed herein accordance with paragraph (d) of this AD. Temporary Revision TR MTC 2–14, dated would not have substantial direct effects The request should include an assessment of September 18, 1998, of the de Havilland on the States, on the relationship the effect of the modification, alteration, or Maintenance Program Manual PSM 1–82–7. between the national government and repair on the unsafe condition addressed by Repeat the inspections thereafter at intervals the States, or on the distribution of this AD; and, if the unsafe condition has not not to exceed 10,000 flight cycles. power and responsibilities among the been eliminated, the request should include (1) For airplanes that have accumulated various levels of government. Therefore, specific proposed actions to address it. 5,000 or fewer total flight cycles as of the in accordance with Executive Order Compliance: Required as indicated, unless effective date of this AD, accomplish the accomplished previously. inspection prior to the accumulation of 12612, it is determined that this 10,000 total flight cycles. proposal would not have sufficient To detect and correct fatigue cracking (2) For airplanes that have accumulated federalism implications to warrant the of the wing ladder plates, which if not more than 5,000 total flight cycles, but fewer preparation of a Federalism Assessment. corrected, could reduce the structural than 38,501 total flight cycles as of the For the reasons discussed above, I integrity of the wing, accomplish the effective date of this AD, accomplish the certify that this proposed regulation (1) following: inspection prior to the accumulation of is not a ‘‘significant regulatory action’’ [5,522 + (0.8955 x N Accumulated)] total Inspection for DHC–8–100 and –300 Series cycles, where ‘‘N Accumulated’’ is defined as under Executive Order 12866; (2) is not Airplanes a ‘‘significant rule’’ under the DOT the total number of flight cycles as of the effective date of this AD. Regulatory Policies and Procedures (44 (a) At the applicable compliance time listed in paragraph (a)(1), (a)(2), or (a)(3) of Repair FR 11034, February 26, 1979); and (3) if this AD, perform a detailed visual inspection promulgated, will not have a significant to detect cracking of the skin and a high (c) If any crack is detected during any economic impact, positive or negative, frequency eddy current (HFEC) inspection of inspection required by this AD, prior to on a substantial number of small entities the ladder plates at over wing access panels further flight, repair in accordance with a under the criteria of the Regulatory between station YW42.00 and YW171.20, in method approved by the Manager, New York Flexibility Act. A copy of the draft accordance with de Havilland Temporary Aircraft Certification Office (ACO), FAA, Engine and Propeller Directorate; or the Revision TR MTC–15, dated September 18, regulatory evaluation prepared for this Transport Canada Civil Aviation (TCCA) (or 1998, of the de Havilland Maintenance action is contained in the Rules Docket. its delegated agent). For a repair method to Program Manual PSM–1–8–7 TC (for Model A copy of it may be obtained by be approved by the Manager, New York ACO, DHC–8–100 series airplanes); or de Havilland contacting the Rules Docket at the as required by this paragraph, the Manager’s Temporary Revision TR MTC 3–14, dated location provided under the caption approval letter must specifically reference September 18, 1998, of the de Havilland this AD. ADDRESSES. Maintenance Program Manual PSM 1–83–7 List of Subjects in 14 CFR Part 39 (for Model DHC–8–300 series airplanes); as Alternative Methods of Compliance applicable. Repeat the inspections thereafter (d) An alternative method of compliance or Air transportation, Aircraft, Aviation at intervals not to exceed 10,000 flight cycles. adjustment of the compliance time that safety, Safety. (1) For airplanes that have accumulated provides an acceptable level of safety may be 5,000 or fewer total flight cycles as of the The Proposed Amendment used if approved by the Manager, New York effective date of this AD, accomplish the Aircraft Certification Office (ACO), FAA, Accordingly, pursuant to the inspection prior to the accumulation of Engine and Propeller Directorate. Operators authority delegated to me by the 10,000 total flight cycles. shall submit their requests through an Administrator, the Federal Aviation (2) For airplanes that have accumulated appropriate FAA Principal Maintenance Administration proposes to amend part more than 5,000 total flight cycles, but fewer Inspector, who may add comments and then 39 of the Federal Aviation Regulations than 38,501 total flight cycles as of the send it to the Manager, New York ACO. effective date of this AD, accomplish the (14 CFR part 39) as follows: Note 3: Information concerning the inspection prior to the accumulation of existence of approved alternative methods of [5,522 + (0.8955 x N Accumulated)] total PART 39ÐAIRWORTHINESS compliance with this AD, if any, may be cycles. ‘‘N Accumulated’’ is defined as the obtained from the New York ACO. DIRECTIVES total number of flight cycles as of the Special Flight Permits 1. The authority citation for part 39 effective date of this AD. (3) For airplanes that have accumulated (e) Special flight permits may be issued in continues to read as follows: 38,501 or more total flight cycles as of the accordance with sections 21.197 and 21.199 Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of this AD, accomplish the of the Federal Aviation Regulations (14 CFR inspection within 1,500 flight cycles after the 21.197 and 21.199) to operate the airplane to § 39.13 [Amended] effective date of this AD. a location where the requirements of this AD 2. Section 39.13 is amended by Note 2: For the purposes of this AD, a can be accomplished. adding the following new airworthiness detailed visual inspection is defined as: ‘‘An Note 4: The subject of this AD is addressed directive: intensive visual examination of a specific in Canadian airworthiness directive CF–98– structural area, system, installation, or 30, dated August 31, 1998. Bombardier, Inc. (Formerly de Havilland, assembly to detect damage, failure, or Inc.): Docket 98–NM–335–AD. Issued in Renton, Washington, on August irregularity. Available lighting is normally 30, 1999. Applicability: All Model DHC–8–101, supplemented with a direct source of good Vi L. Lipski, –102, –103, –106, –201, –202, –301, –311, lighting at intensity deemed appropriate by and –315 series airplanes, certificated in any the inspector. Inspection aids such as mirror, Acting Manager, Transport Airplane category. magnifying lenses, etc., may be used. Surface Directorate, Aircraft Certification Service. Note 1: This AD applies to each airplane cleaning and elaborate access procedures [FR Doc. 99–23064 Filed 9–2–99; 8:45 am] identified in the preceding applicability may be required.’’ BILLING CODE 4910±13±U

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DEPARTMENT OF HEALTH AND businesses in the dietary supplement DEPARTMENT OF JUSTICE HUMAN SERVICES industry. These meetings are intended to provide interested parties an Federal Prison Industries Food and Drug Administration opportunity to comment on the economic effects of a possible proposed 28 CFR Part 302 21 CFR Part 111 regulation on CGMP’s in the dietary [Docket No. 96N±0417] supplement industry. These public [BOP 1081±P] meetings are also intended to fulfill part Dietary Supplements; Center for Food of the outreach requirement of the Small RIN 1120±AA84 Safety and Applied Nutrition; Public Business Regulatory Enforcement Meetings Fairness Act of 1996. The agenda will Federal Prison Industries, Inc. (FPI) Standards and Procedures That AGENCY: Food and Drug Administration, include topics regarding the small Facilitate FPI's Ability To Accomplish HHS. business entities’ manufacturing Its Mission ACTION: Announcement of public practices and standard operating meetings. procedures for: (1) Personnel; (2) buildings and facilities; (3) equipment; AGENCY: Federal Prison Industries, Inc., SUMMARY: The Food and Drug (4) laboratory operations; (5) production Justice. Administration (FDA) is announcing and process controls; and (6) ACTION: Proposed rule; withdrawal. two public meetings to solicit comments warehousing, distribution and post- that will assist the Center for Food distribution of raw, intermediate and SUMMARY: Federal Prison Industries, Inc. Safety and Applied Nutrition (CFSAN) final products. The meeting will also (FPI) is withdrawing the proposed to understand the economic impact that include a discussion about the codification of its ‘‘Standards and any proposal to establish current good verification of the identity, purity, and Procedures that Facilitate FPI’s ability to manufacturing practices (CGMP) composition of dietary supplements and Accomplish its Mission’’. regulations for dietary supplements may dietary supplement ingredients. have on small businesses in the dietary DATES: The withdrawal is effective supplement industry. These meetings If you would like to attend a public September 3, 1999. are intended to give interested persons, meeting, you should register at least 5 ADDRESSES: including small businesses, an days prior to the meeting by faxing or Rules Unit, Office of opportunity to comment on the e-mailing your name, title, firm name, General Counsel, Bureau of Prisons, economic impact that such a proposal address, and telephone number to Peter HOLC Room 754, 320 First Street, NW., may have on small businesses. J. Vardon (address above). FDA Washington, DC 20534. DATES: The public meetings will be held encourages individuals or firms with FOR FURTHER INFORMATION CONTACT: on Tuesday, September 28, 1999, from relevant data or information to present Marianne S. Cantwell, Corporate 1 p.m. to 5 p.m. and Thursday, October such information at the meeting or in Counsel, Federal Prison Industries, Inc., 21, 1999, from 7 p.m. to 10 p.m. You written comments to the record. If you phone (202) 305–3501. should register at least 5 days prior to would like to request to speak at these the meeting you will attend. You may meetings, you may notify Peter J. SUPPLEMENTARY INFORMATION: Federal submit written comments until Vardon (address above) when you Prison Industries, Inc. (FPI) is November 21, 1999. register. There is no registration fee for withdrawing its proposed rule codifying its standards and procedures that ADDRESSES: The public meeting on these public meetings, but early September 28, 1999, will be held at the registration is suggested because space facilitate FPI’s ability to accomplish its Marriott Hotel, 75 South West Temple, may be limited. mission. The proposed rule was published in the Federal Register on Wasatch Room, Salt Lake City, UT You may request a transcript of the January 7, 1999 (64 FR 1082). The 84101. The public meeting on October public meeting from the Freedom of comment period for the rulemaking was 21, 1999, will be held at the Holiday Information Office (HFI–35), Food and reopened on March 10, 1999 (64 FR Inn–Inner Harbor, 301 West Lombard Drug Administration, 5600 Fishers 11821). FPI subsequently announced St., Baltimore, MD 21201. Submit Lane, rm. 12A–16, Rockville, MD 20857, that final action for the rulemaking written comments to the Dockets approximately 15 working days after the Management Branch (HFA–305), Docket would not occur before September 1, meeting. The transcript of the public No. 96N–0417, Food and Drug 1999 (64 FR 24547). Legislation to meeting and submitted comments will Administration, 5630 Fishers Lane, rm. substantially change the statutes be available for public examination at 1061, Rockville, MD 20852. Two copies governing FPI’s operations may be acted the Dockets Management Branch of any comments are to be submitted, upon by Congress this session. Thus, it (address above) between 9 a.m. and 4 p. except that individuals may submit one is not productive to pursue the issuance m., Monday through Friday. copy. of rules related to FPI’s current statute. FOR FURTHER INFORMATION CONTACT: Dated: August 27, 1999. Therefore, FPI is hereby withdrawing its Peter J. Vardon, Center for Food Safety Margaret M. Dotzel, proposed rule. and Applied Nutrition (HFS–726), Food Acting Associate Commissioner for Policy. Steve Schwalb, and Drug Administration, 330 C St. SW., [FR Doc. 99–23008 Filed 8–31–99; 11:38 am] Chief Operating Officer, Federal Prison Washington, DC 20204, 202–205–5329, BILLING CODE 4160±01±F Industries, Inc. FAX 202–260–0794, or e-mail [FR Doc. 99–23066 Filed 9–2–99; 8:45 am] [email protected]. SUPPLEMENTARY INFORMATION: These BILLING CODE 4410±05±P public meetings will provide an opportunity for an open discussion of the manufacturing practices of small

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ENVIRONMENTAL PROTECTION Environmental Protection, One Winter 23, 1999, to October 25, 1999; and to AGENCY Street, 8th Floor, Boston, MA 02108. extend the date for filing reply FOR FURTHER INFORMATION CONTACT: comments from September 8, 1999, to 40 CFR Part 52 Jeanne Cosgrove, (617) 918–1669. November 29, 1999. NTIA asserts that it needs more time to prepare cost [MA±19±01±5892b; A±1±FRL±6421±7] SUPPLEMENTARY INFORMATION: For additional information, see the direct information The Further Notice of Approval and Promulgation of Air final rule which is located in the Rules Proposed Rulemaking required it to Quality Implementation Plans; section of this Federal Register. submit. 2. Although we do not routinely grant Massachusetts; Volatile Organic Dated: June 23, 1999. Compound Regulations extensions of time, See 47 CFR 1.46(a), John P. DeVillars, we believe that extending the comment AGENCY: Environmental Protection Regional Administrator, Region I. date in this case will serve the public Agency (EPA). [FR Doc. 99–22932 Filed 9–2–99; 8:45 am] interest by allowing NTIA to prepare its ACTION: Proposed rule. BILLING CODE 6560±50±P cost information. We believe that an extension to October 25, 1999, will SUMMARY: EPA is proposing to approve provide sufficient time for NTIA to a State Implementation Plan (SIP) FEDERAL COMMUNICATIONS prepare its comments. Interested parties revision submitted by the COMMISSION may view the comments filed in this Commonwealth of Massachusetts. This proceeding from the Commission’s revision establishes reasonably available 47 CFR Part 3 Reference Information Center (Room control technology (RACT) emission [IB Docket No. 98±96, DA 99±1653] CY–A257) at 445 12th St., S.W., limits for certain industrial categories. Washington, D.C. 20554. 0554. Copies of In the Final Rules section of this Maritime Radio Accounting Authorities the comments filed in this proceeding Federal Register, EPA is fully approving are also available for purchase from the the majority of the Commonwealth’s SIP AGENCY: Federal Communications Commission’s copy contractor, revision. With regard to Massachusetts Commission. International Transcription Services, Regulation 310 CMR 7.18(17), however, ACTION: Proposed rule; extension of Inc. (‘‘ITS’’), 1231 20th Street, NW, EPA is granting approval to this comment period. Washington, DC 20037. regulation only as it is applicable to the 3. Accordingly, it is ordered, pursuant SUMMARY: Springfield Massachusetts ozone This document extends the to 47 CFR 0.261, that the date for filing nonattainment area (Berkshire, Franklin, time to file comments concerning the comments in this proceeding is Hampden, and Hampshire counties). Commission’s Further Notice of extended until October 25, 1999, and EPA is approving these regulations as a Proposed Rulemaking (‘‘Further that the date for filing reply comments direct final rule without prior proposal Notice’’) adopted on June 21, 1999. is extended until November 29, 1999. because the Agency anticipates no Comments on the Further Notice were Federal Communications Commission. adverse comments. A detailed rationale due on or before August 23, 1999, and for the approval is set forth in the direct Reply Comments were due on or before Roderick Kelvin Porter, final rule. If no relevant adverse September 8, 1999. In response to a Deputy Chief, International Bureau. comments are received in response to request for an extension of time, on [FR Doc. 99–23070 Filed 9–2–99; 8:45 am] the direct final rule, no further activity August 18, 1999, the Commission BILLING CODE 6712±01±P is contemplated in relation to this extended the time to file comments. proposed rule. If EPA receives relevant DATES: Comments must be submitted on adverse comments, the direct final rule or before October 25, 1999; reply DEPARTMENT OF COMMERCE will not take effect and all public comments must be submitted on or comments received will be addressed in before November 29, 1999. National Oceanic and Atmospheric a subsequent final rule based on this ADDRESSES: All supplemental comments Administration proposed rule. EPA will not institute a and supplemental reply comments 50 CFR Parts 600 and 648 second comment period on this should be addressed to: Office of the proposal. Any parties interested in Secretary, Federal Communications [I.D. 082099A] commenting on this proposal should do Commission, 445 12th St., S.W., so at this time. Washington, D.C. 20554. All comments Magnuson-Stevens Act Provisions; DATES: Comments must be received on and reply comments will be available General Provisions for Domestic or before October 4, 1999. for public inspection during regular Fisheries; Applications for Exempted Fishing Permits (EFPs) ADDRESSES: Comments may be mailed to business hours in the FCC Reference Susan Studlien, Deputy Director, Office Information Center (Room CY–A257) at AGENCY: National Marine Fisheries of Ecosystem Protection (mail code 445 12th St., S.W., Washington, D.C. Service (NMFS), National Oceanic and CAA), U.S. Environmental Protection 20554. Atmospheric Administration (NOAA), Agency, Region I, Suite 1100, One FOR FURTHER INFORMATION CONTACT: John Commerce. Copes, Attorney-Advisor, Multilateral Congress Street, Boston, MA 022114– ACTION: Notification of experimental 2023. Copies of the State submittal and and Development Branch, fishing proposal; request for comments. EPA’s technical support document are Telecommunications Division, available for public inspection during International Bureau, (202) 418–1478. SUMMARY: NMFS announces that the normal business hours, by appointment SUPPLEMENTARY INFORMATION: Administrator, Northeast Region, NMFS at the Office of Ecosystem Protection, 1. On August 16, 1999, the National (Regional Administrator), is considering U.S. Environmental Protection Agency, Telecommunications and Information approval of two EFPs to conduct Region I, One Congress Street, 11th Administration (NTIA) filed a motion to experimental fishing activities. EFPs floor, Boston, MA and at the Division of extend the date for filing comments in would allow vessels to conduct Air Quality Control, Department of the captioned proceeding from August operations otherwise restricted by

VerDate 18-JUN-99 15:47 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\03SEP1.XXX pfrm09 PsN: 03SEP1 48338 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Proposed Rules regulations governing the black sea bass to enlist two federally permitted vessels from the state’s landing quota. However, fishery, and would exempt vessels from to collect 2,500 sublegal (3 to 6 in (7.6 the NJDEP decided that once the black possession and size restrictions. Two to 15.2 cm)) black sea bass (Centropristis sea bass is sold to market at legal size EFPS would be required to conduct striata) using approximately 150 black (10 in (25.4 cm)), it would count against experimental fishing activities involving sea bass pots from the Raritan and the state’s landing quota. the possession and retention of 2,500 Sandy Hook Bays, New Jersey. The students (commercial vessel sublegal wild stock black sea bass Specifically, the study will encompass operators) participating in the training (Centropristis striata) in areas of the the area bound by the following program will be under the supervision Raritan and Sandy Hook Bays with coordinates: 40° 26’N. latitude on the ° of RCE personnel during all phases of industry-standard black sea bass fish South to 40 30’N. latitude on the north, at-sea operations. pots. The collection of these specimens and 73°52’W. longitude on the east to The NJDEP has granted the RCE a will augment a cultured black sea bass 74°04’W. longitude on the west. harvesting permit to collect fish in the collection obtained from the University This applied segment of an industry- marine, fresh, and estuarine waters of of Rhode Island. This study is being based aquaculture training program the State. The two federally permitted conducted to support the applied intends to address two main objectives: vessels participating in this program portion of a customized aquaculture (1) Broaden the participant’s knowledge will commence collection of sublegal- training program designed to educate of the growth and survival rates of size black sea bass in Federal waters as fishers on the basics of fish and shellfish cultured and wildstock black sea bass in soon as the RCE receives the necessary culture. Regulations under the a recirculating system; and (2) evaluate authorizations from NMFS. It is Magnuson-Stevens Fishery the economic efficacy of juvenile black anticipated that the collection of Conservation and Management Act sea bass grow out in a recirculating sublegal-size black sea bass will take provisions require publication of this system operating under full capacity, approximately one month. No other document to provide interested parties and the associated cost-benefit ratio. species besides black sea bass will be the opportunity to comment on the The black sea bass will be harvested in harvested. Any regulated species caught proposed EFPs. industry standard vinyl coated wire pots with mesh sizes of 1 in x 1–1/4 in (2.54 incidental to black sea bass will be DATES: Comments on this notice must be cm x 3.2 cm). The black sea bass pots returned immediately to the sea. received by September 20, 1999. will not be modified in any way, except EFPs would be issued to participating ADDRESSES: Comments should be sent to that the escape vents will be closed to vessels to exempt them from the the Regional Administrator, NMFS, retain the undersized black sea bass. possession and size restrictions (see 50 Northeast Regional Office, One Once caught, the sublegal black sea bass CFR § 648.143) of the Fishery Blackburn Drive, Gloucester, MA 01930. will be transported to the Port of Management Plan for Summer Mark the outside of the envelope Belford, New Jersey, and placed in 4, Flounder, Scup and Black Sea Bass. ‘‘Comments on Proposed Experimental 15–gallon (56.77 liter) recirculating Authority: 16 U.S.C. 1801 et seq. Fisheries.’’ tanks for grow out and eventual sale to FOR FURTHER INFORMATION CONTACT: the market. Dated: August 30, 1999. Bonnie VanPelt, Fishery Management The RCE had previously requested Bruce Morehead, Specialist, 978–281–9244. that the New Jersey Department of Acting Director, Office of Sustainable SUPPLEMENTARY INFORMATION: The Environmental Protection (NJDEP) agree Fisheries, National Marine Fisheries Service. Rutgers Cooperative Extension of Ocean to exempt the black sea bass taken [FR Doc. 99–23087 Filed 9–2–99; 8:45 am] County (RCE) has submitted a proposal under this exempted fishing permit BILLING CODE 3510±22±F

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Notices Federal Register Vol. 64, No. 171

Friday, September 3, 1999

This section of the FEDERAL REGISTER providing a habitat for wildlife.’’ The determines them to qualify under the contains documents other than rules or Secretary of Agriculture evaluates these criteria established in statute: proposed rules that are applicable to the conservation programs on the basis of (1) labor; public. Notices of hearings and investigations, criteria set forth in 7 CFR part 14, and (2) testing; committee meetings, agency decisions and (3) use of machinery; rulings, delegations of authority, filing of makes a ‘‘primary purpose’’ determination for payments made under (4) materials and supplies; petitions and applications and agency (5)professional services authorized by statements of organization and functions are each program. Before there may be an exclusion, the Secretary of the Treasury the director; examples of documents appearing in this (6) costs incurred by order of federal, section. must determine that payments made state or local government; and under these conservation programs do (7) any other expenses that the board not substantially increase the annual finds to be reasonable and necessary to DEPARTMENT OF AGRICULTURE income derived from the property remediate a petroleum spill or release benefited by the payments. Office of the Secretary Costs are eligible for reimbursement The South Dakota petroleum Release only if they are for activities that have South Dakota Petroleum Release Compensation Fund (PRCF) was been described in a site assessment plan Compensation Fund Program; enacted through HB 1253 in the 1988 or a corrective action plan and have Determination of Primary Purpose of South Dakota state legislature. From received prior approval from the Program Payments for Consideration 1988 to 1995, the PRCF was attached to director. the Department of Commerce and as Excludable From Income Under Procedural Matters Section 126 of the Internal Revenue Regulation and was administered by a Code of 1954 five-member citizen’s board appointed The authorizing legislation, by the Governor. In 1995, through regulations, and operating procedures AGENCY: Office of the Secretary, USDA. executive reorganization (Executive for the South Dakota PETROLEUM ACTION: Notice of Determination. Order 95–5), the PRCF was attached to RELEASE COMPENSATION FUND the Department of Transportation and have been examined using criteria set SUMMARY: The Secretary of Agriculture forth in 7 CFR part 14. The U.S. has determined that all grant payments the board’s role was changed to Department of Agriculture has made under the South Dakota Petroleum advisory. Although attached to the concluded that the grant payments Release Compensation Fund program Department of Transportation, the PRCF made under this program are made to are made primarily for the purpose of is temporarily administered by the provide financial assistance to eligible conserving soil and water resources and Department of Commerce and persons primarily for the purpose of protecting or restoring the environment. Regulation through a joint-powers conserving soil and water resources and This determination is made in agreement. The program is funded by a protecting or restoring the environment. accordance with Section 126 of the petroleum release compensation and tank inspection fee of $20.00/1,000 A ‘‘Record of Decision, South Dakota Internal Revenue Code of 1954, as PETROLEUM RELEASE amended. The determination permits gallons on products introduced and sold within the state. The fee is imposed on COMPENSATION FUND: Primary recipients of these payments to exclude Purpose Determination for Federal Tax them from gross income to the extent the first state licensed distributor who transfers title of a petroleum product to Purposes’’ has been prepared and is allowed by the Internal Revenue available upon request from the Service. another within the state. The PRCF receives 58% of the revenues generated Director, Conservation Operations FOR FURTHER INFORMATION CONTACT: by the fee. Division, Natural Resources Dennis D. Rounds, Executive Director, Conservation Service, P.O. Box 2890, The purpose of the program is to South Dakota Petroleum Release Washington, D.C. 20013, or Director, prevent and clean up petroleum spills Compensation Fund, 124 E. Dakota, South Dakota Petroleum Release through the establishment of a fund Pierre, South Dakota 57501; or Director, Compensation Fund, 124 E. Dakota, which financially assists owners or Conservation Operations Division, Pierre, S.D. 57501. Natural Resources Conservation Service, operators of storage tanks with USDA, P.O. Box 2890, Washington, D.C. necessary and reasonable expenses Determination 20013, (202) 720–1845. incurred in order to clean up pollution As required by Section 126(b) of the SUPPLEMENTARY INFORMATION: Section caused by the release of petroleum into Internal Revenue Code of 1954, as 126 of the Internal Revenue Code of the environment. The objectives of this amended, I have examined the 1954, as amended, 26 U.S.C. 126, program are achieved by reimbursing authorizing legislation, regulations, and provides that certain payments made to owners or operators of storage tanks for operating procedures regarding the persons under state conservation expenses incurred for the cleanup of South Dakota PETROLEUM RELEASE programs may be excluded from the petroleum released into the COMPENSATION FUND. In accordance recipient’s gross income for federal environment, thereby protecting the with the criteria set out in 7 CFR Part income tax purposes if the Secretary of public from contamination of drinking 14, I have determined that all grant Agriculture determines that the water. payments for cleanup of petroleum payments are made ‘‘primarily for the Only expenses directly related to the releases associated with petroleum purpose of conserving soil and water cleanup are eligible for reimbursement storage tanks made under this program resources, protecting or restoring the under the PRCF. The following are primarily for the purpose of environment, improving forests, or expenses are reimbursable if the director conserving soil and water resources and

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 48340 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices protecting or restoring the environment. www.ams.usda.gov/standards/ including reconstruction, Best Subject to further determination by the frutmrkt.htm. Management Practices (BMP) Secretary of the Treasury, this FOR FURTHER INFORMATION CONTACT: compliance, and decommissioning. The determination permits grant payment Kenneth R. Mizelle at (202) 720–2185. Spar and Lake project area encompasses recipients to exclude from gross income, SUPPLEMENTARY INFORMATION: A notice the Lake Creek drainage immediately for Federal income tax purposes, all or was published in the Federal Register south of Troy, Montana, including Iron, part of such payments made under the (64 FR 32666; June 17, 1999) requesting Keeler, Twilight, Stanley, Ross, Camp, South Dakota Petroleum Release comments on changes to the United Madge, Spring and Noggle drainages as Compensation Fund. States Standards for Grades of Oranges well as several small tributaries to Lake Signed at Washington, DC, on April 2, (California and Arizona), United States Creek. The purpose and need for action 1998. Standards for Grades of Grapefruit is to: (1) Improve overall forest health by Dan Glickman, (California and Arizona), United States stimulating natural processes that Standards for Grades of Tangerines and encourage more stable and resilient Secretary of Agriculture. conditions. This includes salvaging [FR Doc. 99–23063 Filed 9–2–99; 8:45 am] the United States Standards for Grades of Lemons. The notice would change the trees with high levels of mortality from BILLING CODE 3410±16±P standards to provide a minimum 25- insect and disease as well as addressing count sample to be applied to tolerances stand density and species competition concerns; (2) Improve winter range DEPARTMENT OF AGRICULTURE for defects. Additionally, to promote greater uniformity and consistency in conditions; (3) Improve growing Agricultural Marketing Service the standards, AMS proposed further conditions and long term management revisions which will bring the standards options for overstocked sapling/pole stands; (4) Improve water quality; and [Docket Number FV±98±305] into conformity with current cultural and marketing practices. The comment (5) Provide a sustained yield of timber. The DEIS is expected to be filed with United States Standards for Grades of period ended August 16, 1999. the EPA and available for public review Oranges (California and Arizona), A request from an industry by February, 2000. United States Standards for Grades of association representing wholesale Grapefruit (California and Arizona), receivers requested that additional time DATES: Written comments and United States Standards for Grades of be provided for interested persons to suggestions should be received on or Tangerines and the United States comment on the proposed changes. The before October 4, 1999. Standards for Grades of Lemons association intended to comment but ADDRESSES: Written comments and did not do so prior to the close of the suggestions concerning the scope of the AGENCY: Agricultural Marketing Service, comment period. The association analysis should be sent to Michael L. USDA. believes that its response, on behalf of Balboni, District Ranger, Three Rivers ACTION: Reopening and extension of the wholesale agricultural receivers, is Ranger District, 1437 Hwy 2, Troy, MT comment period. critical to the evaluation of any 59935. proposed standards changes. FOR FURTHER INFORMATION CONTACT: SUMMARY: Notice is hereby given that After reviewing the request, the Contact Michael Donald, the comment period on proposed Department is reopening and extending Interdisciplinary Team Leader, Three changes to the United States Standards the comment period in order to allow Rivers Ranger District, Phone: (406) for Grades of Oranges (California and sufficient time for all interested persons, 295–4693. Arizona), United States Standards for including the association, to file SUPPLEMENTARY INFORMATION: The Grades of Grapefruit (California and comments. project area is approximately 135,000 Arizona), United States Standards for Authority: 7 U.S.C. 1621–1627. acres and has a favorable climate and Grades of Tangerines and the United Dated: August 30, 1999. good site conditions for forest States Standards for Grades of Lemons vegetation. Proposed activities within is reopened and extended. Robert C. Keeney, Deputy Administrator, Fruit and Vegetable the decision area include portions of the DATES: Comments must be received by Programs. following areas: T28N, R33W, sec 2, 4– September 20, 1999. [FR Doc. 99–23013 Filed 9–2–99; 8:45 am] 8; T28N, R34W, sec 1–4, 11, 12; T29N, ADDRESSES : Written comments may be BILLING CODE 3410±02±P R33W, sec 3, 4, 6, 9, 18, 19; T29N, submitted to Kenneth R. Mizelle, Fresh R34W, sec 1–3, 8, 11, 13, 15–17, 23–25, Products Branch, Fruit and Vegetable 27, 34, 35; T30N, R33W, sec 19, 27, 30, Programs, Agricultural Marketing DEPARTMENT OF AGRICULTURE 31, 33; T30N, R34W, sec 1, 3, 10–17, Service, U.S. Department of Agriculture, 20–28, 30, 32–35; T31N, R33W, sec 20; Room 2065, South Building, STOP Forest Service and T31N, R34W, sec 34. Activities 0240, P.O. Box 96456, Washington, D.C. would take place in Management Areas 20090–6456; faxed to (202) 720–8871; or Spar and Lake Forest Health Project (MA) 2, 8, 10, 10og, 11, 12, 13, 18, 18og, e-mailed to [email protected]. Kootenai National Forest, Lincoln 19, 24 as defined by the Kootenai Comments should reference the date County, MT National Forest Plan. Average annual and page number of this issue of the AGENCY: Forest Service, USDA. precipitation ranges from 29 to 100 Federal Register. All comments ACTION: Notice of intent to prepare an inches. At the higher elevations, most received will be made available for environmental impact statement. precipitation falls as snow. The Lake public inspection at the above address creek valley is a unique combination of during regular business hours. SUMMARY: The USDA-Forest Service will open-growth ponderosa pine and The current grade standards for these prepare an Environmental Impact Douglas-fir, multistoried western larch/ citrus crops, along with proposed Statement (EIS) for the Spar and Lake Douglas-fir, and dense stands of western changes, are available either through the Forest Health Project to disclose the red cedar and western hemlock with above addresses or by accessing AMS’ effects of timber management, pockets of lodgepole pine. The upland Home Page on the Internet at prescribed fire, and road management areas vary from even-aged Douglas-fir/

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48341 grand fir stands to multi-storied forests the Twilight, Thicket, NF Keeler and guaranteed that all the cavity habitat of mixed conifers and uniform Upper Iron Creek drainages) would be would be retained since some of the lodgepole pine stands. earthbermed to meet grizzly bear core existing snags may need to be felled for Wildfire historically played a role in habitat standards. Berming these already safety reasons to meet OSHA interrupting forest succession and gated roads would have no direct effect requirements. New snags may be created creating much of the vegetative diversity on public access. by girdling live trees after the harvest that is apparent. Since the early 1900s, • Prescribed burning without timber operations. a policy of wildfire suppression has harvest would be utilized over been in place on National Forest lands, approximately 3,300 acres to improve MA–12; Big-game Summer Range/ interrupting the natural vegetation big game habitat, reduce fuels, improve Timber cycle. Existing stands in general have a vegetative conditions, and restore The proposed harvest in Sec. 23, higher stocking level than occurred important ecological processes. T29N, R34W could result in an opening naturally and are dominated by 2. Vegetative treatments, as described of over 40 acres when considered with Douglas-fir which is susceptible to bark in #1 above, are designed to also adjacent past harvest (of 34 acres) which beetles and root disease when stressed. improve big game habitat conditions does not yet provide hiding cover for big In the project area many mature through reduction of stand density and game species. A Forest Plan Douglas-fir stands are experiencing bark underburning. Amendment would be needed to beetle-caused mortality. Once a 3. Approximately 400 acres of suspend wildlife and fish standard #7 dominant feature of this area, western overstocked sapling size trees would be and timber standard #2 for this area. white pine has been severely impacted precommercially thinned. These areas These standards state that movement as a result of the blister rust fungus; are within managed plantations and corridors and adjacent hiding cover be western larch is also less prevalent due natural stands that have regenerated retained. In this situation, high levels of to its age and lack of fire-induced site after wildfire. Lynx habitat will not be bark beetle caused mortality precludes preparation that enables natural precommercially thinned. alternative treatment. Snags and down regeneration. 4. Watershed rehabilitation activities woody material would be left to provide 1. Treatments to improve forest health would be implemented to reduce water wildlife habitat and maintain soil for salvage and restoration include: routing and sediment transport from productivity. • Stand improvement cutting in the existing roads. This would be majority of treatment areas to reduce accomplished through application of Range of Alternatives overall stand densities, improve species Best Management Practices and The Forest Service will consider a composition and quality, and reduce the activities such as outsloping, range of alternatives. One of these will high risk of continued mortality. waterbarring, culvert replacement or be the ‘‘no action’’ alternative in which Restoration of the forest structure would removal and/or removal of the actual none of the proposed activities will be be addressed in part through the salvage prism to restore a more natural surface implemented. Additional alternatives of dead and dying trees. flow pattern to the landscape. will examine varying levels and • Prescribed burning would be 5. The timber harvest described under locations for the proposed activities to applied in some areas following harvest #1 above would also contribute timber achieve the proposal’s purposes, as well to restore the fire dependent products to local and regional markets. as to respond to the issues and other ecosystems, reduce fuels, prepare the The Kootenai Forest Plan provides resource values. site for planting, and/or improve guidance for management activities The EIS will analyze the direct, vegetative conditions. within the potentially affected area indirect, and cumulative environmental • Removal of trees would be through its goals, objectives, standards effects of the alternatives. Past, present, accomplished primarily with a and guidelines, and management area and projected activities on both private helicopter due to the steep slopes. direction. A portion of the Scotchman and National Forest lands will be Temporary roads may be needed to Peaks Inventoried Roadless Area is considered. The EIS will disclose the access units to be harvested with included within the project area, analysis of site-specific mitigation ground-based systems. These temporary approximately 500 acres of which are measures, if needed, and their roads would be decommissioned after proposed for prescribed burning. effectiveness. timber sale activities are accomplished. The proposed action includes project- Preliminary Issues: Tentatively, • Post treatment reforestation within specific forest plan amendments to meet several preliminary issues of concern regeneration units would include the goals of the Kootenai National Forest have been identified. These issues are planting a mix of conifer species, Plan. briefly described below: including blister rust-resistant western Transportation Systems: The MA–10; Big Game Winter Range/ white pine, ponderosa pine, western implementation of the proposed action Unsuitable Timber Lands larch, and Engelmann spruce. would change access within the Spar • In order to implement this proposal The proposed harvest near Stanley and Lake Analysis Area which may and provide for grizzly bear security Mountain, Pheasant Point and Northeast affect the public’s ability to use during the proposed timber harvest of Keeler Mountain is largely in traditional routes. activity, several miles of road currently Management Area 10. A Forest Plan Visual Resources: Implementation of restricted to public access would be amendment would be necessary to the proposed action may alter the opened to access harvest units and suspend wildlife and fish standard #3 existing scenic resource within the available for public use. One road for MA 10 harvest in order to enhance project area. Even though the proposed currently open to public access, the wildlife habitat by increasing forage. action is planned to improve the visuals Hiatt Creek road overlooking Spar Lake, Some salvage opportunity also exists to of the past harvest activities, some would be considered for closing with an retard the spread of insect and disease. members of the public may feel that it earth berm to meet core habitat These areas contain existing standing will have additional scenic impacts. standards for grizzly bear. Several more dead trees. Although the intent is to Watershed: Past management roads which are currently restricted to protect as much of the existing cavity activities and those associated with the public vehicular access with a gate (in habitat as possible, it cannot be implementation of the Proposed Action

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.089 pfrm08 PsN: 03SEN1 48342 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices may result in increased peak flows and • Identifying major issues to be when it can meaningfully consider and sediment production. Water Quality analyzed in depth. respond to them in the final EIS. Limited Segments (WQLS), as defined • Identify alternatives to the proposed To be most helpful, comments on the by the state of Montana, exist within the action. drafts EIS should be as specific as analysis area. • Explore additional alternatives possible and may address the adequacy Fish: While the intent is to improve which will be derived from issues of the statement or the merit of the long term water quality, bull trout may recognized during scoping activities. alternatives discussed. Reviewers may experience short term impacts. • Identify potential environmental wish to refer to the Council on Wildlife: The proposed action could effects of this project and alternatives Environmental Quality regulations for potentially reduce existing cavity (i.e. direct, indirect, and cumulative implementing the procedural provisions habitat in snags and reduce suitable effects and connected actions). of the National Environmental Policy hiding cover for wildlife security. Estimated Dates for Filing: While Act at 40 CFR 1503.3 in addressing Decisions To Be Made: The Kootenai public participation in this analysis is these points. Forest Supervisor will decide the welcome at any time, comments following: received within 30 days of the Responsible Official • Whether or not to harvest timber publication of this notice will be As the Forest Supervisor of the and, if so, identify the selection of, and especially useful in the preparation of Kootenai National Forest, 1101 US site-specific location of, appropriate the Draft EIS. The Draft EIS is expected Highway 2 West, Libby, MT 59923, I am timber management practices to be filed with the Environmental the Responsible Official. As the (silvicultural prescription, logging Protection Agency (EPA) and to be Responsible Official I will decide if the system, fuels treatment, and available for public review by February, proposed project will be implemented. reforestation), road construction/ 2000. At that time EPA will publish a I will document the decision and reconstruction necessary to provide Notice of Availability of the draft EIS in reasons for the decision in the Record of access and to achieve other resource the Federal Register. The comment Decision. I have delegated the objectives, and appropriate mitigation period on the draft EIS will be 45 days responsibility to prepare the EIS to measures. from the date the EPA publishes the Michael L. Balboni, District Ranger, • Whether or not water quality Notice of Availability in the Federal Three Rivers Ranger District. Register. It is very important that those improvement projects (including road Dated: August 27, 1999. decommissioning) should be interested in the management of this Bob Castaneda, implemented and, if so, to what extent. area participate at that time. • Whether or not wildlife The final EIS is scheduled to be Forest Supervisor Kootenai National Forest. enhancement projects (including completed by May, 2000. In the final [FR Doc. 99–22975 Filed 9–2–99; 8:45 am] prescribed burning) should be EIS, the Forest Service is required to BILLING CODE 3410±11±M implemented and, if so, to what extent. respond to comments and responses • Whether road access restrictions or received during the comment period other actions are necessary to meet big that pertain to the environmental DEPARTMENT OF AGRICULTURE game wildlife security needs. consequences discussed in the draft EIS • Whether or not project specific and applicable laws, regulations, and Forest Service Forest Plan amendments for MA 10 and policies considered in making a Spar and Lake Forest Health Project; 12 are necessary to meet the specific decision regarding the proposal. Kootenai National Forest, Lincoln purpose and need of this project, and Reviewer’s Obligations County, MT whether those amendments are significant under NFMA. The Forest Service believes, at this AGENCY: Forest Service, USDA. • What, if any, specific project early stage, it is important to give ACTION: Notice of intent to prepare an monitoring requirements would be reviewers notice of several court rulings environmental impact statement. needed to assure mitigation measures related to public participation in the are implemented and effective. environmental review process. First, SUMMARY: The USDA-Forest Service will reviewers of draft environmental impact prepare an Environmental Impact Public Involvement and Scoping statements must structure their Statement (EIS) for the Spar and Lake In September of 1998, preliminary participation in the environmental Forest Health Project to disclose the efforts were made to involve the public review of the proposal so that it is effects of timber management, in looking at management opportunities meaningful and alerts an agency to the prescribed fire, and road management within the Spar Sub-unit analysis area. reviewer’s position and contentions. including reconstruction, Best Comments received prior to this notice Vermont Yankee Nuclear Power Corp. v. Management Practices (BMP) will be included in the documentation NRDC, 435 U.S. 519, 553 (1978). Also, compliance, and decommissioning. The for the EIS. The public is encouraged to environmental objections that could be Spar and Lake project area encompasses take part in the process and is raised at the draft environmental impact the Lake Creek drainage immediately encouraged to visit with Forest Service statement stage may be waived or south of Troy, Montana, including Iron, officials at any time during the analysis dismissed by the courts. City of Angoon Keeler, Twilight, Stanley, Ross, Camp, and prior to the decision. The Forest v. Hodel, 803 F.2d 1016, 1022 (9th Cir. Madge, Spring and Noggle drainages as Service will be seeking information, 1986) and Wisconsin Heritages, Inc. v. well as several small tributaries to Lake comments, and assistance from Federal, Harris, 490 F.Supp. 1334, 1338 (E.D. Creek. The purpose and need for action State, and local agencies and other Wis. 1980). Because of these court is to: (1) Improve overall forest health by individuals or organizations who may rulings, it is very important that those stimulating natural processes that be interested in, or affected by, the interested in this proposed action encourage more stable and resilient proposed action. This input will be used participate in the close of the 45 day conditions. This includes salvaging in preparation of the draft and final EIS. comment period so that substantive trees with high levels of mortality from The scoping process will include: comments and objections are made insect and disease as well as addressing • Identifying potential issues. available to the Forest Service at a time stand density and species competition

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48343 concerns; (2) Improve winter range dominant feature of this area, western 3. Approximately 400 acres of conditions; (3) Improve growing white pine has been severely impacted overstocked sapling size trees would be conditions and long term management as a result of the blister rust fungus; precommercially thinned. These areas options for overstocked sapling/pole western larch is also less prevalent due are within managed plantations and stands; (4) Improve water quality; and to its age and lack of fire-induced site natural stands that have regenerated (5) Provide a sustained yield of timber. preparation that enables natural after wildfire. Lynx habitat will not be The DEIS is expected to be filed with regeneration. precommercially thinned. the EPA and available for public review 1. Treatments to improve forest health 4. Watershed rehabilitation activities by February, 2000. for salvage and restoration include: would be implemented to reduce water DATES: Written comments and • Stand improvement cutting in the routing and sediment transport from suggestions should be received on or majority of treatment areas to reduce existing roads. This would be before October 4, 1999. overall stand densities, improve species accomplished through application of ADDRESSES: Written comments and composition and quality, and reduce the Best Management Practices and suggestions concerning the scope of the high risk of continued mortality. activities such as outsloping, analysis should be sent to Michael L. Restoration of the forest structure would waterbarring, culvert replacement or Balboni, District Ranger, Three Rivers be addressed in part through the salvage removal and/or removal of the actual Ranger District, 1437 Hwy 2, Troy, MT of dead and dying trees. prism to restore a more natural surface 59935. • Prescribed burning would be flow pattern to the landscape. 5. The timber harvest described under FOR FURTHER INFORMATION CONTACT: applied in some areas following harvest #1 above would also contribute timber Michael Donald, Interdisciplinary Team to restore the fire dependent ecosystems, reduce fuels, prepare the products to local and regional markets. Leader, Three Rivers Ranger District. The Kootenai Forest Plan provides Phone: (406) 295–4693. site for planting, and/or improve vegetative conditions. guidance for management activities SUPPLEMENTARY INFORMATION: within the potentially affected area The project area is approximately • Removal of trees would be accomplished primarily with a through its goals, objectives, standards 135,000 acres and has a favorable and guidelines, and management area climate and good site conditions for helicopter due to the steep slopes. Temporary roads may be needed to direction. A portion of the Scotchman forest vegetation. Proposed activities Peaks Inventoried Roadless Area is within the decision area include access units to be harvested with ground-based systems. These temporary included within the project area, portions of the following areas: T28N, approximately 500 acres of which are R33W, sec 2, 4–8; T28N, R34W, sec 1– roads would be decommissioned after timber sale activities are accomplished. proposed for prescribed burning. 4, 11, 12; T29N, R33W, sec 3, 4, 6, 9, The proposed action includes project- • Post treatment reforestation within 18, 19; T29N, R34W, sec 1–3, 8, 11, 13, specific forest plan amendments to meet regeneration units would include 15–17, 23–25, 27, 34, 35; T30N, R33W, the goals of the Kootenai National Forest planting a mix of conifer species, sec 19, 27, 30, 31, 33; T30N, R34W, sec Plan. 1, 3, 10–17, 20–28, 30, 32–35; T31N, including blister rust-resistant western R33W, sec 20; and T31N, R34W, sec 34. white pine, ponderosa pine, western MA–10; Big Game Winter Range/ Activities would take place in larch, and Engelmann spruce. Unsuitable Timber Lands • Management Areas (MA) 2, 8, 10, 10og, In order to implement this proposal The proposed harvest near Stanley 11, 12, 13, 18, 18og, 19, 24 as defined and provide for grizzly bear security Mountain, Pheasant Point and Northeast by the Kootenai National Forest Plan. during the proposed timber harvest of Keeler Mountain is largely in Average annual precipitation ranges activity, several miles of road currently Management Area 10. A Forest Plan from 29 to 100 inches. At the higher restricted to public access would be amendment would be necessary to elevations, most precipitation falls as opened to access harvest units and suspend wildlife and fish standard #3 snow. The Lake Creek valley is a unique available for public use. One road for MA 10 harvest in order to enhance combination of open-grown ponderosa currently open to public access, the wildlife habitat by increasing forage. pine and Douglas-fir, multistoried Hiatt Creek road overlooking Spar Lake, Some salvage opportunity also exists to western larch/Douglas-fir, and dense would be considered for closing with an retard the spread of insect and disease. stands of western red cedar and western earth berm to meet core habitat These areas contain existing standing hemlock with pockets of lodgepole pine. standards for grizzly bear. Several more dead trees. Although the intent is to The upland areas vary from even-aged roads which are currently restricted to protect as much of the existing cavity Douglas-fir/grand fir stands to multi- public vehicular access with a gate (in habitat as possible, it cannot be storied forests of mixed conifers and the Twilight, Thicket, NF Keeler and guaranteed that all the cavity habitat uniform lodgepole pine stands. Upper Iron Creek drainages) would be would be retained since some of the Wildfire historically played a role in earthbermed to meet grizzly bear core existing snags may need to be felled for interrupting forest succession and habitat standards. Berming these already safety reasons to meet OSHA creating much of the vegetative diversity gated roads would have no direct effect requirements. New snags may be created that is apparent. Since the early 1900s, on public access. by girdling live trees after the harvest a policy of wildfire suppression has • Prescribed burning without timber operations. been in place on National Forest lands, harvest would be utilized over interrupting the natural vegetation approximately 3,300 acres to improve MA–12; Big-Game Summer Range/ cycle. Existing stands in general have a big game habitat, reduce fuels, improve Timber higher stocking level than occurred vegetative conditions, and restore The proposed harvest in Sec. 23, naturally and are dominated by important ecological processes. T29N, R34W could result in an opening Douglas-fir which is susceptible to bark 2. Vegetative treatments, as described of over 40 acres when considered with beetles and root disease when stressed. in #1 above, are designed to also adjacent past harvest (of 34 acres) which In the project area many mature improve big game habitat conditions does not yet provide hiding cover for big Douglas-fir stands are experiencing bark through reduction of stand density and game species. A Forest Plan beetle-caused mortality. Once a underburning. Amendment would be needed to

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.092 pfrm08 PsN: 03SEN1 48344 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices suspend wildlife and fish standard #7 site-specific location of, appropriate to be filed with the Environmental and timber standard #2 for this area. timber management practices Protection Agency (EPA) and to be These standards state that movement (silvicultural prescription, logging available for public review by February, corridors and adjacent hiding cover be system, fuels treatment, and 2000. At that time EPA will publish a retained. In this situation, high levels of reforestation), road construction/ Notice of Availability of the draft EIS in bark beetle caused mortality precludes reconstruction necessary to provide the Federal Register. The comment alternative treatment. Snags and down access and to achieve other resource period on the draft EIS will be 45 days woody material would be left to provide objectives, and appropriate mitigation from the date the EPA publishes the wildlife habitat and maintain soil measures. Notice of Availability in the Federal productivity. • Whether or not water quality Register. It is very important that those improvement projects (including road interested in the management of this Range of Alternatives decommissioning) should be area participate at that time. The Forest Service will consider a implemented and, if so, to what extent. The final EIS is scheduled to be range of alternatives. One of these will • Whether or not wildlife completed by May, 2000. In the final be the ‘‘no action’’ alternative in which enhancement projects (including EIS, the Forest Service is required to none of the proposed activities will be prescribed burning) should be respond to comments and responses implemented. Additional alternatives implemented and, if so, to what extent. received during the comment period will examine varying levels and • Whether road access restrictions or that pertain to the environmental locations for the proposed activities to other actions are necessary to meet big consequences discussed in the draft EIS achieve the proposal’s purposes, as well game wildlife security needs. and applicable laws, regulations, and as to respond to the issues and other • Whether or not project specific policies considered in making a resource values. Forest Plan amendments for MA 10 and decision regarding the proposal. The EIS will analyze the direct, 12 are necessary to meet the specific Reviewer’s Obligations: The Forest indirect, and cumulative environmental purpose and need of this project, and Service believes, at this early stage, it is effects of the alternatives. Past, present, whether those amendments are important to give reviewers notice of and project activities on both private significant under NFMA. several court rulings related to public and National Forest lands will be • What, if any, specific project participation in the environmental considered. The EIS will disclose the monitoring requirements would be review process. First, reviewers of draft analysis of site-specific mitigation needed to assure mitigation measures environmental impact statements must measures, if needed, and their are implemented and effective. structure their participation in the effectiveness. Public Involvement and Scoping: In environmental review of the proposal so Preliminary Issues: Tentatively, September of 1998, preliminary efforts that it is meaningful and alerts an several preliminary issues of concern were made to involve the public in agency to the reviewer’s position and have been identified. These issues are looking at management opportunities contentions. Vermont Yankee Nuclear briefly described below: within the Spar Sub-unit analysis area. Power Corp. v. NRDC, 435 U.S. 519, 553 Transportation Systems: The Comments received prior to this notice (1978). Also environmental objections implementation of the proposed action will be included in the documentation that could be raised at the draft would change access within the Spar for the EIS. The public is encouraged to environmental impact statement stage and Lake Analysis Area which may take part in the process and is may be waived or dismissed by the affect the public’s ability to use encouraged to visit with Forest Service courts. City of Angoon v. Hodel, 803 traditional routes. officials at any time during the analysis F.2d 1016, 1022 (9th Cir. 1986) and Visual Resources: Implementation of and prior to the decision. The Forest Wisconsin Heritages, Inc. v. Harris, 490 the proposed action may alter the Service will be seeking information, F. Supp. 1334, 1338 (E.D. Wis. 1980). existing scenic resource within the comments, and assistance from Federal, Because of these court rulings, it is very project area. Even though the proposed State, and local agencies and other important that those interested in this action is planned to improve the visuals individuals or organizations who may proposed action participate by the close of the past harvest activities, some be interested in, or affected by, the of the 45 day comment period so that members of the public may feel that it proposed action. This input will be used substantive comments and objections will have additional scenic impacts. in preparation of the draft and final EIS. are made available to the Forest Service Watershed: Past management The scoping process will include: at a time when it can meaningfully activities and those associated with the • Identifying potential issues. consider and respond to them in the implementation of the Proposed Action • Identifying major issues to be final EIS. may result in increased peak flows and analyzed in depth. To be most meaningful, comments on sediment production. Water Quality • Identifying alternatives to the the draft EIS should be as specific as Limited Segments (WQLS), as defined proposed action. possible and may address the adequacy by the state of Montana, exist within the • Explore additional alternatives of the statement or the merit of the analysis area. which will be derived from issues alternatives discussed. Reviewers may Fish: While the intent is to improve recognized during scoping activities. wish to refer to the Council on long term water quality, bull trout may • Identify potential environmental Environmental Quality regulations for experience short term impacts. effects of this project and alternatives implementing the procedural provisions Wildlife: The proposed action could (i.e. direct, indirect, and cumulative of the National Environmental Policy potentially reduce existing cavity effects and connected actions). Act at 40 CFR 1503.3 in addressing habitat in snags and reduce suitable Estimated Dates for Filing: While these points. hiding cover to wildlife security. public participation in this analysis is Responsible Official: As the Forest Decisions To Be Made: The Kootenai welcome at any time, comments Supervisor of the Kootenai National Forest Supervisor will decide the received within 30 days of the Forest, 1101 US Highway 2 West, Libby, following: publication of this notice will be MT 59923, I am the Responsible • Whether or not to harvest timber especially useful in the preparation of Official. As the Responsible Official I and, if so, identify the selection of, and the Draft EIS. The Draft EIS is expected will decide if the proposed project will

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.093 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48345 be implemented. I will document the organizations that will furnish the 2. The action will result in decision and reasons for the decision in commodities and services to the authorizing small entities to furnish the the Record of Decision. I have delegated Government. commodity to the Government. the responsibility to prepare the EIS to 2. The action will result in 3. There are no known regulatory Michael L. Balboni, District Ranger, authorizing small entities to furnish the alternatives which would accomplish Three Rivers Ranger District. commodities and services to the the objectives of the Javits-Wagner- Dated: August 13, 1999. Government. O’Day Act (41 U.S.C. 46–48c) in 3. There are no known regulatory Bob Castaneda, connection with the commodity alternatives which would accomplish Forest Supervisor, Kootenai National Forest. proposed for deletion from the the objectives of the Javits-Wagner- Procurement List. [FR Doc. 99–22983 Filed 9–2–99; 8:45 am] O’Day Act (41 U.S.C. 46—48c) in The following commodity has been BILLING CODE 3410±11±M connection with the commodities and proposed for deletion from the services proposed for addition to the Procurement List: Case, Medical, Procurement List. Comments on this Instrument and Supply Set 6545–00– COMMITTEE FOR PURCHASE FROM certification are invited. Commenters 912–9890. PEOPLE WHO ARE BLIND OR should identify the statement(s) SEVERELY DISABLED Beverly L. Milkman, underlying the certification on which Executive Director. they are providing additional Procurement List; Proposed Additions [FR Doc. 99–23068 Filed 9–2–99; 8:45 am] information. and Deletion The following commodities and BILLING CODE 6353±01±P AGENCY: Committee for Purchase From services have been proposed for People Who Are Blind or Severely addition to Procurement List for COMMITTEE FOR PURCHASE FROM Disabled. production by the nonprofit agencies PEOPLE WHO ARE BLIND OR ACTION: Proposed additions to and listed: SEVERELY DISABLED deletion from Procurement List. Commodities Candle, Illuminating Procurement List Additions and SUMMARY: The Committee has received Deletions proposals to add to the Procurement List 6260–00–161–4296 NPA: Concho Resource Center, San Angelo, commodities and services to be Texas AGENCY: Committee for Purchase From furnished by nonprofit agencies Bookcase, Steel, Contemporary People Who Are Blind or Severely employing persons who are blind or 7110–00–601–9821 Disabled. have other severe disabilities, and to 7110–00–601–9822 ACTION: Additions to and deletions from delete a commodity previously 7110–00–135–1997 the Procurement List. furnished by such agencies. 7110–00–135–1998 COMMENTS MUST BE RECEIVED ON OR (Requirements for GSA Zones 2 and 3 only) SUMMARY: This action adds to the BEFORE: October 4, 1999. NPA: Knox County ARC, Knoxville, Procurement List commodities and ADDRESSES: Committee for Purchase Tennessee services to be furnished by nonprofit From People Who Are Blind or Severely Services agencies employing persons who are Disabled, Crystal Gateway 3, Suite 310, Full Food and Dining Facility Attendant blind or have other severe disabilities, 1215 Jefferson Davis Highway, Service, Fort Leonard Wood, Missouri and deletes from the Procurement List Arlington, Virginia 22202–4302. NPA: MGI Services Corporation, St. Louis, commodities previously furnished by FOR FURTHER INFORMATION CONTACT: Missouri such agencies. Beverly Milkman (703) 603–7740. Furniture Rehabilitation EFFECTIVE DATE: October 4, 1999. SUPPLEMENTARY INFORMATION: GSA National Furniture Center, Arlington, ADDRESSES: Committee for Purchase This notice is published pursuant to Virginia (50% of the Government From People Who Are Blind or Severely 41 U.S.C. 47(a) (2) and 41 CFR 51–2.3. requirement) Disabled, Crystal Gateway 3, Suite 310, Its purpose is to provide interested NPA: J. M. Murray Center, Inc. Cortland, New 1215 Jefferson Davis Highway, persons an opportunity to submit York Arlington, Virginia 22202–4302. comments on the possible impact of the FOR FURTHER INFORMATION CONTACT: proposed actions. Janitorial/Custodial VA Outpatient Clinic, Daytona Beach, Beverly Milkman (703) 603–7740. Additions Florida SUPPLEMENTARY INFORMATION: If the Committee approves the NPA: ACT, CORP., Daytona Beach, Florida On April 2, July 9, and 23, 1999, the proposed additions, all entities of the Janitorial/Custodial Committee for Purchase From People Federal Government (except as New River Valley Memorial USARC, Dublin, Who Are Blind or Severely Disabled otherwise indicated) will be required to Virginia published notices (64 FR 15954, 37098, procure the commodities and services NPA: New River Valley Workshop, Inc., 39968 and 39969) of proposed additions listed below from nonprofit agencies Radford, Virginia to and deletions from the Procurement employing persons who are blind or List: Deletion have other severe disabilities. Additions I certify that the following action will I certify that the following action will not have a significant impact on a not have a significant impact on a After consideration of the material substantial number of small entities. substantial number of small entities. presented to it concerning capability of The major factors considered for this The major factors considered for this qualified nonprofit agencies to provide certification were: certification were: the commodities and services and 1. The action will not result in any 1. The action will not result in any impact of the additions on the current additional reporting, recordkeeping or additional reporting, recordkeeping or or most recent contractors, the other compliance requirements for small other compliance requirements for small Committee has determined that the entities other than the small entities. commodities and services listed below

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 48346 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices are suitable for procurement by the substantial number of small entities. BROADCASTING BOARD OF Federal Government under 41 U.S.C. The major factors considered for this GOVERNORS 46–48c and 41 CFR 51–2.4. certification were: Sunshine Act Meeting I certify that the following action will 1. The action may not result in any not have a significant impact on a additional reporting, recordkeeping or DATE AND TIME: September 14, 1999; 9:00 substantial number of small entities. other compliance requirements for small a.m. The major factors considered for this entities. PLACE: certification were: Cohen Building, Room 3321, 330 1. The action will not result in any 2. The action will not have a severe Independence Ave., S.W., Washington, additional reporting, recordkeeping or economic impact on future contractors D.C. 20547. other compliance requirements for small for the commodities. CLOSED MEETING: The members of the entities other than the small 3. The action may result in Broadcasting Board of Governors (BBG) organizations that will furnish the authorizing small entities to furnish the will meet in closed session to review commodities and services to the commodities to the Government. and discuss a number of issues relating to U.S. Government-funded non- Government. 4. There are no known regulatory 2. The action will not have a severe military international broadcasting. alternatives which would accomplish economic impact on current contractors They will address internal procedural, the objectives of the Javits-Wagner- for the commodities and services. budgetary, and personnel issues, as well O’Day Act (41 U.S.C. 46–48c) in 3. The action will result in as sensitive foreign policy issues connection with the commodities authorizing small entities to furnish the relating to potential options in the U.S. deleted from the Procurement List. commodities and services to the international broadcasting field. This Government. After consideration of the relevant meeting is closed because if open it 4. There are no known regulatory matter presented, the Committee has likely would either disclose matters that alternatives which would accomplish determined that the commodities listed would be properly classified to be kept the objectives of the Javits-Wagner- below are no longer suitable for secret in the interest of foreign policy O’Day Act (41 U.S.C. 46–48c) in procurement by the Federal Government under the appropriate executive order (5 connection with the commodities and under 41 U.S.C. 46–48c and 41 CFR 51– U.S.C. 552b. (c)(1)) or would disclose services proposed for addition to the 2.4. information the premature disclosure of Procurement List. Accordingly, the following which would be likely to significantly Accordingly, the following commodities are hereby deleted from frustrate implementation of a proposed commodities and services are hereby the Procurement List: agency action. (5 U.S.C. 552b. (c)(9)(B)) added to the Procurement List: In addition, part of the discussion will Cabinet, Tool, Mobile & Tool Box, Portable relate solely to the internal personnel Commodities 5140–01–010–4776 and organizational issues of the BBG or Stapler 5140–00–030–6617 the International Broadcasting Bureau. 5140–00–870–4796 7520–00–281–5895 (5 U.S.C. 552b. (c)(2) and (6)) 7520–00–281–5896 5140–00–319–5079 7520–00–139–6170 5140–00–494–2015 CONTACT PERSON FOR MORE INFORMATION: 7520–00–243–1780 Tool Box, Portable Persons interested in obtaining more 5140–01–010–4861 information should contact either Services Mirror, Glass Brenda Hardnett or John Lindburg at Acquisition and Distribution of C-Cell 7105–00–496–9866 (202) 401–3736. Batteries (6135–00–985–7846) Beverly L. Milkman, Defense Supply Center—Richmond, Dated: September 1, 1999. Richmond, Virginia Executive Director. John A. Lindburg, Duplication of Official Use Document (GPO [FR Doc. 99–23069 Filed 9–2–99; 8:45 am] Legal Counsel and Acting Executive Director. Program C492–S) BILLING CODE 6353±01±P [FR Doc. 99–23162 Filed 9–1–99; 1:03 pm] Government Printing Office, North Capitol & H Street, NW, Washington, DC BILLING CODE 8230±01±M Janitorial/Custodial COMMITTEE FOR PURCHASE FROM Fort Hamilton Proper, Fort Hamilton Manor PEOPLE WHO ARE BLIND OR DEPARTMENT OF COMMERCE and Fort Hamilton Tenants, Fort SEVERELY DISABLED Hamilton, New York International Trade Administration Proposed Additions to Procurement Mailing Services List; Correction February 1999 Sunset Review: Final National Council on Disability, 1331 F Street, Results and Revocation NW, Washington, DC In the document appearing on page Storage and Distribution of Tape, Webbing 45506, F.R. Doc. 99–21669, in the issue AGENCY: Import Administration, and Other Accouterments of August 20, 1999, in the second International Trade Administration, Defense Supply Center—Philadelphia, column, the service listed as Laundry Department of Commerce. Philadelphia, Pennsylvania Service, Naval Air Station, Brunswick, ACTION: Notice of Final Results of Sunset Telephone Switchboard Operations, Review and Revocation of Antidumping Barksdale Air Force Base, Louisiana Maine and Portsmouth, New Hampshire should read Laundry Service, Naval Air Duty Order: Fresh Cut Flowers from This action does not affect current Station, Brunswick, Maine and Ecuador (A–331–602). contracts awarded prior to the effective Portsmouth Naval Shipyard, SUMMARY: On February 1, 1999, the date of this addition or options that may Portsmouth, New Hampshire. be exercised under those contracts. Department of Commerce (‘‘the Beverly L. Milkman, Department’’) initiated a sunset review Deletions Executive Director. of the antidumping duty order on fresh I certify that the following action will [FR Doc. 99–23067 Filed 9–2–99; 8:45 am] cut flowers from Ecuador. Because the not have a significant impact on a BILLING CODE 6353±01±P domestic interested parties have

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48347 withdrawn, in full, their participation in notified the International Trade from Mexico (A201–601) and of the ongoing sunset review, the Commission that we intended to issue a countervailing duty orders on standard Department is revoking this order. final determination revoking this carnations from Chile (C–337–601) and EFFECTIVE DATE: January 1, 2000. antidumping duty order. pompon chrysanthemums from Peru (C– 333–601). FOR FURTHER INFORMATION CONTACT: Determination To Revoke Darla A. Brown or Melissa G. Skinner, Pursuant to section 751(c)(3)(A) of the SUMMARY: On February 1, 1999, the Office of Policy, Import Administration, Act and section 351.218(d)(1)(iii)(B)(3) Department of Commerce (‘‘the International Trade Administration, of the Sunset Regulations, if no Department’’) initiated sunset reviews of U.S. Department of Commerce, 14th domestic interested party responds to the antidumping duty order on standard Street and Constitution Avenue, NW, the notice of initiation, the Department carnations from Chile and fresh cut Washington, D.C. 20230; telephone shall issue a final determination, within flowers from Mexico and on the (202) 482–5050 or (202) 482–1560, 90 days after the initiation of the review, countervailing duty orders on standard respectively. revoking the finding or order or carnations from Chile and pompon SUPPLEMENTARY INFORMATION: terminating the suspended chrysanthemums from Peru. Because Background investigation. Because the FTC and its the domestic interested parties have Committees withdrew both their notice withdrawn, in full, their participation in The Department issued an of intent to participate and their the ongoing sunset reviews, the antidumping duty order on fresh cut complete substantive response from the Department is revoking these orders. flowers from Ecuador (52 FR 8494, review process, and no other domestic March 18, 1987). Pursuant to section EFFECTIVE DATE: January 1, 2000. interested party filed a substantive 751(c) of the Tariff Act of 1930, as FOR FURTHER INFORMATION CONTACT: response (see sections 351.218(d)(1)(i) amended (‘‘the Act’’), the Department Darla A. Brown or Melissa G. Skinner, and 351.218(d)(3) of the Sunset initiated a sunset review of this order by Office of Policy, Import Administration, Regulations), we are revoking this publishing notice of the initiation in the International Trade Administration, antidumping duty order. Federal Register (64 FR 4840, February U.S. Department of Commerce, 14th 1, 1999). In addition, as a courtesy to Effective Date of Revocation and Street and Constitution Avenue, NW, interested parties, the Department sent Termination Washington, D.C. 20230; telephone: (202) 482–5050 or (202) 482–1560, letters, via certified and registered mail, Pursuant to section 751(c)(6)(A)(iv) of respectively. to each party listed on the Department’s the Act, the Department will instruct the most current service list for this United States Customs Service to SUPPLEMENTARY INFORMATION: proceeding to inform them of the terminate the suspension of liquidation Background automatic initiation of a sunset review of the merchandise subject to this order on this order. entered, or withdrawn from warehouse The Department issued antidumping In the sunset review of the from warehouse, on or after January 1, duty orders on standard carnations from antidumping duty order on fresh cut 2000. Entries of subject merchandise Chile (52 FR 8939, March 20, 1987) and flowers from Ecuador, we received a prior to the effective date of revocation fresh cut flowers from Mexico (52 FR notice of intent to participate from Mr. will continue to be subject to 13491, April 23, 1987). The Department Timothy Haley, President of Pikes Peak suspension of liquidation and issued countervailing duty orders on Greenhouses, the Floral Trade Council antidumping duty deposit requirements. standard carnations from Chile (52 FR (‘‘FTC’’), the FTC’s Committee on The Department will complete any 3313, March 19, 1987) and pompon Standard Carnations, Committee on pending administrative reviews of this chrysanthemums from Peru (52 FR Standard Chrysanthemums, and order and will conduct administrative 13491, April 23, 1987). Pursuant to Committee on Pompom reviews of subject merchandise entered section 751(c) of the Tariff Act of 1930, Chrysanthemums (collectively, ‘‘the prior to the effective date of revocation as amended (‘‘the Act’’), the Department FTC and its Committees’’) by the in response to appropriately filed initiated sunset reviews of these orders February 16, 1999, deadline. We also requests for review. by publishing notice of the initiation in received a complete substantive the Federal Register (64 FR 4840, response from the FTC and its Dated: August 30, 1999. February 1, 1999). In addition, as a Committees by the March 3, 1999, Robert S. LaRussa, courtesy to interested parties, the deadline (see section 351.218(d)(1)(i) of Assistant Secretary for Import Department sent letters, via certified Procedures for Conducting Five-year Administration. and registered mail, to each party listed (‘‘Sunset’’) Reviews of Antidumping and [FR Doc. 99–23036 Filed 9–2–99; 8:45 am] on the Department’s most current Countervailing Duty Orders, 63 FR BILLING CODE 3510±DS±M service list for this proceeding to inform 13520 (March 20, 1998) (‘‘Sunset them of the automatic initiation of a Regulations’’)). sunset review on each of these orders. On August 27, 1999, we received a DEPARTMENT OF COMMERCE In the sunset reviews of these orders, notice from the FTC and its Committees we received notices of intent to International Trade Administration withdrawing in full their participation participate from Mr. Timothy Haley, in the five-year (sunset) review of the February 1999 Sunset Reviews: Final President of Pikes Peak Greenhouses, antidumping duty order on fresh cut Results and Revocations the Floral Trade Council (‘‘FTC’’), the flowers from Ecuador. The FTC and its FTC’s Committee on Standard Committees further expressed that they AGENCY: Import Administration, Carnations, Committee on Standard no longer have an interest in International Trade Administration, Chrysanthemums, and Committee on maintaining the antidumping duty Department of Commerce. Pompom Chrysanthemums (collectively, order. As a result, the Department ACTION: Notice of final results of sunset ‘‘the FTC and its Committees’’) by the determined that no domestic party reviews and revocations of antidumping February 16, 1999, deadline. We also intends to participate in the sunset duty orders: standard carnations from received complete substantive response review and, on August 30, 1999, we Chile (A–337–602), fresh cut flowers from the FTC and its Committees by the

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March 3, 1999, deadline (see section to appropriately filed requests for (‘‘Sunset’’) Reviews of Antidumping and 351.218(d)(1)(i) of Procedures for review. Countervailing Duty Orders, 63 FR Conducting Five-year (‘‘Sunset’’) These five-year (‘‘sunset’’) reviews 13516 (March 20, 1998) (‘‘Sunset Reviews of Antidumping and and this notice are in accordance with Regulations’’). Guidance on Countervailing Duty Orders, 63 FR sections 751(c), 752, and 777(i)(1) of the methodological or analytical issues 13520 (March 20, 1998) (‘‘Sunset Act. relevant to the Department’s conduct of Regulations’’)). Dated: August 30, 1999. sunset reviews is set forth in the On August 30, 1999, we received Department’s Policy Bulletin 98:3— Robert S. LaRussa, notice from the FTC and its Committees Policies Regarding the Conduct of Five- withdrawing in full their participation Assistant Secretary for Import year (‘‘Sunset’’) Reviews of Administration. in the five-year (sunset) reviews of these Antidumping and Countervailing Duty antidumping and countervailing duty [FR Doc. 99–23037 Filed 9–2–99; 8:45 am] Orders; Policy Bulletin, 63 FR 18871 orders on flowers. The FTC and its BILLING CODE 3510±DS±P (April 16, 1998) (‘‘Sunset Policy Committees further expressed that they Bulletin’’). no longer have an interest in maintaining the antidumping and DEPARTMENT OF COMMERCE Scope This order covers shipments of brass countervailing duty orders discussed International Trade Administration above. As a result, the Department sheet and strip, other than leaded and determined that no domestic party [A±475±601] tinned, from Italy. The chemical intends to participate in the sunset composition of the covered products is reviews and, on August 30, 1999, we Final Results of Expedited Sunset currently defined in the Copper notified the International Trade Review: Brass Sheet and Strip From Development Association (‘‘C.D.A.’’) Commission that we intended to issue Italy 200 Series or the Unified Numbering System (‘‘U.N.S.’’) C2000. This review final determinations revoking these AGENCY: Import Administration, antidumping and countervailing duty International Trade Administration, does not cover products with chemical compositions that are defined by orders. Department of Commerce. anything other than either the C.D.A. or Determination To Revoke ACTION: Notice of Final Results of U.N.S. series. In physical dimensions, Pursuant to section 751(c)(3)(A) of the Expedited Sunset Review: Brass Sheet the products covered by this review Act and section 351.218(d)(1)(iii)(B)(3) and Strip from Italy. have a solid rectangular cross section of the Sunset Regulations, if no SUMMARY: On February 1, 1999, the over .0006 inches (.15 millimeters) domestic interested party responds to Department of Commerce (‘‘the through .1888 inches (4.8 millimeters) the notice of initiation, the Department Department’’) initiated a sunset review in finished thickness or gauge, shall issue a final determination, within of the antidumping order on brass sheet regardless of width. Coiled, wound-on- 90 days after the initiation of the review, and strip from Italy (64 FR 4840) reels (traverse wound), and cut-to-length revoking the finding or order or pursuant to section 751(c) of the Tariff products are included. The merchandise terminating the suspended is currently classified under Act of 1930, as amended (the ‘‘Act’’). On investigation. Because the FTC and its Harmonized Tariff Schedule (‘‘HTS’’) the basis of a notice of intent to Committees withdrew both their notices item numbers 7409.21.00.50, participate and adequate substantive of intent to participate and their 7409.21.00.75, 7409.21.00.90, response filed on behalf of domestic complete substantive responses from the 7409.29.00.50, 7409.29.00.75, and interested parties and inadequate review process, and no other domestic 7409.29.0090. The HTS numbers are response (in this case, no response) from interested party filed a substantive provided for convenience and U.S. respondent interested parties, the response in any of these reviews (see Customs purposes. The written Department determined to conduct an sections 351.218(d)(1)(i) and description remains dispositive. expedited review. As a result of this 351.218(d)(3) of the Sunset Regulations), review, the Department finds that History of the Order we are revoking these antidumping and revocation of the antidumping duty countervailing duty orders. The antidumping duty order on brass order would be likely to lead to sheet and strip from Italy was published Effective Date of Revocation and continuation or recurrence of dumping in the Federal Register on March 6, Termination at the levels indicated in the ‘‘Final 1987 (52 FR 6997). In that order, the Pursuant to section 751(c)(6)(A)(iv) of Result of Review’’ section of this notice. Department estimated that the the Act, the Department will instruct the FOR FURTHER INFORMATION CONTACT: Eun weighted-average dumping margins for United States Customs Service to W. Cho or Melissa G. Skinner, Office of all entries of brass sheet and strip from terminate the suspension of liquidation Policy for Import Administration, Italy was 12.08 percent.1 While of the merchandise subject to these International Trade Administration, amending the order, on April 8, 1987 orders entered, or withdrawn from U.S. Department of Commerce, 14th (52 FR 11299), the Department lowered warehouse, on or after January 1, 2000. Street and Constitution Avenue, NW., the weighted-average margin for La Entries of subject merchandise prior to Washington, D.C. 20230; telephone: Metalli Industries, SpA (‘‘LMI’’) and the effective date of revocation will (202) 482–1698 or (202) 482–1560, ‘‘all-others’’ to 9.74 percent.2 In another continue to be subject to suspension of respectively. 1 liquidation and antidumping or EFFECTIVE DATE: September 3, 1999. In the original determination, the only subject of countervailing duty deposit the investigation was La Metalli Industriale SpA Statute and Regulations (‘‘LMI’’) because, according to the Department, LMI requirements. The Department will represented ‘‘virtually all exports’’ of the subject complete any pending administrative This review was conducted pursuant merchandise to the United States, see Final reviews of these orders and will conduct to sections 751(c) and 752(c) of the Act. Determination of Sales at Less Than Fair Value: Brass Sheet and Strip From Italy, 52 FR 816 administrative reviews of subject The Department’s procedures for the (January 9, 1987). merchandise entered prior to the conduct of sunset reviews are set forth 2 See Amendment to Final Determination of Sales effective date of revocation in response in Procedures for Conducting Five-Year at Less Than Fair Value: Brass Sheet and Strip

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48349 amendment, on May 21, 1991 (56 FR domestic like products. Moreover, Determination 23272), the Department further lowered American Brass, PMX, and Wieland In accordance with section 751(c)(1) the weighted-average margin to 5.44 stipulate that they have had experience 3 of the Act, the Department conducted percent. Since that time, the of importing the subject merchandise this review to determine whether Department has completed three and/or the domestic like products. 4 revocation of the antidumping order administrative reviews. The order We received a complete substantive would be likely to lead to continuation remains in effect for all manufacturers response from the domestic interested or recurrence of dumping. Section and exporters of the subject parties on March 3, 1999, within the 30- 752(c) of the Act provides that, in merchandise. day deadline specified in the Sunset making this determination, the Background Regulations under section Department shall consider the weighted- 351.218(d)(3)(i). In their substantive On February 1, 1999, the Department average dumping margins determined in initiated a sunset review of the response, the domestic interested the investigation and subsequent antidumping order on brass sheet and parties indicate that most of their reviews and the volume of imports of strip from Italy (64 FR 4840), pursuant members were parties to the original the subject merchandise for the period to section 751(c) of the Act. The investigation with a few exceptions: before and the period after the issuance Department received a Notice of Intent Heyco did not participate in the original of the antidumping order, and shall to Participate on behalf of Heyco Metals, investigation but fully supports the provide to the International Trade Inc. (‘‘Heyco’’), Hussey Copper Ltd. instant review, and PMX was Commission (‘‘the Commission’’) the (‘‘Hussey’’), Olin Corporation-Brass established after the original petitions magnitude of the margin of dumping Group (‘‘Olin’’), Outokumpu American were filed. The domestic parties also likely to prevail if the order is revoked. Brass (‘‘OAB’’), PMX Industries, Inc. note that OAB was formerly known as The Department’s determinations (‘‘PMX’’), Revere Copper Products, Inc. American Brass Company. concerning continuation or recurrence (‘‘Revere’’), the International We did not receive a substantive of dumping and the magnitude of the Association of Machinists and response from any respondent margin are discussed below. In addition, Aerospace Workers, the United Auto interested party to this proceeding. As a domestic interested parties’ comments Workers (Local 2367), and the United result, pursuant to 19 CFR with respect to continuation or Steelworkers of America (AFL/CIO) 351.218(e)(1)(ii)(C), the Department recurrence of dumping and the (collectively the ‘‘domestic interested determined to conduct an expedited, magnitude of the margin are addressed parties’’) on February 16, 1999, within 120-day, review of this order.5 within the respective sections below. the deadline specified in section In accordance with section Continuation or Recurrence of 351.218(d)(1)(i) of the Sunset 751(c)(5)(C)(v) of the Act, the Dumping Regulations. The domestic interested Department may treat a review as Drawing on the guidance provided in parties claimed interested party status extraordinarily complicated if it is a under sections 771(9)(C) and 771(9)(D) the legislative history accompanying the review of a transition order—an order Uruguay Round Agreements Act of the Act as U.S. brass mills, rerollers, which was in effect on January 1, 1995, and unions whose workers are engaged (‘‘URAA’’), specifically the Statement of see section 751(c)(6)(C) of the Act. The Administrative Action (‘‘the SAA’’), in the production of subject brass sheet Department determined that the sunset and strip in the United States. H.R. Doc. No. 103–316, vol. 1 (1994), the review of the antidumping duty order House Report, H.R. Rep. No. 103–826, In their Notice of Intent to Participate, on brass sheet and strip from Italy is while indicating that Heyco, Hussey, pt.1 (1994), and the Senate Report, S. extraordinarily complicated. Therefore, Rep. No. 103–412 (1994), the Olin, and Revere are not related to a on June 7, 1999, the Department foreign producer or a foreign exporter Department issued its Sunset Policy extended the time limit for completion under section 771(4)(B) of the Act, the Bulletin providing guidance on of the preliminary results of this review domestic interested parties acknowledge methodological and analytical issues, until not later than August 30, 1999, in that OAB is related to Outokumpu including the bases for likelihood accordance with section 751(c)(5)(B) of Copper Strip BV and Outokumpu determinations. In its Sunset Policy the Act.6 Copper Rolled Products AB (‘‘OBV’’), a Bulletin, the Department indicated that Dutch and Swedish producer/exporter determinations of likelihood will be of the subject merchandise, respectively; 5 The domestic interested parties filed comments, made on an order-wide basis (see pertaining to the Department’s decision to conduct PMX is related to Poongsan Corp., a an expedited (120-day) sunset review for the section II.A.2). In addition, the Korean producer of the domestic like present review, in which the domestic parties Department indicated that normally it products; and Wieland is related to concurred with the Department’s decision, see May will determine that revocation of an Wieland Werke Metallwerke AG, a 12, 1999 the domestic interested parties’ comments antidumping order is likely to lead to on the Adequacy of Responses and the German producer and exporter of the Appropriateness of Expedited Sunset Review at 2. continuation or recurrence of dumping 6 See Porcelain-on-Steel Cooking Ware From the where (a) dumping continued at any From Italy and Amendment to Antidumping Duty People’s Republic of China, Porcelain-on-Steel level above de minimis after the Order, 52 FR 11299 (April 8, 1987). This downward Cooking Ware From Taiwan, Top-of-the-Stove issuance of the order, (b) imports of the adjustment was due to ministerial errors. Stainless Steel Cooking Ware From Korea (South) 3 See Amendment to Final Determination of Sales (AD & CVD), Top-of-the-Stove Stainless Steel subject merchandise ceased after the at Less Than Fair Value and Amendment of Cooking Ware From Taiwan (AD & CVD), Standard issuance of the order, or (c) dumping Antidumping Duty Order in Accordance with Carnations From Chile (AD & CVD), Fresh Cut was eliminated after the issuance of the Decision Upon Remand: Brass Sheet and Strip from Flowers From Mexico, Fresh Cut Flowers From order and import volumes for the Italy, 56 FR 23272 (May 21, 1991). This amendment Ecuador, Brass Sheet and Strip From Brazil (AD & reflects a decision by the United States Court of CVD), Brass Sheet and Strip From Korea (South), subject merchandise declined Appeals for the Federal Circuit. Brass Sheet and Strip From France (AD & CVD), significantly (see section II.A.3). 4 See, Certain Brass Sheet and Strip From Italy; Brass Sheet and Strip From Germany, Brass Sheet In addition to considering the Final Results of Antidumping Duty Administrative and Strip From Italy, Brass Sheet and Strip From guidance on likelihood cited above, Review, 57 FR 9325 (March 17, 1992); and Brass Sweden, Brass Sheet and Strip From Japan, section 751(c)(4)(B) of the Act provides Sheet and Strip From Italy; Final Results of Pompon Chrysanthemums From Peru: Extension of Antidumping Duty Administrative Review, Time Limit for Final Results of Five-Year Reviews, that the Department shall determine that November 23, 1992 (57 FR 54969). 64 FR 30305 (June 7, 1999). revocation of an order is likely to lead

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.152 pfrm08 PsN: 03SEN1 48350 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices to continuation or recurrence of the Department may reasonably infer not specifically investigated or for dumping where a respondent interested that dumping would continue were the companies that did not begin shipping party waives its participation in the discipline removed. After examining the until after the order was issued, the sunset review. In the instant review, the published findings with respect to Department normally will provide a Department did not receive a response weighted-average dumping margins in margin based on the ‘‘all others’’ rate from any respondent interested party. previous administrative reviews, the from the investigation. (See section Pursuant to section 351.218(d)(2)(iii) of Department agrees with the domestic II.B.1 of the Sunset Policy Bulletin.) the Sunset Regulations, this constitutes interested parties that weighted-average Exceptions to this policy include the a waiver of participation. dumping margins at a level above de use of a more recently calculated In their substantive response, the minimis have persisted over the life of margin, where appropriate, and domestic interested parties contend that the order and currently remain in place consideration of duty absorption revocation of the order will likely lead for all Italian producers and exporters of determinations. (See sections II.B.2 and to continuation or recurrence of brass sheet and strip.7 3 of the Sunset Policy Bulletin.) dumping of brass sheet and strip from With respect to the import volumes of The Department, in its final Italy (see March 3, 1999 Substantive the subject merchandise, the data determination of sales at less than fair Response of the domestic interested supplied by the domestic interested value, published a weighted-average parties at 31). In support of their parties and those of the United States dumping margin for all entries of brass argument, the domestic interested Census Bureau IM146s and the United sheet and strip from Italy: 12.08 percent, parties point out, first, that import Stated International Trade Commission 52 FR 816 (January 9, 1987). This rate volumes of the subject merchandise indicate that, since the imposition of the was amended twice: first to 9.74 percent have declined dramatically since the order, the import volumes of the subject and then amended once again to 5.44 issuance of the order, and that dumping merchandise have declined percent.8 There have also been three of the subject merchandise has substantially: the import volume in administrative reviews.9 We note that, continued and is presently persisting 1987 was just over 3 million pounds, to date, the Department has not issued above the de minimis level, id. 39–40. down from over 7 million pounds in any duty absorption findings in this As a result, the domestic interested 1986. In 1988, the import volume of the case. parties conclude, dumping will subject merchandise fell even further, to While citing section II.B.2 of Sunset continue were the order revoked. slightly over 800,000 pounds. Moreover, Policy Bulletin, which allows the Next, with respect to import volumes for the period (1994–1998), although Department to choose a more recently of the subject merchandise, the imports of the subject merchandise calculated margin if a particular domestic interested parties compare a fluctuated, the import volumes have company increases its dumping in order three-year (1983–1985) average import never risen in any substantial amount to maintain or increase market share, volume prior to the issuance of the and continue to remain relatively low. the domestic interested parties urge the order with a three-year (1987–1989) Therefore, the Department determines Department to supply the Commission average import volume subsequent to that the import volumes of the subject the margins from the most recent the order: 7.6 million pounds verses 1.4 merchandise decreased significantly administrative review: 9.49 percent for million pounds—an 81.5 percent after the issuance of the order. both LMI and all-others. decline. In addition, the domestic Given that dumping has continued The Department disagrees with the interested parties emphasize that since over the life of the order; that the import domestic interested parties’ suggestion 1988, imports of the subject volumes of the subject merchandise that the Department should select a merchandise have never exceeded decreased significantly after the more recently calculated margin from 810,000 pounds annually, id. issuance of the order; that respondent the most recent administrative review. In conclusion, the domestic interested interested parties have waived their The continuous and rather consistent parties urge that the Department should right to participate in this review; and decline of the import volumes of the find dumping would be likely to that there are no arguments and/or subject merchandise, since the issuance continue if the order is revoked because evidence to the contrary, the of the order, evinces that Italian dumping margins have existed Department agrees with the domestic producers/exporters have not really significantly above the de minimis level interested parties’ contention that attempted to enhance their market share over the life of the order for all Italian producers/exporters are in the United States by increasing producers/exporters of the subject incapable of selling a substantial dumping. Furthermore, the fluctuations merchandise, and because imports of quantity of the subject merchandise in that have occurred in import volumes the subject merchandise have declined the United States at fair value. since the imposition of the order simply dramatically since the imposition of the Consequently, the Department manifest a downward trend rather than order. The aforementioned two determines that dumping is likely to illustrate a concerted attempt by Italian circumstances, according to the continue if the order is revoked. domestic interested parties, provide a producers/exporters to expand market strong indication that the Italian Magnitude of the Margin share by increasing dumping. Therefore, producers/exporters are unable to sell in In the Sunset Policy Bulletin, the the Department sees no reason to the United States without dumping; Department stated that it will normally deviate from its normal pattern of namely, Italian producers/exporters are provide to the Commission the margin selecting the rate from the original likely to dump were the order revoked. that was determined in the final As indicated in section II.A.3 of the determination in the original 8 See Amendment to Final Determination of Sales at Less Than Fair Value: Brass Sheet and Strip Sunset Policy Bulletin, the SAA at 890, investigation. Further, for companies From Italy and Amendment to Antidumping Duty and House Report at 63–64, the Order, 52 FR 11299 (April 8, 1987); and Department considered whether 7 See footnote 4, supra, for the list of final Amendment to Final Determination of Sales at Less dumping continued at any level above determinations of administrative reviews in which Than Fair Value and Amendment to Antidumping the Department found above de minimis weighted- Duty Order in Accordance with Decision Upon de minimis after the issuance of the average margins for Italian producers/exporters in Remand: Brass Sheet and Strip From Italy, 56 FR order. If companies continue dumping all periods of investigation. Also, see domestic 23272 (May 21, 1991). with the discipline of an order in place, interest parties substantive response at 39–40. 9 See footnote 4, supra.

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.153 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48351 investigation and, consequently, the antidumping duty orders on brass anything other than C.D.A. or U.N.S. determines that the rate from the sheet and strip from Brazil, France and series. The merchandise is currently original investigation, as amended, is Korea (64 FR 4840) pursuant to section classified under Harmonized Tariff the proper one to report to the 751(c) of the Tariff Act of 1930, as Schedule (‘‘HTS’’) item numbers Commission as the rate that is likely to amended (‘‘the Act’’). On the basis of 7409.21.00 and 7409.29.00. The HTS prevail if the order is revoked. the notices of intent to participate and item numbers are provided for Therefore, the Department will report to adequate substantive responses filed on convenience and customs purposes. The the Commission the company-specific behalf of domestic interested parties and written description remains dispositive. and all-others rates contained in the inadequate responses (in these cases, no These reviews cover all producers and Final Results of Review section of this responses) from respondent interested exporters of brass sheet and strip from notice. parties, the Department determined to Brazil, France and Korea. conduct expedited reviews. As a result Final Results of Review History of the Orders of these reviews, the Department finds As a result of this review, the that revocation of the antidumping duty In the original investigations, covering Department finds that revocation of the orders would be likely to lead to the period October 1, 1985, through antidumping order would likely lead to continuation or recurrence of dumping March 31, 1986, the Department continuation or recurrence of dumping at the levels indicated in the Final determined the average margin for at the margins listed below: Results of Review section of this notice. Eluma Corporation, the Brazilian company investigated, to be 40.62 FOR FURTHER INFORMATION CONTACT: Margin percent ad valorem (52 FR 1214; Manufacturer/exporter (percent) Kathryn B. McCormick or Melissa G. January 12, 1987). On March 6, 1987, Skinner, Office of Policy for Import the Department determined the La Metalli Industriale SpA ...... 5.44 Administration, International Trade weighted-average margin for All Others ...... 5.44 Administration, U.S. Department of Trefimetaux S.A., the French company Commerce, 14th Street and Constitution investigated, to be 42.24 percent ad This notice serves as the only Avenue, NW, Washington, D.C. 20230; valorem (52 FR 6995). There was one reminder to parties subject to telephone: (202) 482–5050 or (202) 482– scope ruling (59 FR 54888; November 2, administrative protective order (APO) of 1560, respectively. 1994) in which the Department their responsibility concerning the EFFECTIVE DATE: September 3, 1999. determined that brass circles from Brazil disposition of proprietary information Statute and Regulations that were imported for use in the disclosed under APO in accordance production of vent valves for air with 19 CFR 351.305 of the These reviews were conducted ventilation in boiler systems were Department’s regulations. Timely pursuant to sections 751(c) and 752 of outside the scope of the order (id.). notification of return/destruction of the Act. The Department’s procedures There have been no administrative APO materials or conversion to judicial for the conduct of sunset reviews are set reviews of the Brazilian and French protective order is hereby requested. forth in Procedures for Conducting Five- orders. Failure to comply with the regulations year (‘‘Sunset’’) Reviews of On January 12, 1987, the Department and the terms of an APO is a Antidumping and Countervailing Duty determined the weighted-average sanctionable violation. Orders, 63 FR 13516 (March 20, 1998) margin for Poongsan Metal Corporation This five-year (‘‘sunset’’) review and (‘‘Sunset Regulations’’). Guidance on (‘‘Poongsan’’), the Korean company notice are in accordance with sections methodological or analytical issues investigated, to be 7.17 percent ad 751(c), 752, and 777(i)(1) of the Act. relevant to the Department’s conduct of valorem (52 FR 1215). In the only Dated: August 30, 1999. sunset reviews is set forth in the administrative review of this order, Robert S. LaRussa, Department’s Policy Bulletin 98:3— covering the period August 22, 1986, 1 Assistant Secretary for Import Policies Regarding the Conduct of Five- through December 31, 1987, the Administration. year (‘‘Sunset’’) Reviews of Department determined that a margin of 7.34 percent exists for Poongsan. [FR Doc. 99–23042 Filed 9–2–99; 8:45 am] Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 The orders cited above remain in BILLING CODE 3510±DS±P (April 16, 1998) (‘‘Sunset Policy effect for all Brazilian, French and Bulletin’’). Korean producers and exporters, respectively, of the subject merchandise. DEPARTMENT OF COMMERCE Scope Background International Trade Administration These orders cover shipments of coiled, wound-on-reels (traverse On February 1, 1999, the Department [A±351±603; A±427±602; A±580±603] wound), and cut-to-length brass sheet initiated sunset reviews of the antidumping duty orders on brass sheet Final Results of Expedited Sunset and strip (not leaded or tinned) from Brazil, France and Korea. The subject and strip from Brazil, France and Korea Reviews: Brass Sheet and Strip From (64 FR 4840), pursuant to section 751(c) Brazil, France and Korea merchandise has, regardless of width, a solid rectangular cross section over of the Act. The Department received a AGENCY: Import Administration, 0.0006 inches (0.15 millimeters) through Notice of Intent to Participate in each of International Trade Administration, 0.1888 inches (4.8 millimeters) in these reviews on behalf of Heyco Department of Commerce finished thickness or gauge. The Metals, Inc. (‘‘Heyco’’), Hussey Copper Ltd. (‘‘Hussey’’), Olin Corporation-Brass ACTION: Notice of final results of chemical composition of the covered products is defined in the Copper Group (‘‘Olin’’), Outokumpu American expedited sunset reviews: brass sheet Brass (‘‘Outokumpu’’), PMX Industries, and strip from Brazil, France and Korea. Development Association (‘‘C.D.A.’’) 200 Series or the Unified Numbering 1 SUMMARY: On February 1, 1999, the See Brass Sheet and Strip from the Republic of System (‘‘U.N.S.’’) C2000; these reviews Korea; Final Results of Antidumping Duty Department of Commerce (‘‘the do not cover products with chemical Administrative Review, 54 FR 33257 (August 14, Department’’) initiated sunset reviews of compositions that are defined by 1989).

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Inc. (‘‘PMX’’), Revere Copper Products, Determination subject merchandise declined Inc. (‘‘Revere’’), the International significantly (see section II.A.3). Association of Machinists and In accordance with section 751(c)(1) In addition to considering the Aerospace Workers, the United Auto of the Act, the Department conducted guidance on likelihood cited above, Workers (Local 2367), and the United these reviews to determine whether section 751(c)(4)(B) of the Act provides Steelworkers of America (AFL/CIO– revocation of the antidumping orders that the Department shall determine that CLC) (hereinafter, collectively would be likely to lead to continuation revocation of an order is likely to lead ‘‘domestic interested parties’’) on or recurrence of dumping. Section to continuation or recurrence of February 16, 1999, within the deadline 752(c) of the Act provides that, in dumping where a respondent interested specified in section 351.218(d)(1)(i) of making these determinations, the party waives its participation in the the Sunset Regulations.2 In their Department shall consider the weighted- sunset review. In these instant reviews, substantive responses, the domestic average dumping margins determined in the Department did not receive a interested parties claimed interested- the investigations and subsequent response from any respondent party status under sections 771(9)(C) reviews and the volume of imports of interested party. Pursuant to section and (D) of the Act as domestic brass the subject merchandise for the period 351.218(d)(2)(iii) of the Sunset mills, rerollers, and unions engaged in before and the period after the issuance Regulations, this constitutes a waiver of the production of brass sheet and strip. of the antidumping duty orders, and it participation. Further, with the exception of Heyco shall provide to the International Trade In their substantive responses, the and PMX, all of the aforementioned Commission (‘‘the Commission’’) the domestic interested parties argue that parties were the original petitioners in magnitude of the margin of dumping revocation of the orders will likely lead these cases. likely to prevail if the order is revoked. to continuation or recurrence of We received complete substantive The Department’s determinations dumping of brass sheet and strip from responses from domestic interested concerning continuation or recurrence Brazil, France and Korea (see March 3, parties for each of these reviews on of dumping and the magnitude of the 1999 Substantive Response of domestic March 3, 1999, within the 30-day margin are discussed below. In addition, interested parties for Brazil, France and deadline specified in the Sunset the domestic interested parties’ Korea at 34, 37–38 and 41–42, Regulations under section comments with respect to continuation respectively). With respect to whether 351.218(d)(3)(i); we did not receive a or recurrence of dumping and the dumping of subject merchandise substantive response from any magnitude of the margin are addressed continued at any level above de government or respondent interested within the respective sections below. minimis, the domestic interested parties party in these proceedings. As a result, do not comment. However, they note pursuant to 19 CFR 351.218(e)(1)(ii)(C), Continuation or Recurrence of that the Department has not conducted the Department determined to conduct Dumping any administrative reviews of the orders expedited, 120-day, reviews of these covering subject merchandise from Drawing on the guidance provided in Brazil and France. orders. the legislative history accompanying the The Department determined that the With respect to whether imports of Uruguay Round Agreements Act subject merchandise ceased after the sunset reviews of the antidumping duty (‘‘URAA’’), specifically the Statement of orders on brass sheet and strip from issuance of the orders, the domestic Administrative Action (‘‘the SAA’’), interested parties assert that, although Brazil, France and Korea are H.R. Doc. No. 103–316, vol. 1 (1994), the extraordinarily complicated. In imports of Brazilian and French brass House Report, H.R. Rep. No. 103–826, sheet and strip dropped significantly, accordance with 751(c)(5)(C)(v) of the pt.1 (1994), and the Senate Report, S. Act, the Department may treat a review they have not been eliminated since the Rep. No. 103–412 (1994), the imposition of dumping duties under as extraordinarily complicated if it is a Department issued its Sunset Policy review of a transition order (i.e., an their orders in 1988 and 1987, Bulletin providing guidance on respectively, and continue to remain at order in effect on January 1, 1995). (See methodological and analytical issues, a very low levels (see March 3, 1999, section 751(c)(6)(C) of the Act.) including the bases for likelihood Substantive Response of domestic Therefore, on June 7, 1999, the determinations. In its Sunset Policy interested parties for Brazil, France and Department extended the time limit for Bulletin, the Department indicated that Korea at 34, 37–38 and 41–42, completion of the final results of these determinations of likelihood will be respectively). Korean imports have been reviews until not later than August 30, made on an order-wide basis (see almost non-existent since the 1986 1999, in accordance with section section II.A.2). In addition, the order, and annual volumes have never 751(c)(5)(B) of the Act.3 Department indicated that normally it risen to a level even close to one percent will determine that revocation of an of their pre-petition average (id.). 2 PMX Industries, Inc., is a wholly owned subsidiary of Poongsan Metal Corporation, the antidumping duty order is likely to lead With respect to whether dumping was respondent covered by the Korean antidumping to continuation or recurrence of eliminated after the issuance of the order. PMX indicated that it does not support the dumping where (a) dumping continued orders and import volumes declined continuation of the antidumping duty order against at any level above de minimis after the significantly, the domestic interested Korea. See Substantive Response of the domestic interested parties, March 3, 1999, at 3 (footnote 2) issuance of the order, (b) imports of the parties, citing Commerce IM146 reports, and 6. subject merchandise ceased after the assert that, for each of these countries, 3 See Porcelain-on-Steel Cooking Ware From the issuance of the order, or (c) dumping the imposition of the order was People’s Republic of China, Porcelain-on-Steel was eliminated after the issuance of the followed by a significant decrease in the Cooking Ware From Taiwan, Top-of-the-Stove order and import volumes for the Stainless Steel Cooking Ware From Korea (South) average volume of imports. In the three (AD & CVD), Top-of-the-Stove Stainless Steel years following the petitioners’ filings, Cooking Ware From Taiwan (AD & CVD), Standard Brass Sheet and Strip From Germany, Brass Sheet the volume of Brazilian imports was 97 Carnations From Chile (AD &CVD), Fresh Cut and Strip From Italy, Brass Sheet and Strip From percent lower than that of the pre- Flowers From Mexico, Fresh Cut Flowers From Sweden, Brass Sheet and Strip From Japan, Ecuador, Brass Sheet and Strip From Brazil (AD & Pompon Chrysanthemums From Peru: Extension of petition period (see March 3, 1999, CVD), Brass Sheet and Strip From Korea (South), Time Limit for Final Results of Five-Year Reviews, Substantive Response of domestic Brass Sheet and Strip From France (AD & CVD), 64 FR 30305 (June 7, 1999). interested parties at 34); for France, the

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Further, for companies there have been no administrative decreased by 83 percent of their pre- not specifically investigated or for reviews of the orders on Brazil and petition levels (id. at 41–42). companies that did not begin shipping France and considering that dumping In conclusion, the domestic interested until after the order was issued, the has continued over the life of the orders, parties argue that the Department Department normally will provide a the rates from the original investigations should determine that there is a margin based on the ‘‘all others’’ rate are the only ones available to the likelihood of continuation or recurrence from the investigation (see section II.B.1 Department. of dumping in each of these cases if the of the Sunset Policy Bulletin). With respect to Korean exporters and orders were revoked because dumping Exceptions to this policy include the producers, the Department disagrees margins have existed over the lives of use of a more recently calculated with the domestic interested parties’ the orders and continue to exist at above margin, where appropriate, and argument that, since Poongsan has de minimis levels for all producers and consideration of duty-absorption continued to dump at the slightly higher exporters of the subject merchandise, determinations (see sections II.B.2 and 3 margin of 7.34 percent, the more recent and because imports of the subject of the Sunset Policy Bulletin). margin is the appropriate rate to present merchandise have declined dramatically In its November 10, 1986, final to the Commission. The Sunset Policy since the imposition of the orders, determination of sales at less than fair Bulletin states that a company may As discussed in section II.A.3 of the value, the Department published a choose to increase dumping in order to Sunset Policy Bulletin, the SAA at 890, weighted-average dumping margin for maintain or increase market share. As a and the House Report at 63–64, if one Brazilian producer/exporter of the result, increasing margins may be more companies continue dumping with the subject merchandise, Eluma representative of a company’s behavior discipline of an order in place, the Corporation, of 40.62 percent (51 FR in the absence of an order. 4 In this case, Department may reasonably infer that 40831). The Department also published Korean imports have been declining dumping would continue if the an ‘‘all others’’ rate of 40.62 percent. since the imposition of the order. discipline were removed. Dumping Similarly, the Department published a Additionally, the domestic interested margins presently remain in place for dumping margin for one French parties do not argue that Poongsan is producers and exporters in each of these producer/exporter of the subject attempting to increase its market share cases and, therefore, dumping margins merchandise, Trefimetaux S.A., of 42.24 or that the company’s declining imports above de minimis levels continue to percent (52 FR 812, January 9, 1987), indicate its attempt to increase market exist for shipments of the subject and an ‘‘all others’’ rate, also 42.24 share. merchandise from all Brazilian, French percent. In its final determination of Therefore, we determine that the and Korean producers and exporters of sales at less than fair value, the margins determined in the original the subject merchandise. Department published a weighted- investigations are probative of the Consistent with section 752(c) of the average dumping margin for one Korean behavior of Brazilian, French and Act, the Department also considered the producer/exporter of the subject Korean producers and exporters of brass import volumes before and after merchandise, Poongsan Metal sheet and strip if the orders were issuance of the orders. The import Corporation, of 7.17 percent (51 FR revoked. statistics provided by the domestic 40833, November 10, 1986), and an ‘‘all industry in each of these cases others’’ rate, also 7.17 percent. In the Final Results of Reviews demonstrate that import volumes of the only administrative review of this case, As a result of these reviews, the subject merchandise declined the margin was revised upward to 7.34 Department finds that revocation of the dramatically immediately following the percent for Poongsan (54 FR 33257, antidumping duty orders would likely imposition of the orders and continue to August 14, 1989). To date, the lead to continuation or recurrence of remain at very low levels. Department has not issued any duty- dumping at the margins listed below: Based on this analysis, the absorption findings in these cases. Department finds that the existence of With respect to the orders on Brazil Margin dumping margins after the issuance of and France, the domestic interested Manufacturer/exporter (percent) these orders is highly probative of the parties argue that the Department, likelihood of continuation or recurrence consistent with the SAA and the Sunset Brazil: of dumping. Deposit rates above a de Policy Bulletin should provide to the Eluma Corporation ...... 40.62 All Others ...... 40.62 minimis level continue in effect for Commission the weighted-average France: exports of the subject merchandise for margin from the original investigations Trefimetaux, S.A...... 42.24 all producers and exporters. Therefore, as the magnitude of dumping margin All Others ...... 42.24 given that dumping has continued over likely to prevail if the order were Korea: the life of the orders, imports declined revoked (see March 3, 1999, Substantive Poongsan Metal Corporation .. 7.17 significantly, respondent interested Response of domestic interested parties All Others ...... 7.17 parties have waived their right to at 46). Moreover, the domestic participate in these reviews before the interested parties, citing the SAA at 890 This notice serves as the only Department, and absent argument and and the Sunset Policy Bulletin, note that reminder to parties subject to evidence to the contrary, the the Department normally will provide administrative protective order (‘‘APO’’) Department determines that dumping is the Commission with the dumping of their responsibility concerning the likely to continue if these orders were margins ‘‘from the investigation, disposition of proprietary information revoked. because that is the only calculated rate disclosed under APO in accordance that reflects the behavior of exporters with 19 CFR 351.305 of the Magnitude of the Margin ** * without the discipline of the Department’s regulations. Timely In the Sunset Policy Bulletin, the order * * * in place.’’ notification of return/destruction of Department states that it will normally The Department agrees with the APO materials or conversion to judicial provide to the Commission the margin domestic interested parties’ arguments that was determined in the final concerning the choice of the margin 4 See Sunset Policy Bulletin at section II.B.2

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 48354 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices protective order is hereby requested. Statute and Regulations the subject merchandise is currently Failure to comply with the regulations These reviews were conducted classifiable under HTS items and the terms of an APO is a pursuant to sections 751(c) and 752 of 8540.11.10, 8540.11.24, 8540.11.28, sanctionable violation. the Act. The Department’s procedures 8540.11.30, 8540.11.44, 8540.11.48, and We are issuing and publishing five- for the conduct of sunset reviews are set 8540.11.50. The HTS item numbers are year (‘‘sunset’’) reviews and notices in forth in Procedures for Conducting Five- provided for convenience and customs accordance with sections 751(c), 752, year (‘‘Sunset’’) Reviews of purposes only. The written description and 777(i)(1) of the Act. Antidumping and Countervailing Duty remains dispositive. These reviews cover imports from all Dated: August 30, 1999. Orders, 63 FR 13516 (March 20, 1998) manufacturers and exporters of CPTs Robert S. LaRussa, (‘‘Sunset Regulations’’). Guidance on methodological or analytical issues from Canada, Japan, Korea, and Assistant Secretary for Import Singapore. Administration. relevant to the Department’s conduct of [FR Doc. 99–23046 Filed 9–2–99; 8:45 am] sunset reviews is set forth in the History of the Orders Department’s Policy Bulletin 98:3— BILLING CODE 3510±DS±P Policies Regarding the Conduct of Five- Canada year (‘‘Sunset’’) Reviews of The Department published its final DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty affirmative determination of sales at less Orders; Policy Bulletin, 63 FR 18871 than fair value (‘‘LTFV’’) with respect to International Trade Administration (April 16, 1998) (‘‘Sunset Policy imports of CPTs from Canada on Bulletin’’). November 18, 1987 (52 FR 44161). In Final Results of Expedited Sunset this determination, the Department Reviews: Color Picture Tubes From Scope published a weighted-average dumping Canada, Japan, the Republic of Korea, The merchandise subject to these margin for one company as well as an and Singapore antidumping duty orders is color ‘‘all others’’ rate. These margins were picture tubes from Canada, Japan, the subsequently amended when the A±122±605, A±588±609, A±580±605, A±559± Republic of Korea (‘‘Korea’’), and Department issued its antidumping duty 601] Singapore. The subject merchandise is order on CPTs from Canada on January defined as cathode ray tubes suitable for 7, 1998 (53 FR 429).2 The Department AGENCY: Import Administration, use in the manufacture of color has conducted no administrative International Trade Administration, television receivers or other color reviews of this order since its Department of Commerce entertainment display devices intended imposition. The order remains in effect ACTION: Notice of Final Results of for television viewing. Where a CPT is for all manufacturers and exporters of Expedited Sunset Reviews: Color shipped and imported together with all the subject merchandise from Canada. Picture Tubes from Canada, Japan, the parts necessary for assembly into a Japan Republic of Korea, and Singapore complete television receiver (i.e., as a ‘‘kit’’), the CPT is excluded from the On November 18, 1987, the SUMMARY: On March 1, 1999, the scope of these orders. In other words, a Department issued its affirmative final Department of Commerce (‘‘the kit and a fully assembled television are determination of sales at LTFV Department’’) initiated sunset reviews of a separate class or kind of merchandise regarding CPTs from Japan (52 FR the antidumping duty orders on color from the CPT. Accordingly, the 44171). In this determination, the picture tubes (‘‘CPTs’’) from Canada, Department determined that, when Department published weighted-average Japan, the Republic of Korea, and CPTs are shipped together with other dumping margins for four companies Singapore (64 FR 9970) pursuant to parts as television receiver kits, they are and an ‘‘all others’’ rate. Two of the section 751(c) of the Tariff Act of 1930, excluded from the scope of the order. company-specific margins as well as the as amended (‘‘the Act’’). On the basis of With respect to CPTs which are ‘‘all others’’ margin were later amended notices of intent to participate and imported for customs purposes as when the antidumping order on CPTs adequate substantive comments filed on incomplete televison assemblies, we from Japan was published in the behalf of the domestic interested parties determined that these entries are Federal Register on January 7, 1988 (53 and inadequate response (in these cases, included within the scope of these FR 430). Since the order was issued, the no response) from respondent interested investigations unless both of the Department has conducted two parties, the Department determined to following criteria are met: (1) the CPT is administrative reviews with respect to conduct expedited reviews. As a result ‘‘physically integrated’’ with other CPTs from Japan.3 In both the first and of these reviews, the Department finds television receiver components in such second administrative reviews, the that revocation of the antidumping a manner as to constitute one Department calculated one company- orders would be likely to lead to inseparable amalgam and (2) the CPT specific margin and an ‘‘all others’’ rate. continuation or recurrence of dumping does not constitute a significant portion The order remains in effect for all at the levels indicated in the Final of the cost or value of the items being manufacturers and exporters of the Results of Review section of this notice. imported.1 Such merchandise was subject merchandise from Japan. FOR FURTHER INFORMATION CONTACT: classifiable under Harmonized Tariff Korea Schedule (HTS) item numbers Darla D. Brown or Melissa G. Skinner, The Department published its 8540.11.00.10, 8540.11.00.20, Office of Policy for Import affirmative final determination of sales Administration, International Trade 8540.11.00.30, 8540.11.00.40, 8540.11.00.50 and 8540.11.00.60. Administration, U.S. Department of 2 See id. Commerce, 14th Street and Constitution However, due to changes in the HTS, 3 See Color Picture Tubes from Japan; Final Avenue, NW, Washington, D.C. 20230; Results of Antidumping Duty Administrative telephone: (202) 482–3207 or (202) 482– 1 See Antidumping Duty Order and Amendment Review, 55 FR 37915 (September 14, 1990), and 1560, respectively. to Final Determination of Sales at Less Than Fair Color Picture Tubes from Japan; Final Results of Value; Color Picture Tubes From Japan, 53 FR 430 Antidumping Duty Administrative Review, 62 FR EFFECTIVE DATE: September 3, 1999. (January 7, 1988). 34201 (June 25, 1997).

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.116 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48355 at LTFV with regard to CPTs from Korea interested party status as U.S. average dumping margins determined in on November 18, 1987 (52 FR 44186). In manufacturers and unions whose the investigation and subsequent this determination, the Department workers are engaged in the production reviews and the volume of imports of published weighted-average dumping of domestic like products. Moreover, the the subject merchandise for the period margin for one company as well as an domestic interested parties stated that before and the period after the issuance ‘‘all other’’ rate. The antidumping duty both the International Brotherhood of of the antidumping order, and shall order was issued on January 7, 1988 (53 Electrical Workers and the International provide to the International Trade FR 431). The Department has since Union of Electronic, Electrical, Salaried, Commission (‘‘the Commission’’) the conducted one administrative review of Machine & Furniture Workers (AFL– magnitude of the margins of dumping the order with respect to CPTs from CIO/CLC) were petitioners in the likely to prevail if the orders were Korea.4 In this review, the Department original investigation. The Department revoked. calculated two company-specific received complete substantive responses The Department’s determinations margins, one of which was later from the domestic interested parties on concerning continuation or recurrence amended, as well as an ‘‘all others’’ rate. March 31, 1999, within the 30-day of dumping and the magnitude of the The order remains in effect for all deadline specified in the Sunset margins are discussed below. In Korean manufacturers and exporters of Regulations under section addition, the domestic interested the subject merchandise. 351.218(d)(3)(i). On March 22, 1999, the parties’ comments with respect to Department received an untimely notice continuation or recurrence of dumping Singapore of intent to participate on behalf of and the magnitude of the margins are On November 18, 1987, the Sharp Electronics Corporation in the addressed within the respective sections Department issued its final affirmative case involving CPTs from Japan. We did below. determination of sales at LTFV with not receive a substantive response from respect to imports of CPTs from Continuation or Recurrence of any respondent interested party to these Dumping Singapore (52 FR 44190). In this proceedings. On March 30, 1999, the determination, the Department Department received a waiver of Drawing on the guidance provided in published a weighted-average dumping participation on behalf of the Electronic the legislative history accompanying the margin for one company as well as an Industries Association of Korea. As a Uruguay Round Agreements Act ‘‘all others’’ rate. Since the imposition of result, pursuant to 19 CFR (‘‘URAA’’), specifically the Statement of the order, no administrative reviews of 351.218(e)(1)(ii)(C), the Department Administrative Action (‘‘the SAA’’), the antidumping order on CPTs determined to conduct expedited, 120- H.R. Doc. No. 103–316, vol. 1 (1994), the Singapore have been conducted. The day reviews of these orders. House Report, H.R. Rep. No. 103–826, order remains in effect for all The Department determined that the pt.1 (1994), and the Senate Report, S. manufacturers and exporters of the sunset reviews of the antidumping duty Rep. No. 103–412 (1994), the subject merchandise from Singapore. orders on CPTs from Canada, Japan, Department issued its Sunset Policy On March 7, 1991, the Department Korea, and Singapore are extraordinarily Bulletin providing guidance on published a negative final determination complicated. In accordance with section methodological and analytical issues, of circumvention of the antidumping 751(c)(5)(C)(v) of the Act, the including the bases for likelihood duty orders on CPTs from Canada, Department may treat a review as determinations. In its Sunset Policy Japan, Korea, and Singapore (56 FR extraordinarily complicated if it is a Bulletin, the Department indicated that 9667). review of a transition order (i.e., an determinations of likelihood will be made on an order-wide basis (see Background order in effect on January 1, 1995). (See section 751(c)(6)(C) of the Act.) section II.A.2). In addition, the On March 1, 1999, the Department Therefore, on July 6, 1999, the Department indicated that it normally initiated sunset reviews of the Department extended the time limit for will determine that revocation of an antidumping duty orders on CPTs from completion of the final results of these antidumping duty order is likely to lead Canada, Japan, Korea, and Singapore (64 reviews until not later than August 30, to continuation or recurrence of FR 9970), pursuant to section 751(c) of 1999, in accordance with section dumping where (a) dumping continued the Act. The Department received 751(c)(5)(B) of the Act.5 at any level above de minimis after the Notices of Intent to Participate, in each issuance of the order, (b) imports of the of the four sunset reviews, on behalf of Determination subject merchandise ceased after the Philips Display Components Company, In accordance with section 751(c)(1) issuance of the order, or (c) dumping Thomson Americas Tube Operations, of the Act, the Department conducted was eliminated after the issuance of the the International Brotherhood of these reviews to determine whether order and import volumes for the Electrical Workers and the International revocation of the antidumping duty subject merchandise declined Union of Electronic, Electrical, Salaried, orders would be likely to lead to significantly (see section II.A.3). Machine & Furniture Workers (AFL– continuation or recurrence of dumping. In addition to considering the CIO/CLC) (collectively, ‘‘domestic Section 752(c) of the Act provides that, guidance on likelihood cited above, interested parties’’), on March 16, 1999, in making these determinations, the section 751(c)(4)(B) of the Act provides within the deadline specified in section Department shall consider the weighted- that the Department shall determine that 351.218(d)(1)(i) of the Sunset revocation of the order would be likely Regulations. Pursuant to sections 5 See Solid Urea From Armenia, Solid Urea From to lead to continuation or recurrence of 771(9)(C) and (D) of the Act, the Belarus, Solid Urea From Estonia, Solid Urea From dumping where a respondent interested Lithuania, Solid Urea From Romania, Solid Urea domestic interested parties claimed From Russia, Solid Urea From Tajikistan, Solid party waives its participation in the Urea From Turkmenistan, Solid Urea From sunset review. In these instant reviews, 4 See Color Picture Tubes from South Korea; Final Ukraine, Solid Urea From Uzbekistan, Color Picture the Department did not receive a Results of Antidumping Duty Administrative Tubes From Canada, Color Picture Tubes From substantive response from any Review, 56 FR 19084 (April 25, 1991), as amended Japan, Color Picture Tubes From Korea (South), by Color Picture Tubes from South Korea; Amended Color Picture Tubes From Singapore: Extension of respondent interested party. Pursuant to Final Results of Antidumping Duty Administrative Time Limit for Final Results of Five-Year Reviews, section 351.218(d)(2)(iii) of the Sunset Review, 56 FR 29215 (June 26, 1991). 64 FR 36333 (July 6, 1999). Regulations, this constitutes a waiver of

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.157 pfrm08 PsN: 03SEN1 48356 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices participation. Further, we received a also argue that dumping margins remain Consistent with section 752(c) of the waiver of participation from the in place for at least one Japanese Act, the Department also considers the Electronic Industries Association of producer of the subject merchandise. In volume of imports before and after Korea. sum, the domestic interested parties issuance of the order. As outlined in In their substantive responses, the maintain, the dramatic decline in each respective section above, the domestic interested parties argue that import volumes following the domestic interested parties argue that a the substantial decline in the volume of imposition of the order, in conjunction significant decline in the volume of imports of CPTs from the subject with the fact that only one Japanese imports of the subject merchandise from countries following the issuance of the respondent has ever requested an Canada, Japan, Korea, and Singapore orders demonstrates the inability of the administrative review of the original since the imposition of the orders producers from subject countries to sell dumping margins, provides clear provides further evidence that dumping in the U.S. market in any significant evidence that the Japanese producers would continue if the orders were volume without dumping. The domestic are incapable of selling at fair value in revoked. In their substantive responses, interested parties argue further that the U.S. market and that revocation of the domestic interested parties provided revocation of the antidumping duty the current order would result in statistics demonstrating the decline in orders would likely lead to a continued dumping and massive import volumes of CPTs from Canada, continuation or recurrence of dumping increases in Japanese import volumes Japan, Korea, and Singapore (see March by Canadian, Japanese, Korean, and (see id. at 20). 31, 1999, Substantive Response of the Singaporean producers/manufacturers. Domestic Interested Parties at Korea They support this argument with Attachment 2). Using the Department’s evidence in the form of tables showing With respect to imports of the subject statistics, including IM146 reports, on that, since imposition of the orders, merchandise from Korea, the domestic imports of the subject merchandise from respondents have generally reduced interested parties assert that imports these countries, we agree with the their sales to the United States (see declined significantly after the domestic interested parties’ assertions March 31, 1999, Substantive Response imposition of the order. In fact, the that imports of the subject merchandise of the Domestic Interested Parties at domestic interested parties argue, post- fell sharply after the orders were Attachment 2). Therefore, they assert, order imports from Korea averaged just imposed and, in most cases, never were the antidumping orders revoked, it 2.9 percent of their pre-order levels (see regained pre-order volumes. is likely that Canadian, Japanese, id. at 21). Furthermore, the domestic As noted above, in conducting its Korean, and Singaporean producers interested parties argue, since 1988, sunset reviews, the Department would need to dump in order to sell imports of CPTs from Korea have been considers the weighted-average their subject color pictures tubes in any virtually non-existent and annual dumping margins and volume of significant quantities in the United volumes have never risen to even five imports when determining whether States (see id. at 17). percent of their pre-order levels. revocation of an antidumping duty Therefore, the domestic interested order would lead to the continuation or Canada parties assert, the minimal volumes of recurrence of dumping. Based on this With respect to subject merchandise imports of CPTs in the period since the analysis, the Department finds that the from Canada, the domestic interested order was imposed indicate that the existence of dumping margins above de parties maintain that in the year the Koreans are incapable of selling the minimis levels and a reduction in order was imposed, 1988, imports from subject merchandise in the United export volumes after the issuance of the Canada fell from approximately 219,000 States at fair value (see id. at 21). orders is highly probative of the units the year before to just over 80,000 Singapore likelihood of continuation or recurrence units (see id. at 19 and Attachment 2). of dumping. A deposit rate above a de They also argue that, in the three years The domestic interested parties state minimis level continues in effect for following the imposition of the order that imports of the subject CPTs from exports of the subject merchandise by (1988–1990), average import volumes of Singapore also declined significantly all known Canadian, Japanese, Korean, the subject merchandise were almost 80 following the imposition of the order. In and Singaporean manufacturers/ percent lower than in the three years fact, the domestic interested parties exporters. Therefore, given that preceding the final determination of argue, while U.S. imports from dumping has continued over the life of sales at LTFV (1984–1986) (see id. at Singapore averaged approximately the orders, import volumes declined 18–19). 139,000 units annually in the three significantly after the imposition of the Moreover, the domestic interested years prior to the imposition of the orders, respondent parties waived parties point out that dumping margins order (1984–1986), in the three years participation, and absent argument and above de minimis remain in place for following the imposition of the order evidence to the contrary, the one Canadian company. (1988–1990) such imports averaged just Department determines that dumping is 810 units annually (see id. at 21 and likely to continue if the orders were Japan Attachment 2). revoked. According to the domestic interested As discussed in section II.A.3 of the parties, the imposition of the Sunset Policy Bulletin, the SAA at 890, Magnitude of the Margin antidumping duty order had a dramatic and the House Report at 63–64, if In the Sunset Policy Bulletin, the effect on subject import volumes from companies continue to dump with the Department stated that it normally will Japan. They indicate that in the years discipline of an order in place, the provide to the Commission the margin following the imposition of the order, Department may reasonably infer that that was determined in the final imports of the subject merchandise from dumping would continue if the determination in the original Japan declined by almost 70 percent. discipline were removed. As discussed investigation. Further, for companies Moreover, they assert, import volumes above, dumping margins above de not specifically investigated or for of the subject CPTs from Japan have minimis continue to exist for shipments companies that did not begin shipping remained low relative to the pre-order of the subject merchandise from Canada, until after the order was issued, the levels. The domestic interested parties Japan, Korea, and Singapore. Department normally will provide a

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48357 margin based on the ‘‘all others’’ rate domestic interested parties and Manufacturer/exporter Margin from the investigation. (See section (percent) inadequate responses from respondent II.B.1 of the Sunset Policy Bulletin.) interested parties, the Department Exceptions to this policy include the Singapore determined to conduct expedited use of a more recently calculated Hitachi Electronic Devices, reviews. As a result of these reviews, the margin, where appropriate, and Pte., Ltd ...... 5.33 Department finds that revocation of the consideration of duty absorption All Others ...... 5.33 antidumping duty orders would be determinations. (See sections II.B.2 and likely to lead to continuation or 3 of the Sunset Policy Bulletin.) We note This notice serves as the only recurrence of dumping at the levels that, to date, the Department has not reminder to parties subject to indicated in the Final Results of Review issued any duty absorption findings in administrative protective order (‘‘APO’’) section of this notice. any of these four cases. of their responsibility concerning the FOR FURTHER INFORMATION CONTACT: In their substantive responses, the disposition of proprietary information domestic interested parties disclosed under APO in accordance Martha V. Douthit or Melissa G. recommended that, consistent with the with 19 CFR 351.305 of the Skinner, Office of Policy for Import Sunset Policy Bulletin, the Department Department’s regulations. Timely Administration, International Trade provide to the Commission the notification of return/destruction of Administration, U.S. Department of company-specific margins from the APO materials or conversion to judicial Commerce, 14th Street and Constitution original investigations. Moreover, protective order is hereby requested. Avenue, NW, Washington, D.C. 20230; regarding companies not reviewed in Failure to comply with the regulations telephone: (202) 482–5050 or (202) 482– the original investigation, the domestic and the terms of an APO is a 1560, respectively. interested parties suggested that the sanctionable violation. EFFECTIVE DATE: September 3, 1999. Department report the ‘‘all others’’ rates These five-year (‘‘sunset’’) reviews included in the original investigations. and notices are in accordance with Statute and Regulations The Department agrees with the sections 751(c), 752, and 777(i)(1) of the domestic interested parties. The Act. These reviews were conducted pursuant to sections 751(c) and 752 of Department finds that the margins Dated: August 30, 1999. calculated in the original investigation the Act. The Department’s procedures Robert S. LaRussa, are probative of the behavior of for the conduct of sunset reviews are set Canadian, Japanese, Korean, and Assistant Secretary for Import forth in Procedures for Conducting Five- Administration. Singaporean producers/exporters if the year (‘‘Sunset’’) Reviews of orders were revoked as they are the only [FR Doc. 99–23038 Filed 9–2–99; 8:45 am] Antidumping and Countervailing Duty margins which reflect their behavior BILLING CODE 3510±DS±P Orders, 63 FR 13516 (March 20, 1998) absent the discipline of the order. (‘‘Sunset Regulations’’). Guidance on Therefore, the Department will report to methodological or analytical issues DEPARTMENT OF COMMERCE the Commission the company-specific relevant to the Department’s conduct of and all others rates from the original International Trade Administration sunset reviews is set forth in the investigations as contained in the Final Department’s Policy Bulletin 98:3— Results of Review section of this notice. [A±831±801; A±822±801; A±447±801; A± Policies Regarding the Conduct of Five- 451±801; A±821±801; A±823±801; A±842± Final Results of Review year (‘‘Sunset’’) Reviews of 801; A±843±801; A±844±801] Antidumping and Countervailing Duty As a result of these reviews, the Final Results of Expedited Sunset Orders; Policy Bulletin, 63 FR 18871 Department finds that revocation of the Reviews: Solid Urea from Armenia, (April 16, 1998) (‘‘Sunset Policy antidumping orders would likely lead to Belarus, Estonia, Lithuania, Russia, Bulletin’’). continuation or recurrence of dumping Ukraine, Tajikistan, Turkmenistan, and at the margins listed below: Scope Uzbekistan The merchandise subject to these Margin AGENCY: Import Administration, Manufacturer/exporter (percent) antidumping duty orders is solid urea. International Trade Administration, This merchandise was previously Canada Department of Commerce. subject to an antidumping duty order on ACTION: Notice of final results of solid urea from the Union of Soviet Mitsubishi Electronics Indus- expedited sunset reviews: solid urea Socialist Republics (U.S.S.R.). However, tries Canada, Inc ...... 0.63 from Armenia, Belarus, Estonia, All Others ...... 0.63 with the dissolution of the U.S.S.R., the Lithuania, Russia, Ukraine, Tajikistan, order was subsequently transferred to Japan Turkmenistan, and Uzbekistan. all 15 republics (57 FR 28828, June 29, 1992). This merchandise is currently Hitachi, Ltd ...... 22.29 SUMMARY: On March 1, 1999, the Department of Commerce (‘‘the classifiable under the Harmonized Tariff Matsushita Electronics Cor- Schedule (‘‘HTS’’) of the United States, poration ...... 27.46 Department’’) initiated sunset reviews of Mitsubishi Electric Corporation 1.05 the antidumping duty orders on solid item number 3201.10.00. The HTS item Toshiba Corporation ...... 33.50 urea from Armenia, Belarus, Estonia, number is provided for convenience and All Others ...... 27.93 Lithuania, Russia, Ukraine, Tajikistan, customs purposes only. The written Turkmenistan, and Uzbekistan (64 FR description remains dispositive. Korea 9970) pursuant to section 751(c) of the History of the Order Samsung Electron Devices Tariff Act of 1930, as amended (‘‘the Company, Ltd ...... 1.91 Act’’). On the basis of the notices of On May 26, 1987, the Department All Others ...... 1.91 intent to participate and adequate issued a final determination of sales at substantive comments filed on behalf of less than fair value with respect to

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 48358 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices imports of solid urea from the U.S.S.R.1 specified in section 351.218(d)(1)(i) of Department shall consider the weighted- In the final determination and the Sunset Regulations. average dumping margins determined in subsequent antidumping duty order, the We received complete substantive the investigation and subsequent Department applied three weighted- responses from both the Committee and reviews and the volume of imports of average dumping margins: 68.26 percent Agrium on March 30, 1999, and March the subject merchandise for the period for Soyupromexport (SPE), 53.23 31, 1999, respectively, for each of these before and the period after the issuance percent for Philipp Brothers, Inc., and cases, within the 30-day deadline of the antidumping duty order, and it an all others rate of 64.93 percent.2 specified in the Sunset Regulations shall provide to the International Trade On December 1991, the U.S.S.R. under section 351.218(d)(3)(i). In each Commission (‘‘the Commission’’) the divided into fifteen independent states. of its substantive responses, the magnitude of the margin of dumping On June 29, 1992, the Department Committee claimed interested-party likely to prevail if the order is revoked. transferred the antidumping duty orders status under section 771(9)(C) of the Act The Department’s determinations on solid urea from the U.S.S.R. to the as a coalition of domestic producers of concerning continuation or recurrence Commonwealth of Independent States nitrogen fertilizers who produce of dumping and the magnitude of the 6 and the Baltic States and announced a domestic like product. In each of its margin are discussed below. In addition, change in the names and case numbers responses, Agrium claimed interested- parties’ comments with respect to of the antidumping duty orders. The party status under section 771(9)(C) of continuation or recurrence of dumping Department announced a country-wide the Act and as a manufacturer, and the magnitude of the margin are rate of 68.26 percent for each new state producer, or wholesaler in the United addressed within the respective sections and stated that the substance of each States of solid urea. Additionally, both below. new order would not change from the the Committee and Agrium were original order and its amended involved in the original investigation Continuation or Recurrence of administrative review (see 54 FR and in the sole administrative review Dumping 3 39219). The Department conducted one that the Department conducted of these Drawing on the guidance provided in administrative review prior to the orders. We did not receive a complete 4 the legislative history accompanying the division of the U.S.S.R., and one substantive response from any Uruguay Round Agreements Act administrative review after the division respondent interested party in any of 5 (‘‘URAA’’), specifically the Statement of of the U.S.S.R. these proceedings. We received an Administrative Action (‘‘the SAA’’), These reviews cover all producers and incomplete and, therefore, inadequate H.R. Doc. No. 103–316, vol. 1 (1994), the exporters of solid urea from Armenia, response from the Embassy of Belarus House Report, H.R. Rep. No. 103–826, Belarus, Estonia, Lithuania, Russia, the on April 8, 1999. As a result, pursuant pt.1 (1994), and the Senate Report, S. Ukraine, Tajikistan, Turkmenistan, and to 19 CFR 351.218(e)(1)(ii)(C), the Rep. No. 103–412 (1994), the Uzbekistan (collectively, ‘‘the Former Department is conducting expedited, Department issued its Sunset Policy Soviet States’’). 120-day, reviews of these orders. On July 6, 1999, the Department Bulletin providing guidance on Background determined that the sunset review of the methodological and analytical issues, On March 1, 1999, the Department antidumping duty orders on urea from including the bases for likelihood initiated sunset reviews of the the FSS are extraordinarily complicated. determinations. In its Sunset Policy antidumping duty orders on solid urea In accordance with section Bulletin, the Department indicated that from the former Soviet States (‘‘FSS’’) 751(c)(5)(C)(v) of the Act, the determinations of likelihood will be (64 FR 9970), pursuant to section 751(c) Department may treat a review as made on an order-wide basis (see of the Act. The Department received a extraordinarily complicated if it is a section II.A.2). In addition, the Notice of Intent to Participate for each review of a transition order (i.e., an Department indicated that normally it of these reviews on behalf of the Ad Hoc order in effect on January 1, 1995). See will determine that revocation of an Committee of Domestic Nitrogen section 751(c)(6)(C) of the Act. antidumping duty order is likely to lead Producers (the ‘‘Committee’’) and Therefore, the Department extended the to continuation or recurrence of Agrium U.S. Inc. (‘‘Agrium’’) time limit for completion of the final dumping where (a) dumping continued (collectively the ‘‘domestic parties’’) on results of these reviews until not later at any level above de minimis after the March 16, 1999, within the deadline than August 30, 1999, in accordance issuance of the order, (b) imports of the with section 751(c)(5)(B) of the Act.7 subject merchandise ceased after the 1 See Urea From the Union of Soviet Socialist issuance of the order, or (c) dumping Republics; Final Determination of Sales at Less Determination was eliminated after the issuance of the Than Fair Value, 52 FR 19557 (May 26, 1987). In accordance with section 751(c)(1) order and import volumes for the 2 See Urea From the Union of Soviet Socialist Republics; Final Determination of Sales at Less of the Act, the Department conducted subject merchandise declined Than Fair Value, 52 FR 19557 (May 26, 1987). these reviews to determine whether significantly (see section II.A.3). 3 See Solid Urea From the Union of Soviet revocation of the antidumping duty In addition to considering the Socialist Republics; Transfer of the Antidumping orders would be likely to lead to guidance on likelihood cited above, Duty Orders on Solid Urea From the Union of continuation or recurrence of dumping. Soviet Socialist Republics to the Commonwealth of section 751(c)(4)(B) of the Act provides Independent States and the Baltic States and Section 752(c) of the Act provides that, that the Department shall determine that Opportunity to Comment, 57 FR 28828–02 (June 29, in making these determinations, the revocation of an order is likely to lead 1992). to continuation or recurrence of 4 See Final Results of Antidumping Duty 6 The Ad Hoc Committee of Domestic Nitrogen dumping where a respondent interested Administrative Review; Solid Urea From the Union Producers is comprised of the following members: party waives its participation in the of Soviet Socialist Republics, 54 FR 33262 (August CF Industries, Inc., Coastal Chem, Inc., Mississippi 14, 1989), and Amendment to Final Results of Chemical Corporation, PCS Nitrogen, Inc., and sunset review. As noted above, with the Antidumping Duty Administrative Review; Solid Terra Industries, Inc. J.R. Simplot Co. is also a exception of Belarus, in these instant Urea From the Union of Soviet Socialist Republics, member of the Ad Hoc Committee, but is not a reviews, the Department did not receive 54 FR 39219 (September 25, 1989). producer of solid urea and, therefore, is not 5 See Final Results of Antidumping Duty participating in these reviews. a response from any respondent Administrative Review; Solid Urea From Estonia, 59 7 Extension of Time Limit for Final Results of interested party. Pursuant to section FR 25606 (May 17, 1994). Five-Year Reviews, 54 FR 36333 (July 6, 1999). 351.218(d)(2)(iii) of the Sunset

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Regulations, this constitutes waivers of were of either ammonium nitrate or the imposition of the order, first from participation. urea-ammonium nitrate, neither of the U.S.S.R. and later from these In their respective substantive which is subject to this order. The result individual countries, is highly probative responses, both the Committee and is that, of the 56,638 short tons of the likelihood of continuation or Agrium argue that revocation of the originally classified as solid urea, only recurrence of dumping. antidumping duty orders on solid urea 24 short tons remain classified as solid As discussed in section II.A.3 of the would be likely to lead to continuation urea, with the rest of the shipment being Sunset Policy Bulletin, the SAA at 890, or recurrence of dumping of solid urea classified as a separate product. (See the and the House Report at 63–64, if from the FSS. (See the Substantive Substantive Response of the Committee companies continue dumping with the Response of the Committee at 6 and the at Exhibit 2.) Substantive Response of Agrium at 3.) With regard to Belarusian, Lithuanian, discipline of an order in place, the With respect to whether dumping and Ukrainian imports of solid urea, the Department may reasonably infer that margins continued in existence after the Committee raises the same issue. The dumping would continue if the issuance of the order, the domestic Committee asserts, in its substantive discipline were removed. Dumping parties argue that dumping margins responses, that it believes that the other margins above a de minimis level have above de minimis continue to exist for shipments from Russia in 1995 and existed and continue to exist for imports all producers from all nine countries. 1996, as well as any other shipments of solid urea from all producers/ (See Substantive Response of the from Belarus, Lithuania, and Ukraine, exporters from each of the FSS. Committee at 10 and the Substantive are also incorrectly classified and, Consistent with section 752(c) of the Response of Agrium at 5.) The therefore, argues that the Department Act, the Department also considered the Committee also states that a dumping can correctly determine that imports volume of imports before and after margin of 68.26 percent remains in have ceased since the imposition of the issuance of the order. The import existence for imports of solid urea from orders. (See Substantive Response of the statistics provided by the domestic all nine countries and that, as such, Committee at 9.) Barring that decision, parties, specifically by the Committee, dumping is likely to continue if the however, the Committee argues that in each of these cases, and confirmed by orders were revoked. imports have declined dramatically or the Department using import statistics With respect to whether imports of have ceased and that, as such, the from U.S. Census Bureau IM146s, the subject merchandise ceased after the Department must find that there is a indicate that imports of the subject issuance of the original order, the likelihood of continuation or recurrence merchandise from the U.S.S.R. ceased domestic parties argue that, following of dumping if these orders were following the imposition of the order. the imposition of the order, imports of revoked. solid urea, first from the U.S.S.R. and, Agrium also addressed the issue of Following the break-up of the U.S.S.R., subsequently, from the FSS, have whether imports of solid urea declined the imports from Armenia, Estonia, declined and have ceased with the significantly or ceased after the issuance Tajikistan, Turkmenistan, and exception of one or two shipments in of the order. Agrium argues that in 1986, Uzbekistan have remained at zero and very small volumes from Russia and the year immediately preceding the imports from the other FSS have been Ukraine. The Committee argues that, issuance of the order, imports of Soviet at very low volumes. While the prior to the imposition of the order in solid urea totaled 843,374 short tons. In Committee has argued that the 1987, imports of solid urea from the the year immediately following Department should find that there has U.S.S.R. ranged from 418,000 short tons imposition of the order, however, been a complete cessation of imports of to 843,000 short tons. (See Substantive Agrium argues that there was a subject merchandise, it is clear that, Response of the Committee at 8.) In complete cessation of imports and that, even with the incorrectly classified 1988, the year following the imposition from 1988 (the year of the order) until merchandise, imports have continued of the order, there were no imports of 1994, there were commercially from some FSS, albeit at significantly solid urea from the U.S.S.R. Following insignificant quantities, if there were lower levels than the pre-imposition the break-up of the U.S.S.R. and any imports of urea, from the FSS. From levels. subsequent transfer of the order, the 1995 to 1998, Agrium argues that, when Based on this analysis, the Committee argues that there have been there were imports from the FSS, the Department finds that the almost no shipments at all from Armenia, import volumes were quite small, complete cessation of imports after the Estonia, Tajikistan, Turkmenistan, and measuring only between 2 and 9 percent issuance of the orders coupled with the Uzbekistan. With respect to Belarus, of import volumes from the U.S.S.R. existence of dumping margins after the Lithuania, Russia, and the Ukraine, prior to the imposition of the order. (See issuance of these orders is highly however, the Committee argues that it Substantive Response of Agrium at 4.) ‘‘believes that no ** * urea has been Therefore, Agrium argues that, because probative of the likelihood of imported into the United States since import volumes have virtually ceased continuation or recurrence of dumping. 1987.’’ (See Substantive Response of the since the imposition of the order, the Deposit rates above a de minimis level Committee at 8.) Department should find that there is a continue in effect for exports of the Regarding Russia, the Committee likelihood of continuation or recurrence subject merchandise for all producers/ argues that, although U.S. Census data of dumping if these orders were exporters. Therefore, given the almost report imports of solid urea from Russia revoked. complete cessation of imports, that in 1995, 1996, and 1998, it is unlikely In conclusion, the domestic parties margins above de minimis levels have that any of these shipments were argue that there is a likelihood of continued over the life of the orders, actually shipments of urea. According to continuation or recurrence of dumping respondent interested parties have the Committee, shipments of Russian of solid urea from the FSS if these waived their right to participate in these urea in 1998 were analyzed by the orders were revoked. The domestic reviews before the Department, and Department and found to have been parties argue that the continued absent argument and evidence to the incorrectly classified by the U.S. Census existence of dumping margins above a contrary, the Department determines Bureau as imports of solid urea when, de minimis level and that the virtual that dumping is likely to continue if in fact, the majority of the shipments cessation of imports of solid urea after these orders were revoked.

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Magnitude of the Margin Final Results of Review and inadequate response (in this case, As a result of these reviews, the no response) from respondent interested In the Sunset Policy Bulletin, the parties, the Department determined to Department stated that it normally will Department finds that revocation of the antidumping order would be likely to conduct an expedited sunset review. As provide to the Commission the a result of this review, the Department company-specific margin from the lead to continuation or recurrence of dumping at the margins listed below: finds that revocation of the antidumping investigation for each company. Further duty order would be likely to lead to for companies not specifically Margin continuation or recurrence of dumping investigated or for companies that did Manufacturer/Exporter/Importer (percent) at the levels indicated in the Final not begin shipping until after the order Results of Review section of this notice. was issued, the Department normally Soyuzpromexport (SPE) ...... 68.26 FOR FURTHER INFORMATION CONTACT: will provide a margin based on the ‘‘all Phillipp Brothers, Ltd. & Phillipp others’’ rate from the investigation. (See Brothers, Inc...... 53.23 Martha V. Douthit or Melissa G. section II.B.1 of the Sunset Policy Country-wide rate ...... *68.26 Skinner, Office of Policy for Import Administration, International Trade Bulletin.) Exceptions to this policy * This rate is the new rate that applies to all Administration, U.S. Department of include the use of a more recently former Soviet Union countries subject to these Commerce, 14th St. & Constitution Ave., calculated margin, where appropriate, orders. NW, Washington, D.C. 20230; telephone and consideration of duty absorption This notice serves as the only (202) 482–5050 or (202) 482–1560, determination. (See section II.B.2 and 3 reminder to parties subject to respectively. of the Sunset Policy Bulletin.) administrative protective order (‘‘APO’’) EFFECTIVE DATE: With respect to the magnitude of the of their responsibility concerning the September 3, 1999. margin likely to prevail if the disposition of proprietary information Statute and Regulations antidumping duty orders were revoked, disclosed under APO in accordance the domestic parties argue that the with 19 CFR 351.305 of the This review was conducted pursuant Department should report to the Department’s regulations. Timely to section 751(c) and 752 of the Act. The Commission the margin from the notification of return/destruction of Department’s procedures for the original investigation of 68.26 percent. APO materials or conversion to judicial conduct of sunset reviews are set forth This rate is the weighted-average protective order is hereby requested. in Procedures for Conducting Five-year dumping margin found in the Failure to comply with the regulations (‘‘Sunset’’) Reviews of Antidumping and investigation for the Soviet exporter, and the terms of an APO is a Countervailing Duty Orders, 63 FR and it subsequently became the uniform sanctionable violation. 13516 (March 20, 1998) (‘‘Sunset cash deposit rate transferred to the We are issuing and publishing this Regulations’’). Guidance on fifteen independent states. The domestic five-year (‘‘sunset’’) review and notice methodological or analytical issues parties assert that the 68.26 percent rate in accordance with sections 751(c), 752 relevant to the Department’s conduct of continues to reflect the behavior of and 777(i)(1) of the Act. sunset reviews is set forth in the Department’s Policy Bulletin 98:3— exporters without the discipline of the Dated: August 30, 1999. antidumping duty orders. Policies Regarding the Conduct of Five- Robert S. LaRussa, year (‘‘Sunset’’) Reviews of The Department agrees with the Assistant Secretary for Import Antidumping and Countervailing Duty domestic parties as to the magnitude of Administration. Orders; Policy Bulletin, 63 FR 18871 the margin likely to prevail should the [FR Doc. 99–23049 Filed 9–2–99; 8:45 am] (April 16, 1998) (‘‘Sunset Policy antidumping duty orders on solid urea BILLING CODE 3510±DS±P Bulletin’’). be revoked. While dumping margins from the original investigation were Scope DEPARTMENT OF COMMERCE determined by the Department, prior to The merchandise subject to the the U.S.S.R.’s disbanding, the dumping International Trade Administration antidumping duty order is solid urea rate was officially transferred. This rate from Romania. Solid urea is a high- continues to be applied to each of the [A±485±601] nitrogen content fertilizer which is independent states. produced by reacting ammonia with Therefore, consistent with the Final Result of Expedited Sunset carbon dioxide. During the original Department’s Sunset Policy Bulletin, we Review: Solid Urea from Romania investigation the merchandise was determine that the 68.26 percent rate AGENCY: Import Administration, classified under item number 480.3000 that we calculated in the investigation, International Trade Administration, of the Tariff Schedule of the United and subsequently transferred after the U.S. Department of Commerce. States Annotated (‘‘TSUSA’’). This U.S.S.R ceased to exist, best reflects the merchandise is currently classifiable ACTION: Notice of Final Result of behavior of urea producers and under item number 3102.10.00 of the Expedited Sunset Review on Solid Urea exporters without the discipline of the Harmonized Tariff Schedule (‘‘HTS’’). from Romania. order in place with the exception of The HTS item number is provided for imports from Phillipp Brothers, Ltd., SUMMARY: On March 1, 1999, the convenience and customs purposes. The and Phillipp Brothers, Inc., the Department of Commerce (‘‘the written description of the scope remains Department finds that the dumping Department’’) initiated a sunset review dispositive. margin of 53.23 percent, assigned in the of the antidumping duty order on solid History of the Order original investigation, is the rate likely urea from Romania pursuant to section to prevail if the order were revoked. 751(c) of the Tariff Act of 1930, as On May 26, 1987, the Department The Department will report to the amended (‘‘the Act’’). On the basis of a issued its final determination that solid Commission the rates at the level notice of intent to participate and urea from Romania was being sold in indicated in the Final Results of Review adequate substantive comments filed on the United States at less-than-fair-value. section of this notice. behalf of the domestic interested parties The weighted-average dumping margin

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.119 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48361 was 90.71 percent.1 On July 14, 1987, review of a transition order (i.e., an de minimis after the issuance of the the Department’s antidumping duty order in effect on January 1, 1995). See order, (b) imports of the subject order was published.2 section 751(c)(6)(C) of the Act. As a merchandise ceased after the issuance of The Department has conducted one result of this determination, the the order, or (c) dumping was administrative review since the issuance Department extended the time limit for eliminated after the issuance of the of this order, covering the period completion of the final results of this order and import volumes for the January 1987 through June 1988, and review until not later than August 30, subject merchandise declined found no shipments.3 The order remains 1999, in accordance with section significantly (see section II.A.3 of the in effect for all Romanian producers and 751(c)(5)(B) of the Act.5 Sunset Policy Bulletin). exporters of the subject merchandise. In addition to considering the We note that, to date, the Department Determination guidance on likelihood cited above, has not issued any duty absorption In accordance with section 751(c)(1) section751(c)(4)(B) of the Act provides findings in this case. of the Act, the Department conducted that the Department shall determine that this review to determine whether revocation of an order is likely to lead Background revocation of the antidumping order to continuation or recurrence of On March 1, 1999, the Department would likely lead to continuation or dumping where a respondent interested initiated a sunset review of the recurrence of dumping. Section 752(c) party waives it participation in the antidumping order on solid urea from of the Act provides that, in making this sunset review. In the instant review, the Romania pursuant to section 751(c) of determination, the Department shall Department did not receive a response the Act. On March 16, 1999, the consider the weighted-average dumping from any respondent interest party. Department received a Notice of Intent margins determined in the investigation Pursuant to section 351.218(d)(2)(iii) of to Participate on behalf of Agrium US, and subsequent reviews and the volume the Sunset Regulations, this constitutes Inc. (‘‘Agrium’’) and from the members of imports of the subject merchandise a waiver of participation. of the Ad Hoc Committee of Domestic for the period before and the period In their substantive responses the Nitrogen Producers 4 (the ‘‘Committee’’), after the issuance of the antidumping domestic parties assert that revocation collectively the (‘‘domestic parties’’), duty order, and it shall provide to the of the antidumping duty order of solid within the deadline specified in section International Trade Commission (‘‘the urea from Romania would likely result 351.218(d)(1)(i) of the Sunset Commission’’) the magnitude of the in the continuation or resumption of Regulations. We received complete margin of dumping likely to prevail if dumping. The domestic parties argue substantive responses from the domestic the order is revoked. that imports of the subject merchandise parties, within the 30-day deadline The Department’s determinations ceased after the issuance of the order specified in the Sunset Regulations concerning continuation or recurrence and provide import statistics to support under section 351.218(d)(3)(i). The of dumping and magnitude of the their claim. domestic parties claimed interested margin are discussed below. In addition, The domestic parties maintain that party status under section 771(9)(C) of the domestic interested parties’ the Department should conclude that the Act as United States producers, comments with respect to the because imports of Romanian urea into manufacturers, or wholesalers of the continuation or recurrence of dumping the United States ceased after the domestic like product. The Department and the magnitude of the margin are issuance of the order, Romanian did not receive a response from any addressed within the respective sections producers and exporters cannot sell respondent interested party. As a result, below. solid urea in the U.S. markets without pursuant to section 751(c)(3)(B) of the dumping. Act, and our regulations (19 C.F.R. Continuation or Recurrence of In addition, the domestic parties 351.218(e)(1)(ii)(C)(2)), we are Dumping argue that the dumping margin of 90.71 conducting an expedited sunset review Drawing on the guidance provided in percent has remained unchanged since on this order. the legislative history accompanying the the investigation. The domestic parties On July 6, 1999, the Department Uruguay Round Agreements Act assert that no Romanian urea producer determined that the sunset review of the (‘‘URAA’’), specifically the Statement of or exporter has ever sought a review to antidumping duty order on solid urea Administrative Action (‘‘the SAA’’), obtain a reduced margin. Therefore, the from Romania is extraordinarily H.R. Doc. No. 103–316, vol. 1 (1994), the domestic parties assert, the magnitude complicated. In accordance with section House Report, H.R. Rep. No. 103–826, and longevity of the original 751(c)(5)(C)(v) of the Act, the pt.1 (1994), and the Senate Report, S. antidumping margin indicates that Department may treat a review as Rep. No. 103–412 (1994), the Romania urea cannot be sold in the U.S. extraordinarily complicated if it is a Department issued its Sunset Policy market at non-dumped prices. Bulletin providing guidance on For the reasons stated above, the 1 See Urea From the Socialist Republic of methodological and analytical issues, domestic parties conclude that if the Romania; Final Determination of Sales at Less- including the basis for likelihood order on solid urea from Romania be Than-Fair-Value, 52 FR 19557 (May 26, 1987). revoked, there is likelihood of 2 See Antidumping Duty Order; Urea From the determinations. The Department Socialist Republic of Romania, 52 FR 26367 (July indicated that determinations of continuation and recurrence of 14, 1987). likelihood will be made on an order- dumping. 3 See Final Results of Antidumping Duty wide basis (see section II.A.2 of the As discussed in Section II.A.3 of the Administrative Review; Solid Urea From Romania, Sunset Policy Bulletin). In addition, the Sunset Policy Bulletin, the SAA at 890, 54 FR 39558 (September 27, 1989). and the House Report at 63–64, 4 The Committee maintains that it is comprised of Department normally will determine a coalition of U.S. producers of nitrogen fertilizers that revocation of an antidumping order existence of dumping margins after the and identifies its current members : CF Industries, is likely to lead to continuation or order is highly probative of the Inc., Costal Chemical, Inc., Mississippi Chemical recurrence of dumping where (a) likelihood of continuation or recurrence Corp., PCS Nitrogen, Inc., and Terra Industries, Inc. of dumping. Further, if imports ceased The Committee notes that J.R. Simplot Co. is a dumping continued at any level above Committee member, but not producer of solid urea. after the order is issued, it is reasonable See Substantive Response of the Committee, March 5 See Extension of Time Limit for Final Results of to assume that the exporters could not 30, 1999, at 1 and 2. Five-Year Reviews, 54 FR 36333 (July 6, 1999). sell in the United States without

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.121 pfrm08 PsN: 03SEN1 48362 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices dumping and that to reenter the U.S. Final Results of Review be likely to lead to continuation or market, they would have to resume As a result of this review, the recurrence of dumping at the levels dumping. In this case we find that Department finds that revocation of the indicated in the Final Results of Review imports ceased after the issuance of the antidumping order would be likely to section of this notice. order and dumping margins continued lead to continuation or recurrence of FOR FURTHER INFORMATION CONTACT: to exist. Therefore, given that imports dumping at the margins listed below: Scott E. Smith or Melissa G. Skinner, ceased, dumping margins continue to Office of Policy for Import exist, respondent interested parties Manufacturers/ Margin Administration, International Trade waived their right to participate in this Exporters (percent) Administration, U.S. Department of review, and absent argument and Commerce, 14th Street and Constitution evidence to the contrary, the I.C.E. Chimica ...... 90.71 All Others ...... 90.71 Avenue, NW, Washington, D.C. 20230; Department determines that dumping of telephone: (202) 482–6397 or (202) 482– solid urea from Romania is likely to 1560, respectively. continue or recur if the order were This notice serves as the only revoked. reminder to parties subject to EFFECTIVE DATE: September 3, 1999. administrative protective order (‘‘APO’’) Statute and Regulations Magnitude of the Margin of their responsibility concerning the In the Sunset Policy Bulletin, the disposition of proprietary information This review was conducted pursuant Department stated that it will normally disclosed under APO in accordance to sections 751(c) and 752 of the Act. provide to the Commission the margin with 19 CFR 351.305 of the The Department’s procedures for the that was determined in the final Department’s regulations. Timely conduct of sunset reviews are set forth determination in the original notification of return/destruction of in Procedures for Conducting Five-year investigation. Further, for companies APO materials or conversion to judicial (‘‘Sunset’’) Reviews of Antidumping and not specifically investigated, or for protective order is hereby requested. Countervailing Duty Orders, 63 FR companies that did not begin shipping Failure to comply with the regulations 13516 (March 20, 1998) (‘‘Sunset until after the order was issued, the and the terms of an APO is a Regulations’’). Guidance on Department normally will provide a sanctionable violation. methodological or analytical issues margin based on the country-wide rate This five-year (‘‘sunset’’) review and relevant to the Department’s conduct of from the investigation. (See section notice are published in accordance with sunset reviews is set forth in the II.B.1 of the Sunset Policy Bulletin.) sections 751(c), 752, and 777(i)(1) of the Department’s Policy Bulletin 98:3— Exceptions to this policy permit the use Act. Policies Regarding the Conduct of Five- of a more recently calculated margin, Dated: August 30, 1999. year (‘‘Sunset’’) Reviews of when appropriate, and consideration of Robert S. LaRussa, Antidumping and Countervailing Duty duty absorption determinations. (See Assistant Secretary for Import Orders; Policy Bulletin, 63 FR 18871 sections II.B.2 and 3 of the Sunset Policy Administration. (April 16, 1998) (‘‘Sunset Policy Bulletin.) [FR Doc. 99–23048 Filed 9–2–99; 8:45 am] Bulletin’’). With respect to the magnitude of the BILLING CODE 3510±DS±P margin likely to prevail if the Scope antidumping duty orders were revoked, The merchandise subject to the the domestic parties argue that the DEPARTMENT OF COMMERCE antidumping duty order is sugar and Department should provide the syrups from Canada produced from Commission the dumping margin from International Trade Administration sugar cane and sugar beets. The sugar is the final results of the original [A±122±085] refined into granulated or powdered investigation, 90.71 percent. The sugar, icing, or liquid sugar.1 The domestic parties assert that this margin Final Results of Full Sunset Review: subject merchandise is currently is the only rate that has been calculated Sugar and Syrups From Canada classified under Harmonized Tariff by the Department and it is the only rate Schedule of the United States that reflects the behavior of Romanian AGENCY: Import Administration, (‘‘HTSUS’’) item numbers 1701.99.0500, producers and exporters of urea without International Trade Administration, 1701.99.1000, 1701.99.5000, the discipline of the order. Department of Commerce. 1702.90.1000, and 1702.90.2000. The Department agrees with the ACTION: Notice of Final Results of Full Although the subheadings are provided domestic parties concerning the choice Sunset Review: Sugar and Syrups from for convenience and customs purposes, of the dumping margin to report to the Canada. the written description remains Commission. In our final determination dispositive. of sales at less-than-fair-value, we SUMMARY: On April 26, 1999, the On March 24, 1987, the Department reported a weighted-average dumping Department of Commerce (‘‘the revoked the order, in part, with respect margin of 90.71 percent for I.C.E. Department’’) published a notice of to Redpath Sugar Ltd. (‘‘Redpath’’) (52 Chimica ( the only company preliminary results of the full sunset FR 9322). On January 7, 1988, the investigated) and for all others. review of the antidumping duty order Department revoked the order, in part, Therefore, consistent with the on sugar and syrups from Canada (64 FR with respect to Lantic Sugar, Ltd. Department’s Sunset Policy Bulletin we 20253) pursuant to section 751(c) of the (‘‘Lantic’’) (53 FR 434). In 1996, the determine that the original margin, is Tariff Act of 1930, as amended (‘‘the Department determined that Rogers probative of the behavior of the Act’’). We provided interested parties an Sugar, Ltd. (‘‘Rogers’’), was the Romanian producers and exporters of opportunity to comment on our successor in interest to British Columbia solid urea if the order were revoked. We preliminary results. We received Sugar Refining Company, Ltd. (‘‘BC will report to the Commission the rate comments from both domestic and respondent interested parties. As a from the original investigation 1 This order excludes icing sugar decorations as contained in the Final Results of Review result of this review, the Department determined in the U.S. Customs Classification of section of this notice. finds that revocation of this order would January 31, 1983 (CLA–2 CO:R:CV:G).

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Sugar’’).2 In its November 2, 1998, the United States at prices below CV. good cause to support our consideration substantive response, the United States Additionally, the USBSA argues, the of other factors. Beet Sugar Association and its recent improvements made at Rogers’ Rogers, in its November 3, 1998, individual members (collectively, the Taber facility will increase its COP and substantive response, provided ‘‘USBSA’’) stated that three companies force Rogers to sell sugar at below cost information to the Department in Canada constitute the Canadian prices. Asserting that the recent concerning its COP for processed beets domestic industry: Lantic, Redpath, and downward spiral in world prices makes to support its argument that prices were Rogers. Because the order was revoked dumping by Rogers more pervasive, the above cost. Although we had not with respect to Lantic and Redpath, USBSA requests that the Department requested the information and had only Rogers is currently subject to the revisit the CV analysis and conclude determined for the preliminary results order. that dumping is likely to continue or that there was no basis to consider such recur if the order is revoked. additional information, because Rogers Background In its rebuttal brief Rogers cites to the had presented the information in its On April 26, 1999, the Department Department’s Policy Bulletin 94–1 substantive and rebuttal responses, we issued the Preliminary Results of Full regarding COP and asserts that the conducted an on-site verification of this Sunset Review: Sugar and Syrups from Department found USBSA’s allegations information on May 12, 1999 (see Canada (64 FR 20253). Based on the of below-cost sales speculative Memorandum to Jeffrey May, Re: Sunset continued absence of a dumping margin correctly, thereby falling short of the Review: Sugar and Syrups from Canada, for Rogers, the sole producer/exporter standard for providing reasonable dated May 19, 1999). Therefore, we subject to the order, and the continued grounds for suspecting that Rogers made agree with both parties that verified existence of imports from Rogers in sales at below cost prices. Further, information related to Rogers’ 1998 COP substantial quantities, in our Rogers argues, the Department is not is now on the record in this review. In preliminary results we found that required to do a COP investigation in addition, verified information on revocation of the order is not likely to reviews when there is no earlier Rogers’ Canadian and U.S. sales prices lead to continuation or recurrence of determination of below-cost sales and for the years 1993 through 1997 is on dumping. there has been no reasonable evidence the record. We conducted verification in Taber, submitted which suggests that sales at As noted above, the USBSA’s pre- Alberta, of Rogers’ response on May 12, prices less than COP were made. hearing brief contained an allegation of 1999, and issued our verification report Rogers notes that the Department sales below cost, based on verified on May 19, 1999. On June 8, 1999, looked correctly at the cost basis for information already on the record. within the deadline specified in 19 CFR sugar beet production and at the audited Rogers did not rebut this allegation; 351.309(c)(1)(i), we received comments financial statements of Rogers during rather, Rogers claimed that its verified on behalf of the USBSA and on behalf verification. Rogers asserts that the submissions show sales in Canada and of Rogers. On June 15, 1999, within the verified information confirmed its the United States at prices significantly deadline specified in 19 CFR submissions showing sales in Canada above COP. For the purpose of our final 351.309(d), the Department received and the United States at prices results we considered this allegation. rebuttal comments from both the significantly above the COP. We have analyzed the verified USBSA and Rogers. The Department Additionally, Rogers asserts that the information and find that it provides held a public hearing on June 18, 1999. verified information shows that profits sufficient support for a determination As a result of the comments, we have were made and distributed by Rogers in that dumping is likely to continue or changed our determination. We have every year of the period covered by the recur if the order were revoked. The addressed the comments received Department’s sunset review. With Department normally will not, and has below. respect to the Taber facility expansion, no reason to, conduct a cost Likelihood of Continuation or Rogers argues that the consolidation and investigation in the context of a sunset Recurrence of Dumping expansion of its facilities has only review. However, both USBSA and increased its cost efficiencies. Rogers Rogers’ arguments concerning Comment 1: The USBSA asserts that provided information from an likelihood of continuation of dumping sugar produced at Rogers’ Taber facility independent audit of the expansion in revolve around whether or not pricing will have to be sold below constructed support of this assertion. Further, and cost data indicate that dumping has value (‘‘CV’’) and therefore will be Rogers argues that the wholly been taking place. The Department, dumped when it enters the U.S. market. speculative CV constructed by USBSA therefore, has conducted a sort of The USBSA asserts that, despite does not reflect actual numbers abbreviated cost test with the limited repeated requests, the Department did provided to, and verified by, the data on the record. not conduct a CV analysis in which an Department. In conclusion Rogers Specifically, using the verified accurate calculation of CV could be asserts that there is no credible evidence information, the Department compared to Rogers’ selling price on on the record that would lead to a constructed a COP and CV (per metric current U.S. sales. Relying on the 1998 decision by the Department to conduct ton) of processed sugar (see cost of production (‘‘COP’’) contained in a CV analysis. Memorandum to File, Re: Cost of the verification report, which the Department’s Position: The Production, dated August 20, 1999). USBSA asserts does not include all Department’s Sunset Policy Bulletin Section 773(b)(1) of the Act provides costs, the USBSA states that it notes that the Department will consider that the Department will disregard calculated a CV. The USBSA asserts that other factors (such as prices and costs) below cost sales made within an this and evidence of Rogers’ pricing in in full sunset reviews where an extended period of time in substantial 1996, which is on the record, interested party identifies good cause quantities and which were not made at demonstrates that Rogers sold sugar in through the provision of information or prices which permit recovery of all costs evidence that would warrant within a reasonable period of time. We 2 See Sugar and Syrups from Canada; Final consideration of such factors. In our compared Rogers’ verified weighted- Results of Changed Circumstances Antidumping Duty Administrative Review, 61 FR 51275 (October preliminary results, we determined that average home market price to the COP 1, 1996). the USBSA did not provide evidence of and found that it was below the COP.

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Specifically, we compared a weighted- Department’s Position: We disagree total post-order imports, according to average home market price, based on with the USBSA’s assertion that we the USBSA, the Department would have 1997 price data supplied by Rogers, equated the domestic industry’s no alternative but to conclude that with a COP based on 1998 costs derived decision not to request an import volumes have declined from Rogers’ data. We found the administrative review with a lack of significantly during the life of the order. weighted-average price to be below the interest in the order. Nowhere in our Rogers did not address this comment. COP. Based on this limited data, we preliminary results did we state that the Department’s Position: The determine, therefore, that Rogers made domestic industry’s decision not to Department disagrees with the USBSA. below cost sales within an extended request an administrative review over Prior to the issuance of the order, Rogers period of time in substantial quantities the last 16 years was tantamount to was not the only exporter of subject at prices which did not permit recovery having no interest in the continuation of merchandise. Other Canadian producers of all costs within a reasonable period this order. In our preliminary results we and exporters were subject to the of time. Because there are, in essence, attempted to ascertain the likelihood of original investigation and subsequent no remaining above cost sales, we continuation or recurrence of dumping. order. In its November 2, 1998, compared Rogers’ verified average U.S. In doing so, the Department examined substantive response, however, the export selling price to the CV. We found the deposit rates over the life of the USBSA acknowledges that only Rogers that this average price was below CV. order for Rogers, the only producer/ is currently subject to this antidumping Based on this comparison, we conclude exporter of Canadian sugar still subject duty order (November 2, 1998, that at least some of Rogers sales to the to the order. The deposit rate for Rogers Substantive Response from the USBSA United States are at prices below CV.3 has been zero percent for the past 16 at 9). Therefore, comparison of Rogers’ These calculations, using verified years. Because there has been no request pre-and post-order import volumes was information, therefore, provide a by the domestic industry for an approriate. sufficient basis for determining that administrative review of this order for On October 1, 1996, the Department dumping is likely to continue or recur the past 16 years, we had no reason to determined that Rogers was the if the order were revoked. believe that Rogers had dumped sugar successor in interest to BC Sugar. In this Comment 2: The USBSA disagrees in the United States during any part of determination, the Department found with the Department’s preliminary this time period. that BC Sugar changed its name legally decision that revocation of the order Furthermore, the preamble to the to Rogers Sugar, Ltd. Because the would not be likely to lead to Department’s regulations concerning structure and organization of the continuation or recurrence of dumping. revocation of orders states that ‘‘it is company did not change and Rogers The USBSA argues that the Department reasonable to presume that if subject was, for all intents and purposes, BC incorrectly and unlawfully equated the merchandise, shipped in commercial Sugar, the Department also determined domestic industry’s decision not to quantities, is being dumped or that the deposit rate assigned to BC request an administrative review of this subsidized, domestic interested parties Sugar was applicable to Rogers. order over the past 16 years as a lack of will react by requesting an Therefore, the Department determined interest in the order. Furthermore, the administrative review to ensure that that, for the purposes of this USBSA argues that its decision not to duties are assessed and that cash antidumping duty order, BC Sugar and request an administrative review does deposit rates are revised upward from Rogers were predecessor and successor not indicate an absence of dumping by zero. If domestic interested parties do companies, respectively, of the same Rogers. not request a review, presumably it is entity. Rogers, in its rebuttal comments, because they acknowledge that subject Because Rogers (formerly BC Sugar) is argues that the USBSA admits that it merchandise continues to be fairly the only producer/exporter of sugar and was satisfied with the status quo and the traded’’ (Antidumping Duties; syrups from Canada still subject to the status quo, with respect to this order, Countervailing Duties; Final Rule, 62 FR order, the Department finds that it was a deposit rate of zero. If the USBSA 27296, 27326 (May 19, 1997)). would be unreasonable to compare the was satisfied with this zero deposit rate, Therefore, this factor points to a present import volumes of Rogers with according to Rogers, it must have finding of no dumping since the the pre-order import volumes of the four believed that no dumping was issuance of the zero deposit rate. This (or more) producers/exporters which occurring. Rogers argues further that it would generally be our conclusion, were subject to the order in 1980. If it has been the Department’s practice to except where, as here, information on made this comparison, the Department revoke orders where there have been the record is sufficient to determine would almost certainly find that total several years of zero margins. With dumping is likely to continue or recur. imports had decreased over the life of respect to this sunset review, Rogers Comment 3: The USBSA argues that the order not only because there are argues that the burden is on the the Department erred by making its fewer producers/exporters which are domestic industry to demonstrate why likelihood determination on an order- currently subject to the order but also the existence of a zero percent deposit wide basis. It argues that, although the because the tariff rate quota (TRQ) rate for 16 years coupled with exports Statement of Administrative Action currently in effect restricts imports. of the subject merchandise in (‘‘the SAA’’ )4 at 879 states expressly Generally speaking, the purpose of the substantial quantities is not sufficient to that the Department will make its sunset Department’s comparison of current and determine that revocation of the order determinations on an order-wide basis, pre-order import volumes is to would not be likely to lead to the Department improperly compared determine whether companies (or the continuation or recurrence of dumping. recent import data for only one company) have been able to consistently respondent (Rogers) to data following and continually sell subject 3 Absent specific information, we did not make the issuance of the order for one merchandise in the United States any adjustments to U.S. prices, as we would in an respondent (BC Sugar). If the without dumping. Here, we compared investigation or administrative review conducted Department had made the proper the volume of BC Sugar’s 1979 exports for the purpose of measuring dumping. Such adjustments typically would result in a reduction comparison of total pre-order imports to to the volume of Rogers’ recent exports. of U.S. price and, therefore, an increase in the Current imports of subject merchandise magnitude of the dumping margin. 4 H.R. Doc. No. 103–316, vol. 1 (1994). from Rogers (formerly BC Sugar) are

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.163 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48365 substantially greater than the pre-order age of this information in question and characteristically short-lived. It states levels of BC Sugar (now Rogers). changes in the HTS system over the life that the most recent severe price trough Therefore, our examination of import of this order make estimation of imports was in 1985 when the annual average levels of BC Sugar/Rogers over the life of subject merchandise necessary. As price for raw sugar was $0.04/lb. of the order was appropriate. noted above, the Department recognizes Furthermore, Rogers argues that the Comment 4: The USBSA argues that that there are data limitations. The current price trough appears to have the Department should have confirmed Department has, nevertheless, attempted bottomed out in April 1999 at about whether Canadian producers and to compile the most accurate calculation $0.04/lb. for raw sugar. refiners of subject merchandise have of import volumes of subject Rogers continues by reiterating that imported at dumped prices since the merchandise over the life of the order. the USBSA’s arguments concerning the discipline of the order went into effect. Comment 6: The USBSA argues that declining world price for sugar are The USBSA asserts that the the TRQ is no longer an effective means speculative and subjective which, Department’s comparison should have of preventing surges in dumped sugar Rogers notes the USBSA admits, may included imports of refined cane and from entering the U.S. market. The change depending on unpredictable beet sugar from all Canadian exporters, USBSA argues further that the U.S. events and changes in circumstances in except Lantic and Redpath, for which Sugar Program is under assault in an producing and importing countries. the order has been revoked. attempt to expand access to the U.S. Department’s Position: Sunset Furthermore, the USBSA argues that the market significantly. determinations are inherently Department never attempted to verify Department’s Position: We agree with speculative and predictive and, in our whether new Canadian sugar refiners the USBSA that the TRQ has been preliminary results, we stated that the have entered the market and instead effective in the past at limiting all USBSA’s arguments concerning the limited its review to those producers imports of sugar. The TRQ, as part of the decreases in world sugar prices were previously involved in the initial U.S. Sugar program, was designed to speculative. We also believe that, since investigation. provide protection from imports of sunset reviews are inherently Department’s Position: In its foreign sugar. However, the USBSA predictive, the best predictor of future November 2, 1998, substantive misunderstands the intent behind the behavior is past behavior. In examining response, the USBSA itself stated that creation and implementation of an the world sugar prices over the life of only Rogers was subject to this antidumping duty order. The purpose the order, we find that, although prices antidumping duty order (November 2, behind this order is not to provide in early 1999 are at their lowest point 1998, Substantive Response from the blanket protection from all imports of in 12 years, generally prices have USBSA at 9). There is no evidence on Canadian sugar; rather, its purpose is to fluctuated over this time, with prices in the record in this case of any other counteract the effects of unfairly traded fiscal year 1998 being only marginally Canadian producer/exporter of cane or imports. This is evidenced by the fact below fiscal year 1993 prices. We also beet sugar which is currently subject to that this order has been revoked with the order. Therefore, because we had no respect to Redpath and Lantic because find that the current prices for refined reason to doubt the USBSA’s claim that the Department determined that these sugar are not unprecedented, as Rogers’ Rogers is the only producer/exporter of companies were not selling sugar in the information concerning 1985 raw sugar subject merchandise still subject to this United States at less than fair value. In prices demonstrates. antidumping duty order, we have not the same vein, the TRQ was not created Comment 8: The USBSA argues that investigated whether other Canadian to be a substitute for an antidumping the recent downward spiral of the world producers exported subject merchandise duty order, nor should it be viewed as refined-sugar price has a direct impact to the United States. such. The TRQ provides the U.S. on Canadian prices and incentives to Comment 5: The USBSA argues that industry protection from all imported export to the United States. According the Department included non-subject sugar. It was not intended to act as an to the USBSA, with a world price merchandise in its examination of antidumping duty order on sugar from standing near $0.09/lb. and a Canadian imports of sugar and syrups from all of the world’s sugar producers, price that Rogers argues mimics the Canada. The USBSA states further that whether their sugar was being sold at world price, it is inescapable that increases in the imports of non-subject dumped prices or not. Rogers’ home market sales in Canada are merchandise are irrelevant to this sunset The only issue in this sunset review today priced at less than cost and will review and their inclusion in the is whether Canadian sugar and syrups be so priced in the future. As the record Department’s examination is are likely to be dumped in the United in this proceeding shows, the USBSA misrepresentation of the true amount of States in the foreseeable future. Whether contends, not even the most efficient imports of subject merchandise. the TRQ is no longer effective in sugar producers can produce sugar for Department’s Position: Increases or limiting imports, dumped or not, is around $0.09/lb. decreases in non-subject merchandise irrelevant to this sunset review. Rogers argues that it has had a zero are irrelevant to our sunset Comment 7: The USBSA argues that margin through 16 years of world price determination. For this reason, the the sugar market has fallen to fluctuations, including times of prices Department has endeavored to unprecedented levels and shows no lower than at present, while determine an accurate amount of import signs of recovery in the foreseeable maintaining a dumping margin of zero. volumes of the subject merchandise. future. The USBSA argues further that It states that the Department verified its In the instant case, however, there are the Department, in its preliminary information and that the verification limitations to the data which do not results, quickly dismissed the USBSA’s demonstrated that sales in Canada and make an exact accounting of the import argument as speculative when the the United States are at prices volumes possible. The HTS item conduct of sunset reviews is inherently significantly above cost of production. numbers used by the U.S. Census speculative. Furthermore, Rogers states that, since Bureau and the U.S. Customs Service Rogers rebuts that an analysis of long- prices in the United States were verified with respect to imports of sugar and term trends in the history of the as higher than prices in Canada, there is syrups from Canada include some non- international sugar market shows that no credible way Rogers could have been subject merchandise. Furthermore, the price peaks and troughs are selling below the COP.

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Department’s Position: The recent would have to sell its product (1) at In the Sunset Policy Bulletin, the decreases in the world refined-sugar prices substantially less than the lowest Department stated that it will normally price undoubtedly affected the price it receives for a similar product provide to the International Trade Canadian price of refined sugar because sold in Canada, (2) at prices far below Commission (the ‘‘Commission’’) the the Canadian price parallels the world its costs of production, and (3) at prices margin that was determined in the final price. Although the Canadian price far below the current world price of determination in the original parallels the world price, it is not the refined sugar. The Department finds it investigation because that is the only same as the world price. Therefore, it is extremely unlikely that Canadian calculated rate that reflects the behavior quite reasonable to assume, given producers could export refined sugar to of exporters absent the discipline of the Rogers’ costs of manufacturing and the the United States profitably while order. (See section II.B.1 of the Sunset transportation costs associated with the paying the tier-2 tariff. Policy Bulletin.) Exceptions to this location of its sales within Canada, that Magnitude of the Margin policy include the use of a more the selling price of its product could be recently calculated margin, where above its cost of manufacturing and still Neither party addressed this issue in appropriate, and consideration of duty be competitive with other producers/ its case or rebuttal briefs. Therefore, we absorption determinations. (See sections exporters. have relied on the arguments submitted II.B.2 and 3 of the Sunset Policy The world price of refined sugar prior to the preliminary results. Bulletin.) obviously affects the selling price of Comment 1: In its substantive In our preliminary results, we sugar in Canada and, thus, indirectly, response, the USBSA argued that the may affect Rogers’ selling price. determined that the use of a more dumping margin likely to prevail is at recently calculated rate was appropriate Nevertheless, the salient issue for this least as large as the margin that sunset review is not the world price of and that such rate reflected an absence prevailed at the time of the original of dumping. However, as noted above, refined sugar but, rather, Rogers’ costs investigation; the highest dumping and prices. Thus, we have limited our for our final results, we find that margin established in the original verified information demonstrates the examination to Rogers’ costs and prices. investigation was US$0.0237/lb.6 Comment 9: The USBSA states that, likelihood of dumping. Therefore, we Further, based on current U.S. and as the United States slowly reduces the conclude that the more recently Canadian pricing, the USBSA estimated Canadian tier-2 tariff rate through 2008, calculated rate from an administrative dumping margins ranging from 9.3 the U.S. market will become review can no longer be considered the percent to 409.0 percent. As noted increasingly vulnerable to imports of magnitude of the margin likely to above, the USBSA did not comment on Canadian sugar if the world price of prevail if the order were revoked. the margin likely to prevail in either its sugar falls below certain levels. We agree with the USBSA that the Specifically, the USBSA argues that, case or rebuttal brief. In its substantive response, Rogers dumping margin likely to prevail if the given the world refined price of order were to be revoked is at least as $0.0913/lb., the ability of Canadian argued that, given the price spread between the U.S. supply-managed sugar high as the dumping margin determined producers to export refined sugar to the in the original investigation for BC United States profitably while paying market and the Canadian market based Sugar. We recognize that our dumping the tier-2 tariff is already becoming a on world pricing, the dumping margin calculation for purposes of determining reality. likely to prevail if the order were to be Rogers argues that, given the current revoked is zero. Rogers argued that, likelihood of future dumping is not as U.S. selling price of $0.28/lb., with the because of its limited access to the U.S. accurate as a determination which addition of the tier-2 duty of $0.1621/ market, it is motivated to sell subject would reflect the adjustments typically lb., Rogers would be required to sell in merchandise at U.S. refined-sugar prices made in an investigation or the United States at prices significantly to maximize returns. Rogers provided a administrative review. Therefore, the below the lowest price it now receives chart depicting sugar prices in the Department finds that the margins for the same product in Canada. Canadian and U.S. markets and its price calculated in the original investigation 7 Furthermore, Rogers asserts, its into the United States for the past eight (45 FR 24126, April 9, 1980) are production is not in excess of market years, as well as a calculation for probative of the behavior of Canadian demand in Western Canada. Finally, producing processed beet sugar at its producers/exporters of the subject according to Rogers, the refusal of sugar facility in Canada. Rogers contended merchandise. As such, the Department beet growers to participate and support that the chart indicates that Rogers’ will report to the Commission the prices low enough to take account of the price into the United States has been company-specific and all others rates tier-2 level (which would be necessary above its prices in Western Canada. In from the original investigation as the to sell any product in the United States) its case and rebuttal briefs, Rogers also magnitude of the margin likely to would make such sales prohibitive. asserted that there is no likelihood of prevail if the order were revoked. Department’s Position: The continuation or recurrence of dumping Final Results of Review Department finds no evidence to suggest if the order were to be revoked. that Rogers would sell sugar in the Department’s Position: The As a result of this review, the United States above the country-specific Department disagrees with Rogers. As Department finds that revocation of the quota established for Canada (i.e., discussed in detail above, evidence antidumping duty order would be likely paying the tier-2 tariff rate).5 In order for placed on the record of this sunset to lead to continuation or recurrence of Rogers to sell sugar in the United States review by Rogers, and verified by the dumping at the margins listed below: and pay the tier-2 tariff rate, Rogers Department, indicates that there is a likelihood that dumping would 7 As the Department noted in its preliminary 5 The Department notes that the USBSA has continue or recur if the order were to be results (see Preliminary Results of Full Sunset examined the effects of the Canadian tier-2 tariff revoked. Review: Sugar and Syrups from Canada, 64 FR rate on the possibility of increased imports from 20253 (April 26, 1999)) and above, Rogers (formerly Canada through the year 2008. However, the BC Sugar) is the only known producer/exporter of USBSA has stringently argued that the TRQ will be 6 See Antidumping Duty Order; Sugar and Syrups the subject merchandise currently subject to the phased out by the year 2002. from Canada, 45 FR 24128 (April 9, 1980). order.

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Manufacturer/exporter Margin Administration, International Trade the subject merchandise through four Administration, U.S. Department of programs: (1) Preferential Working Rogers (B.C. Sugar) ...... $0.010105/lb. Commerce, 14th Street & Constitution Capital Financing for Exports (CACEX); All Others ...... 0.023700/lb. Avenue, NW, Washington, DC 20230; (2) Income Tax Exemption for Export telephone: (202) 482–1698 or (202) 482– Earnings; (3) Export Financing Under This notice serves as the only 1560, respectively. the CIC–CREGE 14–11 Circular; and (4) reminder to parties subject to EFFECTIVE DATE: September 3, 1999. administrative protective order (APO) of Import Duty Exemption Under Decree- 1 their responsibility concerning the Statute and Regulations Law 1189 of 1979. We estimated the net subsidy to be 6.13 percent ad disposition of proprietary information This review was conducted pursuant valorem, and, on the basis of a program- disclosed under APO in accordance to sections 751(c) and 752 of the Act. with 19 CFR 351.305 of the The Department’s procedures for the wide change in the Preferential Working Department’s regulations. Timely conduct of sunset reviews are set forth Capital Financing for exports program notification of return/destruction of in Procedures for Conducting Five-year which occurred prior to the preliminary APO materials or conversion to judicial (‘‘Sunset’’) Reviews of Antidumping and determination, we established a cash protective order is hereby requested. Countervailing Duty Orders, 63 FR deposit rate of 3.47 percent ad valorem Failure to comply with the regulations 13516 (March 20, 1998) (‘‘Sunset for all manufacturers, producers, or and the terms of an APO is a Regulations’’). Guidance on exporters of brass sheet and strip from sanctionable violation. methodological or analytical issues Brazil. This five-year (‘‘sunset’’) review and relevant to the Department’s conduct of The Department has since conducted notice are in accordance with sections sunset reviews is set forth in the 751(c), 752, and 777(i)(1) of the Act. one administrative review (56 FR 56631 Department’s Policy Bulletin 98:3— (November 6, 1991)) of this Dated: August 27, 1999. Policies Regarding the Conduct of Five- countervailing duty order, covering the Bernard T. Carreau, year (‘‘Sunset’’) Reviews of period January 1, 1990, through Antidumping and Countervailing Duty Acting Assistant Secretary for Import December 31, 1990. In the Department’s Orders; Policy Bulletin, 63 FR 18871 Administration. preliminary results of the administrative [FR Doc. 99–23039 Filed 9–2–99; 8:45 am] (April 16, 1998) (‘‘Sunset Policy Bulletin’’). review, and supported by the BILLING CODE 3510±DS±P Department’s final results of the Scope administrative review, the Department DEPARTMENT OF COMMERCE This order covers shipments of coiled, determined that each of the four wound-on-reels (traverse wound), and programs found to provide International Trade Administration cut-to-length brass sheet and strip (not countervailable benefits in the leaded or tinned) from Brazil. The investigation had been terminated. [C±351±604] subject merchandise has, regardless of Preferential Working Capital Financing Final Results of Expedited Sunset width, a solid rectangular cross section for Exports was terminated, effective Review: Brass Sheet and Strip From over 0.0006 inches (0.15 millimeters) August 30, 1990, by Central Bank Brazil through 0.1888 inches (4.8 millimeters) Resolution 1744. Loans under this in finished thickness or gauge. The program were officially suspended on AGENCY: Import Administration, chemical composition of the covered February 22, 1989, until the program International Trade Administration, products is defined in the Copper was terminated. The program of Income Department of Commerce. Development Association (‘‘C.D.A.’’) Tax Exemption for Export Earnings, ACTION: Notice of final results of 200 Series or the Unified Numbering which eliminated the tax exemption and expedited sunset review: brass sheet System (‘‘U.N.S.’’) C2000; this review established a prevailing tax rate of 30 and strip from Brazil. does not cover products with chemical percent for domestic and export compositions that are defined by SUMMARY: On February 1, 1999, the anything other than C.D.A. or U.N.S. earnings for 1991, was effectively Department of Commerce (‘‘the series. The merchandise is currently terminated by Decree Law 8034, April Department’’) initiated a sunset review classified under Harmonized Tariff 12, 1990. Export Financing Under the of the countervailing duty order on Schedule (‘‘HTS’’) item numbers CIC–CREGE 14–11 Circular (which brass sheet and strip from Brazil (64 FR 7409.21.00 and 7409.29.00. The HTS became CIC–OPCRE 6–2–6) was deemed 4840) pursuant to section 751(c) of the item numbers are provided for to be terminated as it had set interest Tariff Act of 1930, as amended (‘‘the convenience and U.S. Customs rates equal to those of market rate loans Act’’). On the basis of a notice of intent purposes. The written description as of September 20, 1988, and there is to participate and adequate substantive remains dispositive. no evidence of current or future comments filed on behalf of the changes. Finally, the Import Duty domestic interested parties, as well as History of the Order Exemption Under Decree Law 1189 was inadequate response (in this case, no In the original investigation, the officially terminated by the Government response) from respondent interested Department received information on of Brazil by Decree Law 7988, Article 7, parties, the Department determined to two Brazilian producers and exporters on December 28, 1989. In its final conduct an expedited (120 day) review. that accounted for substantially all results of review, the Department noted As a result of this review, the exports of brass sheet and strip to the that substantial documentation, Department finds that termination of the United States during the period of including verification reports, countervailing duty order would be investigation. In its final affirmative confirmed the termination without likely to lead to continuation or countervailing duty determination (52 replacement of these four recurrence of a countervailable subsidy. FR 1218, January 12, 1987), the FOR FURTHER INFORMATION CONTACT: Department concluded that the 1 See Final Affirmative Countervailing Duty Kathryn B. McCormick or Melissa G. Government of Brazil was providing Determination: Brass Sheet and Strip From Brazil, Skinner, Office of Policy for Import countervailable subsidies to exporters of November 10, 1986 (51 FR 40837).

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 48368 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices countervailable subsidy programs.2 As a 1999, in accordance with section Bulletin providing guidance on result of the review, the Department set 751(c)(5)(B) of the Act.3 methodological and analytical issues, the duty deposit at zero. No additional including the basis for likelihood Determination reviews have been conducted. determinations. The Department In accordance with section 751(c)(1) clarified that determinations of Background of the Act, the Department is conducting likelihood will be made on an order- On February 1, 1999, the Department this review to determine whether wide basis (see section III.A.2 of the initiated a sunset review of the termination of the countervailing duty Sunset Policy Bulletin). Additionally, countervailing duty order on brass sheet order would be likely to lead to the Department normally will determine and strip from Brazil (64 FR 4840), continuation or recurrence of a that revocation of a countervailing duty pursuant to section 751(c) of the Act. On countervailable subsidy. Section 752(b) order is likely to lead to continuation or February 16, 1999, the Department of the Act provides that, in making this recurrence of a countervailable subsidy received a Notice of Intent to Participate determination, the Department shall where (a) a subsidy program continues, on behalf of Heyco Metals, Inc. consider the net countervailable subsidy (b) a subsidy program has been only (‘‘Heyco’’), Hussey Copper Ltd. determined in the investigation and temporarily suspended, or (c) a subsidy (‘‘Hussey’’), Olin Corporation-Brass subsequent reviews, and whether any program has been only partially Group (‘‘Olin’’), Outokumpu American change in the program which gave rise terminated (see section III.A.3.a of the Brass (‘‘Outokumpu’’) (formerly to the net countervailable subsidy is Sunset Policy Bulletin). Exceptions to American Brass Company), PMX likely to affect that net countervailable this policy are provided where a Industries, Inc. (‘‘PMX’’), Revere Copper subsidy. Pursuant to section 752(b)(3) of company has a long record of not using Products, Inc. (‘‘Revere’’), the the Act, the Department shall provide to a program (see section III.A.3.b of the International Association of Machinists the International Trade Commission Sunset Policy Bulletin). and Aerospace Workers, the United (‘‘the Commission’’) the net In addition to considering the Auto Workers (Local 2367), and the countervailable subsidy likely to prevail guidance cited above, section United Steelworkers of America (AFL/ if the order is revoked. In addition, 751(c)(4)(B) of the Act provides that the CIO–CLC) (hereinafter, collectively consistent with section 752(a)(6), the Department shall determine that ‘‘domestic interested parties’’), within Department shall provide to the revocation of an order is likely to lead the deadline specified in section Commission information concerning the to continuation or recurrence of 351.218(d)(1)(i) of the Sunset nature of the subsidy and whether it is dumping where a respondent interested Regulations. The domestic interested a subsidy described in Article 3 or party waives its participation in the parties claimed interested party status Article 6.1 of the 1994 WTO Agreement sunset review. Moreover, pursuant to under sections 771(9)(C) and (D) of the on Subsidies and Countervailing the SAA, at 881, in a review of a Act as domestic brass mills, rerollers, Measures (‘‘Subsidies Agreement’’). countervailing duty order, when the and unions engaged in the production of The Department’s determinations foreign government has waived brass sheet and strip. With the concerning continuation or recurrence participation, the Department shall exception of Heyco, all of the of a countervailable subsidy are conclude that revocation of the order aforementioned parties were original discussed below. In addition, the would be likely to lead to a continuation petitioners in this case. domestic interested parties’ comments or recurrence of a countervailable We received a complete substantive with respect to these issues are subsidy for all respondent interested response from the domestic interested addressed within the respective parties.4 In the instant review, the parties on March 3, 1999, within the 30- sections. Department did not receive a response day deadline specified in the Sunset from the foreign government or from Continuation or Recurrence of a any other respondent interested party. Regulations under section Countervailable Subsidy 351.218(d)(3)(i); we did not receive a Pursuant to section 351.218(d)(2)(iii) of substantive response from any Drawing on the guidance provided in the Sunset Regulations, this constitutes government or respondent interested the legislative history accompanying the a waiver of participation. party to this proceeding. As a result, Uruguay Round Agreements Act In their substantive response, the pursuant to 19 CFR 351.218(e)(1)(ii)(C), (‘‘URAA’’), specifically, the Statement of domestic interested parties assert that, the Department determined to conduct Administrative Action (‘‘SAA’’), H.R. consistent with the Act and SAA, and an expedited, 120-day, review of this Doc. No. 103–316, vol. 1 (1994), the absent significant evidence to the order. House Report, H.R. Rep. No. 103–826, contrary, continuation, temporary The Department determined that the pt.1 (1994), and the Senate Report, S. suspension or partial termination of a sunset review of the countervailing duty Rep. No. 103–412 (1994), the subsidy program will be highly order on brass sheet and strip from Department issued its Sunset Policy probative of the likelihood of Brazil is extraordinarily complicated. In continuation or recurrence of accordance with section 751(c)(5)(C)(v) 3 See Porcelain-on-Steel Cooking Ware From the countervailable subsidies (see March 3, of the Act, the Department may treat a People’s Republic of China, Porcelain-on-Steel 1999 Substantive Response of domestic Cooking Ware From Taiwan, Top-of-the-Stove interested parties at 33). review as extraordinarily complicated if Stainless Steel Cooking Ware From Korea (South) it is a review of a transition order (i.e., (AD & CVD), Top-of-the-Stove Stainless Steel In their March 12, 1999 comments, an order in effect on January 1, 1995). Cooking Ware From Taiwan (AD & CVD), Standard the domestic interested parties assert (See section 751(c)(6)(C) of the Act.) Carnations From Chile (AD & CVD), Fresh Cut that the Department should find that Flowers From Mexico, Fresh Cut Flowers From revocation of the countervailing duty Therefore, on June 7, 1999, the Ecuador, Brass Sheet and Strip From Brazil (AD & Department extended the time limit for CVD), Brass Sheet and Strip From Korea (South), order on brass sheet and strip from completion of the final results of this Brass Sheet and Strip From France (AD & CVD), Brazil will result in the continuation or review until not later than August 30, Brass Sheet and Strip From Germany, Brass Sheet recurrence of a countervailable subsidy and Strip From Italy, Brass Sheet and Strip From on the basis of the failure of respondent Sweden, Brass Sheet and Strip From Japan, 2 See Brass Sheet and Strip From Brazil; Final Pompon Chrysanthemums From Peru: Extension of interested parties to file a complete Results of Countervailing Duty Administrative Time Limit for Final Results of Five-Year Reviews, Review, 56 FR 56631 (November 6, 1991). 64 FR 30305 (June 7, 1999). 4 See 19 CFR 351.218(d)(2)(iv).

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LaRussa, will conclude that revocation or Department should determine that the termination would be likely to lead to Assistant Secretary for Import net countervailable subsidy likely to Administration. continuation of countervailable prevail should be the country-wide rate [FR Doc. 99–23045 Filed 9–2–99; 8:45 am] subsidies (see March 12, 1999 of 3.47 percent, the rate set forth in the comments of domestic interested parties original investigation. BILLING CODE 3510±DS±P at 3). The Department disagrees with the In this sunset review, as argued by the domestic interested parties’ position DEPARTMENT OF COMMERCE domestic interested parties, the with respect to the appropriate subsidy Department is required by section rate to be reported to the Commission. International Trade Administration 751(c)(4)(B) of the Act to find likelihood As acknowledged by the domestic [C±427±603] on the basis that the government of interested parties, in this case, the Brazil and the respondents waived their Department found that all of the Final Results of Expedited Sunset right to participate in this review. The countervailable subsidy programs have participation of the government that has Review: Brass Sheet and Strip from been terminated, without likelihood of France provided subsidies is necessary to reinstatement. Absent information on determine that the producers/exporters usage of other countervailable subsidy AGENCY: Import Administration, of subject merchandise no longer programs, the Department has no basis International Trade Administration, receive subsidies and, without such on which to determine the net Department of Commerce. participation, we must conclude that the countervailable subsidy likely to ACTION: Notice of Final Results of producers/exporters continue to be prevail. Expedited Sunset Review: Brass Sheet subsidized. Therefore, consistent with and Strip from France. the statute and SAA, the Department Nature of the Subsidy determines that revocation of the order In the Sunset Policy Bulletin, the SUMMARY: On February 1, 1999, the is likely to result in continuation or Department states that, consistent with Department of Commerce (‘‘the recurrence of a countervailable subsidy. section 752(a)(6) of the Act, the Department’’) initiated a sunset review Net Countervailable Subsidy Department will provide information to of the countervailing duty order on the Commission concerning the nature brass sheet and strip from France (64 FR In the Sunset Policy Bulletin, the 4840) pursuant to section 751(c) of the Department states that, consistent with of the subsidy and whether the subsidy is a subsidy described in Article 3 or Tariff Act of 1930, as amended (‘‘the the SAA and House Report, the Act’’). On the basis of a notice of intent Department normally will select a rate Article 6.1 of the Subsidies Agreement. In their March 3, 1999 substantive to participate and adequate substantive from the investigation because that is comments filed on behalf of domestic the only calculated rate that reflects the response, the domestic interested parties, did not address this issue. interested parties, as well as inadequate behavior of exporters and foreign response (in this case, no response) from governments without the discipline of However, since all of the known countervailable programs have been respondent interested parties, the an order or suspension agreement in Department determined to conduct an place. However, the Sunset Policy terminated, there is no nature of the subsidy to report to the Commission. expedited (120 day) review. As a result Bulletin also allows for adjustments to of this review, the Department finds that be made to the net subsidy rate likely to Final Results of Review termination of the countervailing duty prevail where programs have either order would be likely to lead to been terminated, with no residual As a result of this review, the Department finds that revocation of the continuation or recurrence of a benefits, and where the Department has countervailable subsidy. The net found new countervailable programs to countervailing duty order would be 5 likely to lead to continuation or countervailable subsidy and the nature exist. Additionally, where the of the subsidy are identified in the Department determined company- recurrence of a countervailable subsidy. However, as a result of termination of ‘‘Final Results of Review’’ section of this specific countervailable subsidy rates in notice. the original investigation, the Sunset all known countervailable programs, the FOR FURTHER INFORMATION CONTACT: Policy Bulletin states that the Department is unable to determine the Department will report to the net countervailable subsidy likely to Kathryn B. McCormick or Melissa G. Commission company-specific rates for prevail. Skinner, Office of Policy for Import those companies from the original This notice serves as the only Administration, International Trade investigation as well as an ‘‘all others’’ reminder to parties subject to Administration, US Department of rate (see Sunset Policy Bulletin at administrative protective order (APO) of Commerce, 14th Street & Constitution section III.A.4). their responsibility concerning the Avenue, NW, Washington, D.C. 20230; The domestic interested parties cite disposition of proprietary information telephone: (202) 482–1698 or (202) 482– the SAA statement that the disclosed under APO in accordance 1560, respectively. Administration intends that Commerce with 19 CFR 351.305 of the EFFECTIVE DATE: September 3, 1999. Department’s regulations. Timely normally will select the rate from the Statute and Regulations investigation because that is the only notification of return/destruction of APO materials or conversion to judicial This review was conducted pursuant 5 See sections III.B.1, III.B.3.A, and III.B.3.C of the protective order is hereby requested. to sections 751(c) and 752 of the Act. Sunset Policy Bulletin. Failure to comply with the regulations The Department’s procedures for the

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.304 pfrm08 PsN: 03SEN1 48370 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices conduct of sunset reviews are set forth conducted any administrative reviews 1999, in accordance with section in Procedures for Conducting Five-year since the issuance of the order. 751(c)(5)(B) of the Act.1 (‘‘Sunset’’) Reviews of Antidumping and Background Determination Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) (‘‘Sunset On February 1, 1999, the Department In accordance with section 751(c)(1) Regulations’’). Guidance on initiated a sunset review of the of the Act, the Department is conducting methodological or analytical issues countervailing duty order on brass sheet this review to determine whether relevant to the Department’s conduct of and strip from France (64 FR 4840), termination of the countervailing duty sunset reviews is set forth in the pursuant to section 751(c) of the Act. order would be likely to lead to Department’s Policy Bulletin 98:3— The Department received a Notice of continuation or recurrence of a Policies Regarding the Conduct of Five- Intent to Participate on behalf of Heyco countervailable subsidy. Section 752(b) year (‘‘Sunset’’) Reviews of Metals, Inc. (‘‘Heyco’’), Hussey Copper of the Act provides that, in making this Antidumping and Countervailing Duty Ltd. (‘‘Hussey’’), Olin Corporation-Brass determination, the Department shall Orders; Policy Bulletin, 63 FR 18871 Group (‘‘Olin’’), Outokumpu American consider the net countervailable subsidy (April 16, 1998) (‘‘Sunset Policy Brass (‘‘Outokumpu’’) (formerly determined in the investigation and Bulletin’’). American Brass Company), PMX subsequent reviews, and whether any change in the program which gave rise Scope Industries, Inc. (‘‘PMX’’), Revere Copper Products, Inc. (‘‘Revere’’), the to the net countervailable subsidy has This order covers shipments of coiled, International Association of Machinists occurred and is likely to affect that net wound-on-reels (traverse wound), and and Aerospace Workers, the United countervailable subsidy. Pursuant to cut-to-length brass sheet and strip (not section 752(b)(3) of the Act, the leaded or tinned) from France. The Auto Workers (Local 2367), and the United Steelworkers of America (AFL/ Department shall provide to the subject merchandise has, regardless of International Trade Commission (‘‘the width, a solid rectangular cross section CIO-CLC) (hereinafter, collectively ‘‘domestic interested parties’’) on Commission’’) the net countervailable over 0.0006 inches (0.15 millimeters) subsidy likely to prevail if the order is through 0.1888 inches (4.8 millimeters) February 16, 1999, within the deadline specified in section 351.218(d)(1)(i) of revoked. In addition, consistent with in finished thickness or gauge. The section 752(a)(6), the Department shall chemical composition of the covered the Sunset Regulations. We received a complete substantive response from the provide to the Commission information products is defined in the Copper concerning the nature of the subsidy Development Association (‘‘C.D.A.’’) domestic interested parties on March 3, 1999, within the 30-day deadline and whether it is a subsidy described in 200 Series or the Unified Numbering Article 3 or Article 6.1 of the 1994 WTO System (‘‘U.N.S.’’) C2000; this review specified in the Sunset Regulations under section 351.218(d)(3)(i). Agreement on Subsidies and does not cover products with chemical Countervailing Measures (‘‘Subsidies compositions that are defined by The domestic interested parties Agreement’’). anything other than the C.D.A. or U.N.S. claimed interested party status under 19 The Department’s determinations series. The merchandise is currently U.S.C. 1677(9)(C) and (D) as well as concerning continuation or recurrence classified under Harmonized Tariff under sections 771(9)(C) and (D) of the of a countervailable subsidy, the net Schedule (‘‘HTS’’) item numbers Act, as domestic brass mills, rerollers, countervailable subsidy likely to prevail 7409.21.00 and 7409.29.00. The HTS and unions engaged in the production of if the order is revoked, and nature of the item numbers are provided for brass sheet and strip. With the subsidy are discussed below. In convenience and U.S. Customs exception of Heyco, all of the addition, the domestic interested purposes. The written description aforementioned parties were original parties’ comments with respect to each remains dispositive. petitioners in this case. of these issues are addressed within the This review covers all producers and We did not receive a substantive respective sections. exporters of brass sheet and strip from response from any respondent France. Continuation or Recurrence of a interested party to this proceeding. Countervailable Subsidy History of the Order Pursuant to section 351.218(d)(2)(iii) of the Sunset Regulation, this constitutes a Drawing on the guidance provided in The Government of France, Pechiney waiver of participation. As a result, the legislative history accompanying the S.A. (‘‘Pechiney’’) and Trefimeteaux S.A pursuant to 19 CFR 351.218(e)(1)(ii)(C), Uruguay Round Agreements Act (‘‘Trefimeteaux’’) participated in the the Department determined to conduct (‘‘URAA’’), specifically the SAA, H.R. original investigation. Two programs an expedited, 120-day, review of this Doc. No. 103–316, vol. 1 (1994), the were found to confer subsidies: (1) order. House Report, H.R. Rep. No. 103–826, Government Equity Infusion and Other pt.1 (1994), and the Senate Report, S. Financial Assistance to Trefimetaux, The Department determined that the and (2) Certain Financing from Credit sunset review of the countervailing duty 1 See Porcelain-on-Steel Cooking Ware From the National. investigation on brass sheet and strip People’s Republic of China, Porcelain-on-Steel The Department published its final from France is extraordinarily Cooking Ware From Taiwan, Top-of-the-Stove complicated. In accordance with Stainless Steel Cooking Ware From Korea (South) affirmative countervailing duty (AD & CVD), Top-of-the-Stove Stainless Steel determination on brass sheet and strip 751(c)(5)(C)(v) of the Act, the Cooking Ware From Taiwan (AD & CVD), Standard from France in the Federal Register on Department may treat a review as Carnations From Chile (AD &CVD), Fresh Cut January 12, 1987 (52 FR 1218) and extraordinarily complicated if it is a Flowers From Mexico, Fresh Cut Flowers From review of a transition order (i.e., an Ecuador, Brass Sheet and Strip From Brazil (AD & issued the countervailing duty order on CVD), Brass Sheet and Strip From Korea (South), March 6, 1987 (52 FR 6996). The order in effect on January 1, 1995). (See Brass Sheet and Strip From France (AD & CVD), Department determined the estimated section 751(c)(6)(C) of the Act.) Brass Sheet and Strip From Germany, Brass Sheet net subsidy to be 7.24 percent and the Therefore, on June 7, 1999, the and Strip From Italy, Brass Sheet and Strip From Department extended the time limit for Sweden, Brass Sheet and Strip From Japan, order remains in effect for all producers Pompon Chrysanthemums From Peru: Extension of and exporters of brass sheet and strip completion of the final results of this Time Limit for Final Results of Five-Year Reviews, from France. The Department has not review until not later than August 30, 64 FR 30305 (June 7, 1999).

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Rep. No. 103-412 (1994), the 3, 1999 Substantive Response of is 7.24 percent, the rate set forth in the Department issued its Sunset Policy domestic interested parties at 38), and original investigation. Bulletin providing guidance on they submit as support the fact that the The rate determined in the original methodological and analytical issues, order has never been subject to an investigation was 7.24 percent for all including the basis for likelihood administrative review. imports of brass sheet and strip from determinations. The Department In its final countervailing duty France, and, as noted above, there have clarified that determinations of determination (January 12, 1987; 52 FR been no administrative reviews of this likelihood will be made on an order- 1218), the Department concluded that order. Absent administrative review, the wide basis (see section III.A.2 of the the Government of France was Department has never found that Sunset Policy Bulletin). Additionally, providing countervailable subsidies to substantive changes have been made to the Department normally will determine exporters of the subject merchandise the programs found to be that revocation of a countervailing duty through two different programs: (1) countervailable. Therefore, since no order is likely to lead to continuation or Government Equity Infusion and Other changes have been made to any of the recurrence of a countervailable subsidy Financial Assistance and (2) Certain French subsidy programs, and absent where (a) A subsidy program continues, Financing from Credit National. any argument and evidence to the (b) a subsidy program has been only Trefimetaux, the sole producer/exporter contrary, the Department determines temporarily suspended, or (c) a subsidy reviewed by the Department, was that the net countervailable subsidy that program has been only partially determined to be receiving subsidies would be likely to prevail in the event terminated (see section III.A.3.a of the through both of these programs. of revocation of the order would be 7.24 Sunset Policy Bulletin). Exceptions to There have been no administrative percent. This rate is for all producers this policy are provided where a reviews of this order, nor has any and exporters of the subject company has a long record of not using evidence been submitted to the merchandise from France. Department demonstrating the a program (see section III.A.3.b of the Nature of the Subsidy Sunset Policy Bulletin). termination of these programs that In addition to considering the conferred countervailable subsidies. In the Sunset Policy Bulletin, the guidance on likelihood cited above, Therefore, it is reasonable to assume Department states that, consistent with section 751(c)(4)(B) of the Act provides that these programs continue to exist section 752(a)(6) of the Act, the that the Department shall determine that and are utilized. Absent argument and Department will provide to the revocation of an order is likely to lead evidence to the contrary, the Commission information concerning the to continuation or recurrence of Department determines that there is a nature of the subsidy, and whether the dumping where a respondent interested likelihood of continuation or recurrence subsidy is a subsidy described in Article party waives its participation in the of a countervailable subsidy if the order 3 or Article 6.1 of the Subsidies sunset review. Pursuant to the SAA, at were revoked. Agreement. The domestic interested parties did not address this issue in 881, in a review of a countervailing duty Net Countervailable Subsidy order, when the foreign government has their substantive response of March 3, waived participation, the Department In the Sunset Policy Bulletin, the 1999. shall conclude that revocation of the Department stated that, consistent with Because the receipt of benefit under order would be likely to lead to a the SAA and House Report, the one of the two programs is contingent continuation or recurrence of a Department normally will select a rate on exports, this program falls within the countervailable subsidy for all from the investigation, because that is definition of an export subsidy under respondent interested parties.2 In the the only calculated rate that reflects the Article 3.1(a) of the Subsidies instant review, the Department did not behavior of exporters and foreign Agreement. The remaining program, receive a response from the foreign governments without the discipline of although not falling within the government or from any other an order or suspension agreement in definition of an export subsidy under respondent interested party. Pursuant to place. The Department noted that this Article 3.1(a) of the Subsidies section 351.218(d)(2)(iii) of the Sunset rate may not be the most appropriate Agreement, could be found to be Regulations, this constitutes a waiver of rate if, for example, the rate was derived inconsistent with Article 6 if the net participation. from subsidy programs which were countervailable subsidy exceeds five The domestic interested parties argue found in subsequent reviews to be percent, as measured in accordance that revocation of the countervailing terminated, there has been a program- with Annex IV of the Subsidies duty order on brass sheet and strip from wide change, or the rate ignores a Agreement. The Department, however, France will result in the continuation or program found to be countervailable in has no information with which to make recurrence of a countervailable subsidy. a subsequent administrative review. 3 such a calculation, nor do we believe it Citing the SAA, the domestic interested The domestic interested parties, citing appropriate to attempt such a parties assert that continuation, the SAA, note that the Administration calculation in the course of a sunset temporary or partial termination of a intends that Commerce normally will review. Rather, we are providing the subsidy program will be highly select the rate from the investigation, Commission with the following program probative of the likelihood of because that is the only calculated rate descriptions. continuation or recurrence of that reflects the behavior or exporters Certain Financing from Credit countervailable subsidies, absent and foreign governments without the National. Trefimetaux received significant evidence to the contrary (see discipline of an order in place (see countervailable subsidies under a March 3, 1999 Substantive Response of March 3, 1999 Substantive Response of program of loans provided by Credit domestic interested parties at 33). The domestic interested parties at 45). National, which has a strong domestic interested parties assert that Therefore, the domestic interested relationship with the Government (the there is no indication that the French parties argue that the Department President of France appoints the government’s subsidy programs have should determine that the net General Manager). In this case, the been modified or eliminated (see March countervailable subsidy likely to prevail Department found that Trefimetaux received special loans from Credit 2 See 19 CFR 351.218(d)(2)(iv). 3 See section III.B.3 of the Sunset Policy Bulletin. National between 1976 and 1985.

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Specifically, Credit National provided to Dated: August 30, 1999. Regulations’’). Guidance on Trefimetaux a loan with an interest Robert S. LaRussa, methodological or analytical issues reduction contingent upon increasing Assistant Secretary for Import relevant to the Department’s conduct of exports, including the subject Administration. sunset reviews is set forth in the merchandise. Therefore, the Department [FR Doc. 99–23047 Filed 9–2–99; 8:45 am] Department’s Policy Bulletin 98:3— determines that this program BILLING CODE 3510±DS±P Policies Regarding the Conduct of Five- constituted an export subsidy. year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Government Equity Infusion and DEPARTMENT OF COMMERCE Orders; Policy Bulletin, 63 FR 18871 Other Financial Assistance to (April 16, 1998) (‘‘Sunset Policy Trefimetaux. This program enabled International Trade Administration Bulletin’’). Trefimetaux to receive equity infusions and other financial assistance from Final Results of Expedited Sunset Scope Pechiney, its parent company, from Review: Top-of-the-Stove Stainless The merchandise subject to this 1982 to 1985. Pechiney received direct Steel Cookware From Taiwan countervailing duty order is top-of-the- equity infusions from the Government [C±583±604] stove stainless steel cookware of France, and provided them to (‘‘cookware’’) from Taiwan. The subject Trefimetaux through (1) equity AGENCY: Import Administration, merchandise is all non-electric cooking infusions, (2) loans on terms International Trade Administration, ware of stainless steel which may have inconsistent with commercial Department of Commerce. one or more layers of aluminum, copper considerations, and (3) government ACTION: Notice of Final Results of or carbon steel for more even heat grants during a period when Expedited Sunset Review: Top-of-the- distribution. The subject merchandise Trefimetaux was determined by the Stove Stainless Steel Cookware from includes skillets, frying pans, omelette Department to be neither equity nor Taiwan. pans, saucepans, double boilers, stock pots, dutch ovens, casseroles, steamers, credit-worthy. SUMMARY: On February 1, 1999, the and other stainless steel vessels, all for Department of Commerce (‘‘the Final Results of Review cooking on stove top burners, except tea Department’’) initiated a sunset review kettles and fish poachers. As a result of this review, the of the countervailing duty order on top- Excluded from the scope of the orders Department finds that revocation of the of-the-stove stainless steel cookware are stainless steel oven ware and countervailing duty order would be from Taiwan (64 FR 4840) pursuant to stainless steel kitchen ware. ‘‘Universal likely to lead to continuation or section 751(c) of the Tariff Act of 1930, pan lids’’ are not within the scope of the recurrence of a countervailable subsidy. as amended (‘‘the Act’’). On the basis of order (57 FR 57420, December 4, 1992). The net countervailable subsidy has a notice of intent to participate and an Cookware is currently classifiable been determined to be: adequate substantive response filed on under Harmonized Tariff Schedule behalf of domestic interested parties and (HTS) item numbers 7323.93.00 and Margin an inadequate response (in this case, no 9604.00.00. The HTS item numbers are Manufacturer/Exporter (percent) response) from respondent interested provided for convenience and Customs parties, the Department determined to Trefimetaux S.A...... 7.24 purposes only. The written description conduct an expedited review. As a remains dispositive. All Others ...... 7.24 result of this review, the Department finds that revocation of the History of the Order The Government of France’s subsidy countervailing duty order would be The countervailing duty order on programs, as determined in the original likely to lead to continuation or cookware from Taiwan was published investigation, have been deemed to be recurrence of a countervailable subsidy. in the Federal Register on January 20, countervailable subsidies within the The net countervailable subsidy and the 1987 (52 FR 2141). definitions provided by Article 3 and nature of the subsidy are identified in In the original investigation of Article 6.1 of the Subsidies Agreement, the Final Results of Review section of to cookware from Taiwan, the Department and all of these subsidy programs, as this notice. determined the following four programs determined in the original investigation, FOR FURTHER INFORMATION CONTACT: conferred countervailable export remain in place today. Darla D. Brown or Melissa G. Skinner, subsidies: (1) Export Loss Reserve—0.001 This notice serves as the only Office of Policy for Import percent ad valorem; reminder to parties subject to Administration, International Trade Administration, U.S. Department of (2) 25 Percent Income Tax Ceiling for administrative protective order (APO) of Big Trading Companies—0.010 percent their responsibility concerning the Commerce, 14th Street & Constitution Ave., NW., Washington, D.C. 20230; ad valorem; disposition of proprietary information (3) Over-Rebate of Duty Drawback on disclosed under APO in accordance telephone: (202) 482–3207 or (202) 482– 1560, respectively. Imported Materials Physically with 19 CFR 351.305 of the Incorporated in Export Merchandise— EFFECTIVE DATE: September 3, 1999. Department’s regulations. Timely 2.128 percent ad valorem; and notification of return/destruction of Statute and Regulations: (4) Rebate of Import Duties and APO materials or conversion to judicial This review was conducted pursuant Indirect Taxes on Imported Materials protective order is hereby requested. to sections 751(c) and 752 of the Act. Not Physically Incorporated in Export Failure to comply with the regulations The Department’s procedures for the Merchandise—0.002 percent ad 1 and the terms of an APO is a conduct of sunset reviews are set forth valorem. sanctionable violation. in Procedures for Conducting Five-year This five-year (‘‘sunset’’) review and 1 Final Affirmative Countervailing Duty (‘‘Sunset’’) Reviews of Antidumping and Determination: Certain Stainless Steel Cooking notice are in accordance with sections Countervailing Duty Orders, 63 FR Ware from Taiwan, 51 FR 42891(November 26, 751(c), 752, and 777(i)(1) of the Act. 13516 (March 20, 1998) (‘‘Sunset 1986).

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The Department determined that Determination recurrence of a countervailable subsidy these four programs conferred a bounty In accordance with section 751(c)(1) where (a) a subsidy program continues, or grant, the net amount of which was of the Act, the Department conducted (b) a subsidy program has been only calculated to be 2.14 percent ad valorem this review to determine whether temporarily suspended, or (c) a subsidy for all Taiwanese exporters/producers of revocation of the countervailing duty program has been only partially cookware. order would be likely to lead to terminated (see section III.A.3.a of the Since the original investigation, the continuation or recurrence of Sunset Policy Bulletin). Exceptions to Department has conducted no countervailable subsidies. Section this policy are provided where a administrative reviews of the order. The 752(b) of the Act provides that, in company has a long record of not using order, therefore, remains in effect for all making this determination, the a program (see section III.A.3.b of the known manufacturers and exporters of Department shall consider the net Sunset Policy Bulletin). the subject merchandise from Taiwan. countervailable subsidy determined in In addition to considering the the investigation and subsequent guidance on likelihood cited above, Background reviews, and whether any change in the section 751(c)(4)(B) of the Act provides that the Department shall determine that On February 1, 1999, the Department program which gave rise to the net revocation of the order would be likely initiated a sunset review of the countervailable subsidy has occurred to lead to continuation or recurrence of countervailing duty order on cookware that is likely to affect that net a countervailable subsidy where a from Taiwan (64 FR 4840), pursuant to countervailable subsidy. Pursuant to respondent interested party waives its section 751(c) of the Act. The section 752(b)(3) of the Act, the Department shall provide to the participation in the sunset review. Department received a Notice of Intent Moreover, according to the guidance to Participate on behalf of the Stainless International Trade Commission (‘‘the Commission’’) the net countervailable provided by the SAA, at 881, in a Steel Cookware Committee, whose review of a countervailing duty order, current members are Regal Ware, Inc., subsidy likely to prevail if the order is revoked. In addition, consistent with when the foreign government has All-Clad Metalcrafters, Inc., and Vita waived participation, the Department Craft Corp. (collectively, the section 752(a)(6), the Department shall provide the Commission information shall conclude that revocation of the ‘‘Committee’’), on February 16, 1999, order would be likely to lead to within the deadline specified in section concerning the nature of each subsidy and whether the subsidy is a subsidy continuation or recurrence of a 351.218(d)(1)(i) of the Sunset countervailable subsidy for all Regulations. Pursuant to section described in Article 3 or Article 6.1 of 3 the 1994 WTO Agreement on Subsidies respondent interested parties. In the 771(9)(E) of the Act, the Committee instant review, the Department did not claimed interested party status as an and Countervailing Measures (‘‘Subsidies Agreement’’). receive a substantive response from the association of U.S. manufacturers of a foreign government or from any other domestic like product. In addition, the The Department’s determinations concerning continuation or recurrence respondent interested party. Pursuant to Committee’s individual members section 351.218(d)(2)(iii) of the Sunset claimed domestic interested party status of a countervailable subsidy, the net countervailable subsidy likely to prevail Regulations, this constitutes a waiver of pursuant to section 771(9)(C) of the Act, participation. as domestic producers of a like product. if the order is revoked, and nature of the subsidy are discussed below. In The Committee asserted in its The Department received a complete substantive response that Taiwanese substantive response from the addition, the Committee’s comments with respect to each of these issues are producers/exporters of cookware Committee on March 3, 1999, within the continue to receive countervailable 30-day deadline specified in the Sunset addressed within the respective sections below. benefits from four programs Regulations under section administered by the GOT and found by 351.218(d)(3)(i). We did not receive a Continuation or Recurrence of a the Department in the original substantive response from any Countervailable Subsidy investigation to confer countervailable respondent interested party. As a result, Drawing on the guidance provided in subsidies. Although no administrative pursuant to 19 CFR 351.218(e)(1)(ii)(C), the legislative history accompanying the reviews have been conducted since the the Department determined to conduct Uruguay Round Agreements Act imposition of the original countervailing an expedited, 120-day, review of this (‘‘URAA’’), specifically the Statement of duty order, the Committee argued that it order. Administrative Action (‘‘the SAA’’), is not aware of any other Department The Department determined that the H.R. Doc. No. 103–316, vol. 1 (1994), the determinations in which these programs sunset review of the countervailing duty House Report, H.R. Rep. No. 103–826, were found not countervailable. order on cookware from Taiwan is pt.1 (1994), and the Senate Report, S. Therefore, the Committee maintained extraordinarily complicated. In Rep. No. 103–412 (1994), the that the Department should determine accordance with section 751(c)(5)(C)(v) Department issued its Sunset Policy that revocation of the countervailing of the Act, the Department may treat a Bulletin providing guidance on duty order on cookware from Taiwan review as extraordinarily complicated if methodological and analytical issues, would likely result in the continuation it is a review of a transition order (i.e., including the basis for likelihood of a countervailable subsidy. an order in effect on January 1, 1995). determinations. The Department We agree with the Committee that the (See section 751(c)(6)(C) of the Act.) clarified that determinations of Taiwanese programs remain in place. As Therefore, on June 7, 1999, the likelihood will be made on an order- noted above, in our final determination, Department extended the time limit for wide basis (see section III.A.2 of the the Department determined that the completion of the final results of this Sunset Policy Bulletin). Additionally, programs in question conferred review until not later than August 30, the Department normally will determine subsidies, the net amount of which was 1999, in accordance with section that revocation of a countervailing duty calculated to be 2.14 percent ad valorem 751(c)(5)(B) of the Act.2 order is likely to lead to continuation or for Taiwanese exporters/producers of cookware. The Department has 2 See Porcelain-on-Steel Cooking Ware From the Time Limit for Final Results of Five-Year Reviews, People’s Republic of China, et al.: Extension of 64 FR 30305 (June 7, 1999). 3 See 19 CFR 351.218(d)(2)(iv).

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.168 pfrm08 PsN: 03SEN1 48374 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices conducted no administrative reviews of report to the Commission an original Dated: August 30, 1999. this outstanding countervailing duty subsidy rate, as adjusted, to take into Robert S. LaRussa, order. account terminated programs, program- Assistant Secretary for Import Given that the programs found to wide changes, and programs found to be Administration. provide countervailable subsidies countervailable in subsequent reviews. [FR Doc. 99–23034 Filed 9–2–99; 8:45 am] continue to exist, the foreign We agree with the Committee that the BILLING CODE 3510±DS±P government and other respondent programs found to provide parties waived their right to participate countervailable subsidies continue to in this review before the Department, exist. Absent evidence or argument that DEPARTMENT OF COMMERCE and absent argument and evidence to there have been any changes to the the contrary, the Department determines International Trade Administration programs found to be countervailable in that it is likely that a countervailable [C±580±602] subsidy will continue if the order is the original investigation that would revoked. affect the net countervailable subsidy, Final Results of Expedited Sunset consistent with the Sunset Policy Net Countervailable Subsidy Review: Top-of-the-Stove Stainless Bulletin, the Department determines Steel Cookware From South Korea In the Sunset Policy Bulletin, the that the net countervailable subsidy Department stated that, consistent with likely to prevail if the order were AGENCY: Import Administration, the SAA and House Report, the revoked is 2.14 percent. International Trade Administration, Department normally will select a rate Department of Commerce. from the investigation as the net Nature of the Subsidy ACTION: Notice of final results of expedited sunset review: top-of-the- countervailable subsidy likely to prevail In the Sunset Policy Bulletin, the if the order is revoked because that is stove stainless steel cookware from Department stated that, consistent with the only calculated rate that reflects the South Korea. section 752(a)(6) of the Act, the behavior of exporters and foreign governments without the discipline of Department will provide information to SUMMARY: On February 1, 1999, the an order or suspension agreement in the Commission concerning the nature Department of Commerce (‘‘the place. The Department noted that this of the subsidy and whether it is a Department’’) initiated a sunset review rate may not be the most appropriate subsidy described in Article 3 or Article of the countervailing duty order on top- rate if, for example, the rate was derived 6.1 of the Subsidies Agreement. The of-the-stove stainless steel cookware from subsidy programs which were Committee did not specifically address from South Korea (64 FR 4840) pursuant found in subsequent reviews to be this issue in their substantive response. to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the terminated, if there has been a program- Because, in the original investigation, basis of a notice of intent to participate wide change, or if the rate ignores a we found receipt of benefits under each and an adequate substantive response program found to be countervailable in of the four programs to be contingent a subsequent administrative review. filed on behalf of domestic interested upon exports, these programs fall within parties and inadequate response (in this (See section III.B.3 of the Sunset Policy the definition of an export subsidy Bulletin.) Additionally, where the case, no response) from respondent under Article 3.1(a) of the Subsidies Department determined company- interested parties, the Department Agreement. specific countervailing duty rates in the determined to conduct an expedited original investigation, the Department Final Results of Review review. As a result of this review, the normally will report to the Commission Department finds that revocation of the company-specific rates from the original As a result of this review, the countervailing duty order would be investigation; where no company- Department finds that revocation of the likely to lead to continuation or specific rate was determined for a countervailing duty order would be recurrence of a countervailable subsidy. company, the Department normally will likely to lead to continuation or The net countervailable subsidy and the provide to the Commission the country- recurrence of a countervailable subsidy. nature of the subsidy are identified in wide or ‘‘all others’’ rate. (See section The net countervailable subsidy likely the Final Results of Review section of to III.B.2 of the Sunset Policy Bulletin.) to prevail if the order were revoked is this notice. In their substantive response, the 2.14 percent ad valorem. FOR FURTHER INFORMATION CONTACT: Committee argued that the net Darla D. Brown or Melissa G. Skinner, This notice serves as the only countervailable subsidy likely to prevail Office of Policy for Import if the order on cookware from Taiwan reminder to parties subject to Administration, International Trade is revoked is the net subsidy determined administrative protective order (APO) of Administration, U.S. Department of in the original investigation. their responsibility concerning the Commerce, 14th Street & Constitution Specifically, the Committee argued that disposition of proprietary information Ave.. NW., Washington, D.C. 20230; the rate likely to prevail if the order disclosed under APO in accordance telephone: (202) 482–3207 or (202) 482– were revoked is 2.14 percent ad with 19 CFR 351.305 of the 1560, respectively. valorem. The Committee pointed out Department’s regulations. Timely EFFECTIVE DATE: September 3, 1999. that, because the rate determined in the notification of return/destruction of original investigation is the only APO materials or conversion to judicial Statute and Regulations calculated rate which reflects the protective order is hereby requested. This review was conducted pursuant behavior of exporters without the Failure to comply with the regulations to sections 751(c) and 752 of the Act. discipline of the order in place, the and the terms of an APO is a The Department’s procedures for the Department’s policy provides that it sanctionable violation. conduct of sunset reviews are set forth normally will select this rate to provide This five-year (‘‘sunset’’) review and in Procedures for Conducting Five-year (‘‘Sunset’’) Reviews of Antidumping and to the Commission. notice are in accordance with sections As discussed in the Sunset Policy Countervailing Duty Orders, 63 FR 751(c), 752, and 777(i)(1) of the Act. Bulletin, the Department normally will 13516 (March 20, 1998) (‘‘Sunset

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Regulations’’). Guidance on Export Financing’’)—0.38 percent ad within the deadline specified in section methodological or analytical issues valorem; 351.218(d)(1)(i) of the Sunset relevant to the Department’s conduct of (2) Export Tax Reserve under Articles Regulations. Pursuant to section sunset reviews is set forth in the of the Act Concerning the Regulation of 771(9)(E) of the Act, the Committee Department’s Policy Bulletin 98:3— Tax Reduction and Exemption claimed interested party status as an Policies Regarding the Conduct of Five- (hereinafter ‘‘Export Tax Reserve’’)— association of U.S. manufacturers of a year (‘‘Sunset’’) Reviews of 0.01 percent ad valorem; domestic like product. In addition, the Antidumping and Countervailing Duty (3) Unlimited Deduction of Overseas Committee’s individual members Orders; Policy Bulletin, 63 FR 18871 Entertainment Expenses under Article claimed domestic interested party status (April 16, 1998) (‘‘Sunset Policy 18–2 of the Corporation Tax Law pursuant to section 771(9)(C) of the Act, Bulletin’’). (hereinafter ‘‘Unlimited Entertainment as domestic producers of a like product. Expense Deductions’’)—0.01 percent ad The Department received a complete Scope valorem; substantive response from the The merchandise subject to this (4) Loans to Promising Small and Committee on March 3, 1999, within the countervailing duty order is top-of-the- Medium Enterprises (hereinafter ‘‘Small 30-day deadline specified in the Sunset stove stainless steel cookware Business Loans’’)—0.11 percent ad Regulations under section (‘‘cookware’’) from Korea. The subject valorem; 351.218(d)(3)(i). We did not receive a merchandise is all non-electric cooking (5) Exemption from the Acquisition substantive response from any ware of stainless steel which may have Tax under the Law for the Promotion of respondent interested party. As a result, one or more layers of aluminum, copper Income Sources in Rural Areas pursuant to 19 CFR 351.218(e)(1)(ii)(C), or carbon steel for more even heat (hereinafter ‘‘Acquisition Tax the Department determined to conduct distribution. The subject merchandise Exemption’’)—0.07 percent ad valorem; an expedited, 120-day, review of this includes skillets, frying pans, omelette and order. pans, saucepans, double boilers, stock (6) Duty Drawback on Non-Physically The Department determined that the pots, dutch ovens, casseroles, steamers, Incorporated Items and Excessive Loss sunset review of the countervailing duty and other stainless steel vessels, all for Rates under the Duty Drawback System order on cookware from Korea is cooking on stove top burners, except tea (hereinafter ‘‘Duty Drawback extraordinarily complicated. In 1 kettles and fish poachers. Programs’’)—0.20 percent ad valorem. accordance with section 751(c)(5)(C)(v) The Department calculated that these Excluded from the scope of the order of the Act, the Department may treat a programs conferred a total net subsidy is stainless steel oven ware and stainless review as extraordinarily complicated if of 0.78 percent ad valorem for all steel kitchen ware. Certain stainless it is a review of a transition order (i.e., Korean manufacturers, producers, or steel pasta and steamer inserts and an order in effect on January 1, 1995). exporters, except Woo Sung Company certain stainless steel eight-cup coffee (See section 751(c)(6)(C) of the Act.) Ltd. and Dae Sung Industrial Company percolators are within the scope (63 FR Therefore, on June 7, 1999, the Ltd. As a result of de minimis net 41545 (August 4, 1998) and 58 FR 11209 Department extended the time limit for subsidies found for Woo Sung Company (February 24, 1993), respectively). completion of the final results of this Ltd. and Dae Sung Industrial Company Moreover, as a result of a changed review until not later than August 30, in Ltd., these two Korean producers/ circumstances review, the Department accordance with section 751(c)(5)(B) of exporters were excluded from the revoked the order on Korea with regards the Act.3 order.2 to certain stainless steel camping ware Since the original investigation, the Determination that (1) is made of single-ply stainless Department has conducted no steel having a thickness no greater than In accordance with section 751(c)(1) administrative reviews of the order. The of the Act, the Department conducted 6.0 millimeters; and (2) consists of 1.0, order, therefore, remains in effect for all 1.5, and 2.0 quart saucepans without this review to determine whether known manufacturers and exporters of revocation of the countervailing duty handles and with lids that also serve as the subject merchandise from Korea, fry pans (62 FR 32767, June 17, 1997). order would be likely to lead to except two: Woo Sung Company Ltd. continuation or recurrence of a Cookware is currently classifiable and Dae Sung Industrial Company Ltd. under Harmonized Tariff Schedule countervailable subsidy. Section 752(b) (‘‘HTS’’) item numbers 7323.93.00 and Background of the Act provides that, in making this 9604.00.00. The HTS item numbers are On February 1, 1999, the Department determination, the Department shall provided for convenience and Customs initiated a sunset review of the consider the net countervailable subsidy purposes only. The written description countervailing duty order on cookware determined in the investigation and remains dispositive. from Korea (64 FR 4840), pursuant to subsequent reviews, and whether any change in the program which gave rise History of the Order section 751(c) of the Act. The Department received a Notice of Intent to the net countervailable subsidy has The countervailing duty order on to Participate on behalf of the Stainless occurred that is likely to affect that net cookware from Korea was published in Steel Cookware Committee, whose countervailable subsidy. Pursuant to the Federal Register on January 20, current members are Regal Ware, Inc., section 752(b)(3) of the Act, the 1987 (52 FR 2140). In the original All-Clad Metalcrafters, Inc., and Vita Department shall provide to the investigation, the Department Craft Corp. (collectively, the International Trade Commission (‘‘the determined that the following six ‘‘Committee’’), on February 16, 1999, Commission’’) the net countervailable programs administered by the subsidy likely to prevail if the order is Government of Korea (‘‘GOK’’) 1Final Affirmative Countervailing Duty revoked. In addition, consistent with conferred bounties: Determination; Certain Stainless Steel Cooking section 752(a)(6), the Department shall (1) Short-Term Export Financing Ware from the Republic of Korea, 51 FR 42867 (November 26, 1986). 3 See Porcelain-on-Steel Cooking Ware From the under the Export Financing Regulations 2 Countervailing Duty Order; Certain Stainless People’s Republic of China, et. al.: Extension of and Foreign Trade Financing Steel Cooking Ware from the Republic of Korea, 52 Time Limit for Final Results of Five-Year Reviews, Regulations (hereinafter ‘‘Short-Term FR 2140 (January 20, 1987). 64 FR 30305 (June 7, 1999).

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.171 pfrm08 PsN: 03SEN1 48376 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices provide the Commission information parties.4 In the instant review, the determined that the programs in concerning the nature of each subsidy Department did not receive a question conferred a bounty or grant, and whether the subsidy is a subsidy substantive response from the foreign the net amount of which was calculated described in Article 3 or Article 6.1 of government or from any other to be 0.78 percent ad valorem for the 1994 WTO Agreement on Subsidies respondent interested party. Pursuant to Korean exporters/producers. The and Countervailing Measures section 351.218(d)(2)(iii) of the Sunset Department has conducted no (‘‘Subsidies Agreement’’). Regulations, this constitutes a waiver of administrative reviews of this The Department’s determinations participation. outstanding countervailing duty order. concerning continuation or recurrence In their substantive response, the We agree with the Committee that the of a countervailable subsidy, the net Committee argued that the GOK Korean programs, with the exception of countervailable subsidy likely to prevail continues to confer countervailable one,6 remain in place. Based on the if the order is revoked, and nature of the subsidies to Korean producers/exporters continued existence of programs found subsidy are discussed below. In of stainless steel cookware. The to provide countervailable subsidies, the addition, the Committee’s comments Committee identified the six programs fact that the foreign government and with respect to each of these issues are administered by the GOK and other respondent parties waived their addressed within the respective sections determined in the original investigation right to participate in this review before below. to confer bounties or grants. Further, the the Department, and absent argument Continuation or Recurrence of a Committee pointed out that, in its final and evidence to the contrary, the Countervailable Subsidy countervailing duty determination, the Department determines that it is likely Department calculated that these that a countervailable subsidy will Drawing on the guidance provided in programs conferred a total net subsidy continue if the order is revoked. the legislative history accompanying the of 0.78 percent ad valorem for all Uruguay Round Agreements Act Net Countervailable Subsidy Korean manufacturers, producers, or (‘‘URAA’’), specifically the Statement of exporters, except Woo Sung Company In the Sunset Policy Bulletin, the Administrative Action (‘‘the SAA’’), Ltd. and Dae Sung Industrial Company Department stated that, consistent with H.R. Doc. No. 103–316, vol. 1 (1994), the Ltd. the SAA and House Report, the House Report, H.R. Rep. No. 103–826, Of these six programs, the Committee Department normally will select a rate pt.1 (1994), and the Senate Report, S. argued that five continue to confer from the investigation as the net Rep. No. 103–412 (1994), the countervailable subsidies to Korean countervailable subsidy likely to prevail Department issued its Sunset Policy producers/exporters. The Committee if the order is revoked because that is Bulletin providing guidance on cited to the November, 1998, the only calculated rate that reflects the methodological and analytical issues, behavior of exporters and foreign including the basis for likelihood preliminary affirmative countervailing governments without the discipline of determinations. The Department duty determination with respect to an order or suspension agreement in clarified that determinations of stainless steel sheet and strip in coils place. The Department noted that this likelihood will be made on an order- from Korea and argued that the short- rate may not be the most appropriate wide basis (see section III.A.2 of the term export financing, export tax rate if, for example, the rate was derived Sunset Policy Bulletin). Additionally, reserve, small business loans, from subsidy programs which were the Department normally will determine acquisition tax exemption, and the duty found in subsequent reviews to be that revocation of a countervailing duty drawback programs continue to exist 5 terminated, if there has been a program- order is likely to lead to continuation or and confer countervailable benefits. wide change, or if the rate ignores a recurrence of a countervailable subsidy Additionally, the Committee noted that where (a) a subsidy program continues, in that same preliminary determination, program found to be countervailable in (b) a subsidy program has been only the Department determined that the a subsequent administrative review. temporarily suspended, or (c) a subsidy unlimited deduction of overseas (See section III.B.3 of the Sunset Policy program has been only partially entertainment expenses program had Bulletin.) Additionally, where the terminated (see section III.A.3.a of the been terminated. The Committee argued Department determined company- Sunset Policy Bulletin). Exceptions to that if, in the final determination, the specific countervailing duty rates in the this policy are provided where a Department finds that the program has original investigation, the Department company has a long record of not using been terminated and is not likely to be normally will report to the Commission a program (see section III.A.3.b of the reinstated, the Department should company-specific rates from the original Sunset Policy Bulletin). determine that the program will not investigation or where no company- In addition to considering the provide a countervailable subsidy if the specific rate was determined for a guidance on likelihood cited above, order were revoked. The Committee company, the Department normally will section 751(c)(4)(B) of the Act provides maintained, however, that the provide to the Commission the country- that the Department shall determine that Department should determine that wide or ‘‘all others’’ rate. (See section revocation of the order would be likely revocation of the countervailing duty III.B.2 of the Sunset Policy Bulletin.) to lead to continuation or recurrence of order on Korea would likely result in In their substantive response, the a countervailable subsidy where a the continuation of a countervailable Committee argued that the respondent interested party waives its subsidy on the basis of the continued countervailing duty rate likely to prevail participation in the sunset review. existence of five of the original six if the order on cookware from Korea is Pursuant to the SAA, at 881, in a review programs. As noted above, in our final 6 As noted by the Committee, the Department of a countervailing duty order, when the determined that the Article 18–2(5) of the Corporate foreign government has waived determination, the Department Tax Law, which provided that Korean exporters participation, the Department shall could deduct overseas entertainment expenses conclude that revocation of the order 4 See 19 CFR 351.218(d)(2)(iv). without limit, was repealed by revisions to the law 5See Preliminary Affirmative Countervailing Duty dated December 29, 1995 (see Final Affirmative would be likely to lead to continuation Determination: Stainless Steel Sheet and Strip in Countervailing Duty Determination: Stainless Steel or recurrence of a countervailable Coils from the Republic of Korea, 63 FR 63884 Sheet and Strip in Coils From the Republic of subsidy for all respondent interested (November 17, 1998). Korea, 64 FR 30636, 30650 (June 8, 1999)).

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As noted above, the Department will without the discipline of the order in Referring to section 752(b)(2) of the only consider other factors under place, the Department’s policy provides Act, the Sunset Policy Bulletin provides section 752(b)(2) of the Act where it that it normally will select this rate to that if the Department determines that determines good cause for such provide to the Commission. Noting that good cause is shown, the Department consideration has been shown. five of the six programs found to will consider other factors in sunset Additionally, the Sunset Regulations provide subsidies in the original reviews. Specifically, the Department specify that the Department normally investigation continue to exist, the will consider programs determined to will consider such other factors only Committee maintained that the provide countervailable subsidies in where it conducts a full sunset review. Department should include the subsidy other investigations or reviews, but only In this case, although the Committee rates it originally determined when to the extent that such programs (a) can argues that producers of cookware may calculating the net countervailable potentially be used by the exporters or benefit from this program because the subsidy in this sunset review. producers subject to the sunset review producers are likely to purchase The Committee also argued that the and (b) did not exist at the time that the stainless steel from POSCO, we have no Act requires the Department to consider countervailing duty order was issued information that cookware producers programs, in addition to those (see section III.C.1). Additionally, the actually benefit from this program. As considered in the original investigation, Sunset Policy Bulletin provides that if stated in the SAA at 889, the more determined in other reviews or the Department determines that good appropriate vehicle for consideration of investigations to provide cause is shown, the Department will new subsidies is an administrative countervailable subsidies. The also consider programs newly alleged to review pursuant to section 751(a) of the Committee argued that the Department provide countervailable subsidies, but Act, which the Committee did not should consider the dual pricing only to the extent that the Department request. Therefore, we are not scheme in which the GOK mandates makes an affirmative countervailing considering this program for the that POSCO, the government-owned duty determination with respect to such purpose of this review. steel producer, sell stainless steel to As a result of the termination of one programs and with respect to the domestic producers at a price below the program since the imposition of the exporters or producers subject to the international market price. This order, the Department determines that sunset review (see section III.C.2). Both program is referred to as POSCO’s Two- using the net countervailable subsidy sections specify that the burden is on Tiered Pricing Structure to Domestic rate as determined in the original interested parties to provide information Customers. The Committee argued that investigation is no longer appropriate. or evidence that would warrant Korean manufacturers of stainless steel Further, as noted above, because the consideration of the subsidy program in cookware are potential beneficiaries of Department has not conducted an question. this pricing scheme because they may administrative review of this order, no purchase a significant amount of their In the recent final affirmative other programs have been found to stainless steel requirements from countervailing duty determination on provide cookware producers/exporters a POSCO—the largest stainless steel stainless steel sheet and strip in coils countervailable subsidy. Therefore, we producer in Korea. Further, the from Korea, the Department found that have adjusted the net countervailable Committee argued that this pricing POSCO sold hot-rolled stainless steel subsidy from the original investigation scheme was not in existence in January coil, which was the main input into by subtracting the subsidy from the 1987, when the order on cookware was stainless steel sheet and strip in coils, to unlimited entertainment expense issued. In conclusion, the Committee the respondents in that investigation. deductions program which the argued that given the significance of this Additionally, the Department found that Department found terminated. (See program, 7 it is imperative that the POSCO charged a lower price to calculation memo of August 24, 1999.) Department include this program in domestic customers that purchase steel calculating the net countervailable for further processing into products that Nature of the Subsidy subsidy likely to prevail if the order is are exported than to domestic customers In the Sunset Policy Bulletin, the revoked. for products that will be consumed in Department stated that, consistent with As discussed in the Sunset Policy Korea. As a result, the Department section 752(a)(6) of the Act, the Bulletin, the Department normally will determined that POSCO’s two-tiered Department will provide information to report to the Commission an original pricing scheme constitutes an export the Commission concerning the nature subsidy rate as adjusted to take into subsidy under section 771(5A)(B) of the of the subsidy and whether it is a account terminated programs, program- Act and provides a financial subsidy described in Article 3 or Article wide changes, and programs found to be contribution to exporters under section 6.1 of the Subsidies Agreement. The countervailable in subsequent reviews. 771(5)(D) of the Act. The Department Committee did not specifically address Although no administrative review has measured the benefit provided to this issue in their substantive response. been conducted of the order on respondents from this program by Because the benefits received under cookware from Korea, we agree with the dividing the price savings 9 of four of the remaining five programs is Committee that the program for the contingent upon exports, these unlimited deduction of overseas 8 See footnote 6. programs fall within the definition of an 9 The price savings were calculated by comparing export subsidy under Article 3.1(a) of 7 Citing to the Department’s preliminary the prices charged by POSCO to respondents for the Subsidies Agreement. The determination in Stainless Sheet and Strip, 63 FR domestic production to the prices charged by at 63897, the Committee asserts that this program POSCO to respondents for export production (see was found to provide one respondent a Final Affirmative Countervailing Duty Coils From the Republic of Korea, 64 FR 30636, countervailable subsidy of 5.51 percent ad valorem. Determination: Stainless Steel Sheet and Strip in 30647 (June 8, 1999)).

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The country- Eleanor Roberts Lewis—Non-ITA— with Annex IV of the Subsidies wide net countervailable subsidy likely Career Agreement. The Department, however, to prevail if the order were revoked is Chief Counsel for International Trade has no information with which to make 0.77 percent ad valorem. 10 Troy H. Cribb—Non-Career such a calculation, nor do we believe it This notice serves as the only Deputy Assistant Secretary for appropriate to attempt such a reminder to parties subject to Textiles, Apparel and Consumer calculation in the course of a sunset administrative protective order (APO) of Goods review. Rather, we are providing the their responsibility concerning the Henry H. Misisco—Career Commission the following program disposition of proprietary information Director, Office of Automotive Affairs descriptions. disclosed under APO in accordance Marjory Searing—Career Deputy Assistant Secretary for Japan (1) Because only exporters are eligible with 19 CFR 351.305 of the Department’s regulations. Timely Joseph Spetrini—Career to use short-term export financing under Deputy Assistant Secretary for the Foreign Trade Regulations, short- notification of return/destruction of APO materials or conversion to judicial Antidumping Countervailing Duty term export financing falls within the Enforcement III definition of an export subsidy under protective order is hereby requested. Failure to comply with the regulations Franklin J. Vargo—Career Article 3.1(a) of the Subsidies Deputy Assistant Secretary for and the terms of an APO is a Agreement. Agreements Compliance sanctionable violation. Elizabeth C. Sears—Non-Career (2) The program for export tax This five-year (‘‘sunset’’) review and Deputy Assistant Secretary for Export reserves under Articles 22, 23, and 24 or notice are in accordance with sections Promotion Services the Act Concerning the Regulation of 751(c), 752, and 777(i)(1) of the Act. Tax Reduction and Exemption was LaVerne H. Hawkins—Executive found to confer benefits which Dated: August 30, 1999. Secretary constitute export subsidies because they Robert S. LaRussa, Office of Human Resources provide a deferral, contingent upon Assistant Secretary for Import Management, 202–482–2537 exports, of direct taxes. Therefore, this Administration. Dated: August 26, 1999. program falls within the definition of an [FR Doc. 99–23035 Filed 9–2–99; 8:45 am] James T. King, Jr., export subsidy under Article 3.1(a) of BILLING CODE 3510±DS±P Human Resources Manager. the Subsidies Agreement. [FR Doc. 99–23078 Filed 9–2–99; 8:45 am] (3) The program providing for small DEPARTMENT OF COMMERCE BILLING CODE 3510±25±P business loans to ‘‘promising’’ companies on the basis that they were International Trade Administration exporting companies, was found to be a DEPARTMENT OF COMMERCE countervailable export subsidy to the Performance Review Board extent that the loans were provided at National Oceanic and Atmospheric AGENCY: International Trade preferential interest. Because companies Administration Administration, Commerce. qualified for these loans on the basis of [Docket Number: 990624170±9170±01] export performance, this program falls ACTION: Notice. RIN 0648±ZA66 within the definition of an export SUMMARY: Announcement of New subsidy under Article 3.1(a) of the Member for the Performance Review Announcement of Graduate Research Subsidies Agreement. Board. Fellowships in the National Estuarine (4) Because the Duty Drawback FOR FURTHER INFORMATION CONTACT: Research Reserve System for Fiscal Program provides for duty drawback on LaVerne H. Hawkins, Department of Year 2000 items not physically incorporated into Commerce, Office of Human Resources AGENCY: Estuarine Reserves Division exported articles and because the duty Management, Room 4803, Washington, drawback for loss or wastage on (ERD), Office of Ocean and Coastal DC 20230 202–482–2537. Resource Management (OCRM), physically incorporated items is SUPPLEMENTARY INFORMATION: This unreasonable or excessive, we found the National Ocean Service (NOS), National notice announces the appointment by Oceanic and Atmospheric program to confer a countervailable the Under Secretary for International Administration (NOAA), Department of export subsidy. As such, this program Trade, David L. Aaron, of the Commerce (DOC). falls within the definition of an export Performance Review Board (PRB). The ACTION: Notice. subsidy under Article 3.1(a) of the appointments are for a 2 year period. Subsidies Agreement. The purpose of the International Trade SUMMARY: The Estuarine Reserves (5) Exemption from the acquisition Administration’s Performance Review Division (ERD) of the Office of Ocean tax under the Law for the Promotion of Board (PRB) is to review and make and Coastal Resource Management is Income Sources in Rural Areas is recommendations to the appointing soliciting applications for graduate limited to companies located in certain fellowship funding within the National regions of the country and therefore, 10 As noted above, due to de minimis net Estuarine Research Reserve System. may fall within the definition of an subsidies found for Woo Sung Company Ltd. and Dae Sung Industrial Company Ltd., these two This notice sets forth funding priorities, actionable subsidy under Article 6.1 of Korean producers/exporters were excluded from the selection criteria, and application the Subsidies Agreement. order. . procedures.

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The National Estuarine Research Reserve (Reserve) within the NERRS is Because NOAA is an active partner in Reserve System of the National Oceanic chosen to reflect regional differences NERRS research, funds will be awarded and Atmospheric Administration and to include a variety of ecosystem through a cooperative agreement. NOAA (NOAA) announces the availability of types in accordance with the may be involved in the award in the Graduate Research Fellowships. ERD classification scheme of the national following manner: anticipates that 34 Graduate Research program as presented in 15 CFR part The Estuarine Reserves Division (ERD), Fellowships will be competitively 921. Office of Ocean and Coastal Resource awarded to qualified graduate students Each Reserve supports a wide range of Management, reserves the right to whose research occurs within the beneficial uses of ecological, economic, immediately halt activity under this award if boundaries of at least one Reserve. recreational, and aesthetic values which it becomes obvious that award activities are not fulfilling the mission of the National Minority students are encouraged to are dependent upon the maintenance of apply. Fellowships will start no earlier Estuarine Research Reserve System. While a healthy ecosystem. The sites provide day-to-day management is the responsibility than June 1, 2000. habitats for a wide range of ecologically of the recipient, frequent guidance and DATES: Applications must be and commercially important species of direction is provided by the Federal postmarked no later than November 1, fish, shellfish, birds, and other aquatic Government for the successful conduct of 1999. Notification regarding the and terrestrial wildlife. Each Reserve this award. Non-compliance with a Federally awarding of fellowships will be issued has been designed to ensure its approved project may result in immediate on or about March 1, 2000. effectiveness as a conservation unit and halting of the award. ERD generally will review and approve ADDRESSES: Erica Hubertz, Program as a site for long-term research and each stage of work annually before the next Specialist, NOAA/Estuarine Reserves monitoring. As part of a national begins to assure that studies will produce Division, 1305 East-West Highway, system, the Reserves collectively viable information on which to form valid N/ORM5, SSMC4, 11th Floor, Silver provide an excellent opportunity to coastal management decisions. Spring, MD 20910, Attn: FY00 NERRS address research questions and All staff at NERRS sites are ineligible Research. Phone: 301–713–3132, ext. estuarine management issues of national to submit an application for a 172, Fax: 301–713–4363, internet: significance. For a detailed description fellowship under this Announcement. [email protected]. Web page: of the sites, contact the individual site Federal funds requested must be http://www.nos.noaa.gov/ocrm/nerr/ staff or refer to the NERR internet web matched by the applicant by at least l nerrs research.html. See Appendix I site provided in the ADDRESSES section. 30% of the TOTAL cost, not the Federal for National Estuarine Research Reserve III. Availability of Funds share, of the project. It is anticipated addresses. that fellowships receiving funding FOR FURTHER INFORMATION CONTACT: For Funds are expected to be available on under this announcement will begin no further information on specific research a competitive basis to qualified graduate earlier than June 1, 2000. opportunities at National Estuarine students for research within National Research Reserve sites, contact the site Estuarine Research Reserves leading to IV. Purpose and Priorities staff listed in Appendix I or the program a graduate degree. No more than two NERR Research funds are provided to specialist listed in the ADDRESSES fellowships at any one site will be support management-related research section above. For application funded at any one time; based upon projects that will enhance scientific information, contact Erica Hubertz of fellowships awarded in the 1999 understanding of the Reserve ecosystem, the Estuarine Reserves Division (see funding cycle, we anticipate 34 provide information needed by Reserve ADDRESSES above). openings for Fellowships in FY00. management and coastal management SUPPLEMENTARY INFORMATION: Fellowships are expected to be available decision-makers, and improve public at the following sites: awareness and understanding of I. Authority and Background estuarine ecosystems and estuarine Section 315 of the Coastal Zone NERR site Fellowships management issues (15 CFR § 921.50). Management Act of 1972, as amended The NERR Graduate Research (CZMA), 16 U.S.C. 1461, establishes the Ashepoo Combahee: Fellowship program is designed to fund Edisto Basin, SC ...... 1 high quality research focused on National Estuarine Research Reserve Apalachicola, FL ...... 1 System (NERRS). 16 U.S.C. 1461(e)(1)(B) Chesapeake Bay, MD ... 1 enhancing coastal zone management authorizes the Secretary of Commerce to Chesapeake Bay, VA .... 1 while providing students with hands-on make grants to any coastal state or Delaware ...... 1 training in ecological monitoring. public or private person for purposes of Elkhorn Slough, CA ...... 2 Research projects proposed in supporting research and monitoring Grand Bay, MS ...... 2 response to this announcement must: (1) within a national estuarine reserve that Great Bay, NH ...... 1 Address coastal management issues are consistent with the research Guana Tolomato: identified as having local, regional, or guidelines developed under subsection Matanzas, FL ...... 2 national significance, described in the Hudson River, NY ...... 2 (c). This program is listed in the Catalog ‘‘Scientific Areas of Support’’ below; Jobos Bay, PR ...... 1 and (2) be conducted within one or of Federal Domestic Assistance (CFDA) Kachemak Bay, AK ...... 2 under ‘‘Coastal Zone Management Narragansett Bay, RI ..... 2 more designated NERR sites. Funding Estuarine Research Reserves,’’ Number North Inlet-Winyah Bay, ($16,500 per year) is intended to 11.420. SC ...... 2 provide any combination of research North Carolina ...... 2 support, salary, tuition, supplies, or II. Information on Established National Old Woman Creek, OH 2 other costs as needed, including Estuarine Research Reserves Padilla Bay, WA ...... 1 overhead. Fellows will be expected to The NERRS consists of estuarine areas Rookery Bay, FL ...... 1 participate in an ecological training of the United States and its territories Sapelo Island, GA ...... 1 program that will entail some aspect of which are designated and managed for Tijuana River, CA ...... 2 ecological monitoring or research for up Waquoit Bay, MA ...... 2 research and educational purposes. Weeks Bay, AL ...... 2 to a maximum of 15 hours per week. Each National Estuarine Research Fellows conducting multi-site projects

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.095 pfrm08 PsN: 03SEN1 48380 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices may fulfill this requirement at one or a and three will be made available based otherwise) to the applicant’s graduate combination of sites but for no more on availability of funds and satisfactory studies, and an assurance that the than a total of 15 hours per week. This progress of research as determined by student is in good academic standing; training program may occur throughout the Host NERR Research Staff and the and the academic year or may be student’s faculty advisor, in (7) two letters of recommendations concentrated during a specific season. consultation with ERD. The amount of (from other than the applicant’s Students are encouraged, but not the award is $15,000/annum plus 10% graduate advisor) sent directly from required, to incorporate these training overhead for a total of $16,500/annum. their source. activities into their own research Requested Federal funds must be Note: Electronically transmitted letters of programs. matched by at least 30 percent of the support are not acceptable. award total (ie. $7,072 match for Scientific Areas of Support One original and two (2) copies of the $16,500 in Federal funds for a total information requested above, excluding The NERRS program has identified project cost of $23,572). the following as areas of nationally Applicants who are selected for letters of reference and transcripts, must significant research interest. Proposed funding will be required to: (1) Work be submitted to the ERD Program research projects submitted in response with the Research Coordinator or Specialist at the address in the to this announcement must address one Reserve Manager to develop an Addresses section, postmarked no later of the following topics (see #1 above): ecological training program for up to 15 than November 1, 1999. Applications • The effects of non-point source hours per week; (2) submit semi-annual postmarked November 2, 1999 or later, pollution on estuarine ecosystems; technical reports to ERD and the host will be returned without review. Receipt • Evaluative criteria and/or methods Reserve before the end of each funding of all applications will be acknowledged for estuarine ecosystem restoration; cycle on the research accomplishments and a copy sent to the appropriate • The importance of biodiversity and to date; and (3) acknowledge NERRS Reserve staff. effects of invasive species on estuarine support in all relevant scientific B. Proposal Content ecosystems; presentations and publications. In The research proposal should contain • Mechanisms for sustaining addition, fellows are strongly the sections described below. resources within estuarine ecosystems; encouraged to publish their results in or peer-reviewed literature and make 1. Title Page • Socioeconomic research applicable presentations at scientific meetings. to estuarine ecosystem management. A title page must be provided which Each NERR has local issues of A. Applications lists: • concern that fall within one of the Students admitted to or enrolled in a student name, address, telephone topics above. Applicants are responsible full-time Master’s or Doctoral program number, fax number & email address for contacting the NERR site of interest • project title; at U.S. accredited universities are • to determine if their proposed projects amount of funding requested; eligible to apply. Students should have • would be relevant to the Reserve’s site- name of graduate institution; completed a majority of their course • specific research needs. work at the beginning of their name of institution providing fellowship and have an approved thesis matching funds and amount of Note: It is strongly suggested that matching funds; applicants contact the host Reserve (see research program. • Appendix I) for general information about the Applicants are required to submit: name, address, telephone number, fax Reserve and its research needs and priorities (1) An academic resume or a number & email address of faculty and ecological training opportunities as they curriculum vitae that includes all advisor; • relate to this announcement. graduate and undergraduate institutions NERR site where research is to be (department or area of study, degree, conducted; and V. Guidelines for Application • number of years of requested support. Preparation, Review, and Reporting and year of graduation), all publications If it is a multi-site project, the title page Requirements (including undergraduate and graduate theses), awards or fellowships, and must indicate which Reserve will be the Applicants for ERD research work/research experience; primary contact (‘‘host Reserve’’) for the fellowships must follow the guidelines (2) a cover letter from the applicant training program. presented in this announcement. indicating current academic status, 2. Abstract Applications not adhering to these research interests, career goals, and how guidelines may be returned to the the proposed research fits into their The abstract should state the research applicant without further review. degree program, and the results of any objectives, scientific methods to be Applications for graduate fellowships discussion with host NERR staff used, and the significance of the project in the NERRS are solicited annually for regarding the ecological monitoring to a particular Reserve and the NERRS award the following fiscal year. training program; program. The abstract must be limited to Minority students are encouraged to (3) a titled research proposal (double- one page. apply. Application due dates and other spaced in a font no smaller than 12- 3. Project Description pertinent information are contained in point courier) that includes an Abstract, this announcement of research Introduction, Methods and Materials, The project description must be opportunities. Applicants must submit Project Significance, and Bibliography; limited to 6 double-spaced pages an original and two (2) copies of each (4) a proposed budget (see Section B, excluding figures. The main body of the application and all supporting Proposal Content, below for specific proposal should be a detailed statement documents (curricula vitae, literature guidelines); of the work to be undertaken, and referenced, unofficial transcripts, etc.), (5) an unofficial copy of all include the following components: excluding letters of reference which undergraduate and graduate transcripts; (a) Introduction. This section should must come directly from their source. (6) a signed letter of support from the introduce the research setting and Applicants may request funding for applicant’s graduate advisor indicating environment. It should include a brief up to three years; funding for years two the advisor’s contribution (financial and review of pertinent literature and

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.097 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48381 describe the research problem in Applicability of research findings to —Salary. The rate of pay (hourly, relation to relevant coastal management other NERRS and coastal areas should monthly, or annually) should be issues and the research priorities. This also be mentioned. In addition, if the indicated. Salaries requested must be section should also present the primary proposed research is part of a larger consistent with the institution’s hypothesis upon which the project is research project, the relationship regular practices. The submitting focused, as well as any additional or between the two should be described. organization may request that salary component hypotheses which will be data remain confidential information. 4. Milestone Schedule addressed by the research project. —Fringe Benefits. Fringe benefits (i.e., (b) Methods. This section should state A milestone schedule is required. social security, insurance, retirement) the method(s) to be used to accomplish This schedule should show, in table may be treated as direct costs as long the specific research objectives, form, anticipated dates for completing as this is consistent with the including a systematic discussion of field work and data collection, data institution’s regular practices. what, when, where, and how the data analysis, progress reports, the final —Equipment. While not their primary are to be collected, analyzed, and technical report and other related purpose, fellowship funds may be reported. Field and laboratory methods activities. Use ‘‘Month 1, Month 2,’’ approved for the purchase of should be scientifically valid and rather than June, July, etc., in preparing equipment only if the following reliable and accompanied by a these charts. conditions are met: (a) A lease versus statistically sound sampling scheme. 5. Personnel and Project Management purchase analysis has been conducted Methods chosen should be justified and by the applicant or the applicant’s The proposal must include a compared with other methods employed institution for equipment that costs description of how the project will be for similar work. greater than $5000 and the findings managed, including the name and Techniques should allow the testing determine that purchase is the most of the hypotheses, but also provide expertise of faculty advisors and other economical method of procurement; baseline data related to ecological and team members. Evidence of ability to and (b) the equipment does not exist management questions concerning the successfully complete the proposed at the recipient’s institution or the Reserve environment. Methods should research should be supported by Reserve site and is essential for the be described concisely and techniques reference to similar efforts performed. successful completion of the project. should be reliable enough to allow comparison with those made at different 6. Literature Cited The justification must discuss each of sites and times by different This section should provide complete these points along with the purpose of investigators. The methods must have references for current literature, the equipment and a justification for its proven their utility and sensitivity as research, and other appropriate use, and include a list of equipment to indicators for natural or human-induced published and unpublished documents be purchased, leased, or rented by change. cited in the text of the proposal. model number and manufacturer, where Analytical methods and statistical known. At the termination of the 7. Budget tests applied to the data should be fellowship, disposition of equipment documented, thus providing a rationale The amount of Federal funds will be determined by the NOAA for choosing one set of methods over requested must be matched by the Property Administrator. alternatives. Quality control measures applicant by at least 30% of the total —Travel. The type, extent, and also should be documented (e.g., project cost (i.e., $7,072 match for estimated cost (broken down by statistical confidence levels, standards $16,500 in Federal funds for a total transportation, lodging and per diem) of reference, performance requirements, project cost of $23,572). Cash or the of travel should be explained and internal evaluation criteria). The value of goods and services (except justified in relation to the proposed proposal should indicate by way of land) directly benefitting the research research; the justification should also discussion how data are to be project may be used to satisfy the identify the person traveling. Travel synthesized, interpreted and integrated matching requirements. Overhead costs expenses are limited to round trip into final work products. for these awards are limited to $1,500 of travel to field research locations and A map clearly showing the study the Federal share (i.e., $15,000 for professional meetings to present the location and any other features of project and $1,500 for overhead) and research results and should not interest must be included; a U.S. waived overhead costs may also be used exceed 40 percent of total award Geological Survey topographic map, or as match. Funds from other Federal costs. an equivalent, is suggested for this agencies and NERRS staff salaries —Other Direct Costs. Other anticipated purpose. Consultation with Reserve supported by Federal funds may not be costs should be itemized under the personnel to identify existing maps is used as match. Requirements for the following categories: strongly recommended. non-Federal share are contained in OMB • (c) Project Significance. This section Circular A–110. ERD strongly suggests Materials and Supplies. The budget should provide a clear discussion of that the applicant work with their should indicate in general terms the how the proposed research addresses institution’s research office to develop types of expendable materials and state and national estuarine and coastal their budget (see section D, below). supplies required and their estimated resource management issues and how The applicant may request funds costs; the proposed research effort will under any of the categories listed below • Research Vessel or Aircraft Rental. enhance or contribute to improving the as long as the costs are reasonable and Include purpose, unit cost, duration of state of knowledge of the estuary; i.e., necessary to perform research. The use, user, and justification; why is the proposed research important budget should contain itemized costs • Laboratory Space Rental. Funds and how will the results contribute to with appropriate narratives justifying may be requested for use of laboratory coastal resource management? This proposed expenditures. Budget space at research establishments away section must also discuss the relation of categories are to be broken down as from the student’s institution while the proposed research to the research follows, clearly showing both Federal conducting studies specifically related priorities stated in Section IV. and non-Federal shares side by side: to the proposed effort;

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• Telecommunication Services and announcement (20%); and (3) academic funds and grounds for possible Reproduction Costs. Include expenses excellence based on the applicant’s punishment by a fine or imprisonment associated with telephone calls, transcripts and two letters of reference as provided in 18 U.S.C. 1001. facsimile, copying, reprint charges, film (10%). No more than two Fellowships If an application is selected for duplication, etc.; will be awarded at any one time for any funding, the Department of Commerce • Computer Services. The cost of one Reserve. Final selection will be has no obligation to provide any unusual or costly computer services made by the Chief of the Estuarine additional future funding in connection may be requested and must be justified. Reserves Division, based upon scientific with that award. Renewal of an award —Indirect Costs. Requested overhead review and the research’s applicability to increase funding or extend the period costs under NERRS fellowship awards to NERRS research and resource of performance is at the total discretion are limited to $1,500 of the Federal management goals. of the DOC. However, funding priority amount. will be given to the additional years of D. Fellowship Awards multi-year proposals upon satisfactory 8. Requests for Reserve Support Services Awards are normally made to the completion of the current year of On-site Reserve personnel sometimes fellow’s graduate institution through the research. can provide limited logistical support use of a cooperative agreement. Applications under this program are for research projects in the form of Applicants whose projects are subject to Executive Order 12372, manpower, equipment, supplies, etc. recommended for funding will be ‘‘Intergovernmental Review of Federal Any request for Reserve support required to complete all necessary Programs.’’ services, including any services Federal financial assistance forms (SF– All primary applicants must submit a provided as match, should be approved 424, SF–424A, SF–424B, CD–511, and completed Form CD–511, by the Reserve Manager or Research SF–LLL), which will be provided by ‘‘Certifications Regarding Debarment, Coordinator prior to application ERD with the letter of fellowship Suspension and Other Responsibility submission and be included as part of notification. ERD recommends that all Matter; Drug-Free Workplace the application package in the form of applicants work with their graduate Requirements and Lobbying,’’ and the written correspondence. Reserve institution during the development of following explanations are hereby resources which are supported by their budget to ensure concurrence on provided: Federal funds are not eligible to be used budgetary issues (e.g. the use of salary 1. Nonprocurement Debarment and as match. and fringe benefits as match). Suspension. Prospective participants (as defined at 15 CFR part 26, Section 105) 9. Coordination With Other Research in VI. Other Requirements are subject to 15 CFR part 26, Progress or Proposed Recipients and sub-recipients are ‘‘Nonprocurement Debarment and ERD encourages collaboration and subject to all Federal laws and Federal Suspension,’’ and the related section of cost-sharing with other investigators to and DOC policies, regulations, and the certification form prescribed above enhance scientific capabilities and procedures applicable to Federal applies; avoid unnecessary duplication of effort. financial assistance awards. 2. Drug-Free Workplace. Grantees (as Applications should include a All non-profit and for-profit defined at 15 CFR part 26, Section 605) description of how the research will be applicants are subject to a name-check are subject to 15 CFR part 26, Subpart coordinated with other research projects review process. Name checks are F, ‘‘Government-wide Requirements for that are in progress or proposed, if intended to reveal if any key individuals Drug-Free Workplace (Grants)’’ and the applicable. associated with the applicant have been related section of the certification form convicted of or are presently facing prescribed above applies; 10. Permits criminal charges such as fraud, theft, 3. Anti-Lobbying. Persons (as defined The applicant must apply for any perjury, or other matters which at 15 CFR part 28, Section 105) are applicable local, state or Federal significantly reflect on the applicant’s subject to the lobbying provisions of 31 permits. A copy of the permit management honesty or financial U.S.C. 1352, ‘‘Limitation on the use of application and supporting integrity. appropriated funds to influence certain documentation should be attached to No award of Federal funds shall be Federal contracting and financial the application as an appendix. ERD made to an applicant who has an transactions,’’ and the lobbying section must receive notification of the approval outstanding delinquent Federal debt of the certification form which applies of the permit application before funding until either: (1) The delinquent account to applications/bids for grants, can be approved. is paid in full; (2) A negotiated cooperative agreements, and contracts repayment schedule is established and for more than $100,000, and loans and C. Application Review and Evaluation at least one payment is received; or (3) loan guarantees for more than $150,000, All applications will be evaluated for Other arrangements satisfactory to the or the single family maximum mortgage scientific merit by ERD staff, the host Department of Commerce (DOC) are limit for affected programs, whichever is Reserve scientific panel of no less than made. greater; and three reviewers from the scientific Unsatisfactory performance under 4. Anti-Lobbying Disclosures. Any community, and the appropriate prior Federal awards may result in an applicant that has paid or will pay for Research Coordinator and/or Reserve application not being considered for lobbying using any funds must submit Manager. Criteria for evaluation include: funding. In addition, any recipients who an SF–LLL, ‘‘Disclosure of Lobbying (1) The quality of proposed research and are past due for submitting acceptable Activities,’’ as required under 15 CFR its applicability to the NERRS Scientific final reports under any previous ERD- part 28, Appendix B. Areas of Support listed earlier in this funded research will be ineligible to be 5. Lower Tier Certifications. announcement (70%); (2) the research’s considered for new awards until final Recipients shall require applicants/ applicability to specific Reserve reports are received, reviewed and bidders for sub-grants, contracts, research and resource management deemed acceptable by ERD. subcontracts, or other lower tier covered goals as they relate to the Scientific A false statement on an application is transactions at any tier under the award Areas of Support listed in this grounds for denial or termination of to submit, if applicable, a completed

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CD–512, ‘‘Certifications Regarding Dated: August 30, 1999. 34113–8059, (941) 417–6310, Debarment, Suspension, Ineligibility Captain Ted I. Lillestolen, [email protected] and Voluntary Exclusion—Lower Tier Georgia Deputy Assistant Administrator, National Mr. Buddy Sullivan, Manager; Mr. Dorset Covered Transactions and Lobbying,’’ Ocean Service. Hurley, Research Coordinator, Sapelo and disclosure form SF–LLL, Appendix I. NERRS On-Site Staff Island National Estuarine Research ‘‘Disclosure of Lobbying Activities.’’ Reserve, Department of Natural The original form CD–512 is intended Alabama Resources, P.O. Box 15, Sapelo Island, for the use of recipients. SF–LLL Mr. L.G. Adams, Manager; Mr. Bob GA 31327, (912) 485–2251, submitted by any tier recipient or sub- McCormack, Interpretive Coordinator, [email protected] recipient should be submitted to DOC in Weeks Bay National Estuarine Research Maine Mr. Kent Kirpatrick, Manager; Dr. Michele accordance with the instructions Reserve, 11300 U.S. Highway 98, Fairhope, AL 36532, (334) 928–9792, Dionne, Research Coordinator, Wells contained in the award document. National Estuarine Research Reserve, RR [email protected], Buy American-Made Equipment or #2, Box 806, Wells, ME 04090, (207) [email protected] Products: Applicants are hereby notified 646–1555 x36, [email protected] that any equipment or products Alaska Maryland authorized to be purchased with Mr. Glenn Seaman, Manager, Kachemak Mr. Andrew Middleton, Acting Manager; Bay National Estuarine Research Mr. David Nemazie, Research funding provided under this program Coordinator, Chesapeake Bay National should be American-made to the extent Reserve, Department of Fish and Game, 333 Raspberry Road, Anchorage, AK Estuarine Research Reserve in Maryland, feasible. 99518–1599, (907) 267–2331, Dept. of Natural Resources, Tawes State Indirect Costs: The total dollar [email protected] Office Building, E–2, 580 Taylor Avenue, amount of the indirect costs proposed in California Annapolis, MD 21401, (410) 260–8740 (Middleton), (410) 228–9250 x615 an application under this program must Ms. Becky Christensen, Manager, Elkhorn not exceed the indirect cost rate (Nemazie), [email protected] Slough National Estuarine Research Massachusetts negotiated and approved by a cognizant Reserve, 1700 Elkhorn Road, Ms. Christine Gault, Manager, Waquoit Bay Federal agency prior to the proposed Watsonville, CA 95076, (408) 728–2822, National Estuarine Research Reserve, effective date of the award or $1,500, [email protected] Dept. of Environmental Management, P. whichever is less. (or) O. Box 3092, Waquoit, MA 02536, (508) Pre-award Activities: If applicants 457–0495, [email protected] Mr. Mark Silberstein, Elkhorn Slough Mississippi incur any costs prior to an award being Foundation, P.O. Box 267, Moss made, they do so solely at their own risk Mr. Peter Hoar, Grand Bay National Landing, CA 95039, (831) 728–5939, Estuarine Research Reserve, Department of not being reimbursed by the [email protected] and for further info of Marine Resources, 1141 Bayview Government. Notwithstanding any www.elkhornslough.org Avenue, Biloxi, MS 39530, (228) 374– verbal or written assurance that may Mr. Phil Jenkins, Manager; Mr. Dick 5000, [email protected] have been received, there is no Zembal, Research Coordinator, Tijuana New Hampshire obligation on the part of DOC to cover River National Estuarine Research Mr. Peter Wellenberger, Manager; Great pre-award costs. Reserve, 301 Caspian Way, Imperial Bay National Estuarine Research Beach, CA 92032, (619) 575–3615, Reserve, New Hampshire Fish and Game VII. Classification [email protected] Department, 37 Concord Road, Durham, NH 03824, (603) 868–1095, This notice has been determined to be Delaware [email protected] ‘‘not significant’’ for purposes of E.O. Ms. Betsy Archer, Manager; Dr. William New Jersey 12866. Meredith, Research Coordinator, Mr. Michael De Luca, Manager; Dr. Ken This action is categorically excluded Delaware National Estuarine Research Able, Research Coordinator, Mullica from the requirement to prepare an Reserve, Department of Natural River National Estuarine Research environmental assessment by NOAA Resources and Environmental Control, Reserve, Institute of Marine and Coastal Sciences, Rutgers University, P.O. Box Administrative Order 216–6. Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, (302) 739– 231, New Brunswick, NJ 08903, 732– This notice does not contain policies 932–9489 x512 (De Luca), 689–296–5260 with federalism implications sufficient 3451 (Archer), [email protected], (302) 739– (Able), [email protected] to warrant preparation of a federalism 3493 (Meredith), New York Ms. Elizabeth Blair, Manager; Mr. Chuck assessment under Executive Order [email protected] 12612. Nieder, Research Coordinator, Hudson Florida This notice involves a collection of River National Estuarine Research Reserve, New York State Department of information subject to the requirements Mr. Woodward Miley II, Manager; Mr. Lee Edmiston, Research Coordinator, Environmental Conservation, c/o Bard of the Paperwork Reduction Act. The Apalachicola River National Estuarine College Field Station, Annandale-on- requirements have been approved by the Research Reserve, Department of Hudson, NY 12504, (914) 758–7013 Office of Management and Budget under Environmental Protection, 350 Carroll (Nieder) [email protected], control numbers 0348–0043, 0348–0044, Street, Eastpoint, FL 32320, (850) 670– (914) 758–7011 (Blair) and (914) 758– and 0348–0046. 4783, [email protected] 7010 (general info) North Carolina Notwithstanding any other provision Mr. Ken Berk, Manager; Mr. Larry Nall, Dr. John Taggart, Manager; Dr. Steve Ross, Guana-Tolomato-Matanzas National of law, no person is required to respond Research Coordinator, North Carolina Estuarine Research Reserve, Department to, nor shall any person be subject to a National Estuarine Research Reserve, penalty for failure to comply with a of Environmental Protection, Coastal and 7205 Wrightsville Avenue, Wilmington, collection of information, subject to the Aquatic Managed Areas, 3900 NC 28403, (910) 256–3721 (Taggart), requirements of the Paperwork Commonwealth Blvd., Tallahassee, FL (910) 395–3905 (Ross), [email protected] 32399, (850) 488–3456, Ohio Reduction Act, unless that collection [email protected] displays a current valid OMB control Mr. Eugene Wright, Manager; Dr. David Mr. Gary Lytton, Manager; Dr. Todd number. Klarer, Research Coordinator, Old Hopkins, Research Coordinator, Rookery Woman Creek National Estuarine (Federal Domestic Assistance Catalog Bay National Estuarine Research Research Reserve, 2514 Cleveland Road, Number 11.420 Coastal Zone Management Reserve, Department of Environmental East, Huron, OH 44839, (419) 433–4601 Estuarine Research Reserves) Protection, 300 Tower Road, Naples, FL [email protected]

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Oregon hold a meeting of its Personnel, Joint Document, review and approve revised Mr. Michael Graybill, Manager; Dr. Steve Executive & Finance, Calico Scallop, Marine Reserves Discussion Document, Rumrill, Research Coordinator, South Snapper Grouper, Marine Reserves, discuss format of public scoping Slough National Estuarine Research Golden Crab, Mackerel, Dolphin & meetings, set locations and dates for Reserve, P. O. Box 5417, Charleston, OR public scoping meetings and receive a 97420, (541) 888–5558, Wahoo and Shrimp Committees; and a [email protected] Council Session. status report on other marine reserve Puerto Rico DATES: The meetings will be held from related activities in the southeast; Ms. Carmen Gonzalez, Manager; Dr. Pedro September 20–24, 1999. See September 22, 1999, 8:30 a.m. to Robles, Research Coodinator, Jobos Bay SUPPLEMENTARY INFORMATION for specific 10:30 a.m.—Golden Crab Committee; National Estuarine Research Reserve, dates and times. The committee will receive a report Dept. of Natural Resources, Call Box B, on the informal meeting with the golden ADDRESSES: Aguirre, PR 00704, (809) 853–4617, The meetings will be held at crab fishermen and review and approve [email protected] the Town and Country Inn, 2008 options for Golden Crab Amendment 1; (Gonzalez) [email protected] (Robles) Savannah Highway, Charleston, SC September 22, 1999, 10:30 a.m. to Rhode Island 29407; telephone: (843) 571–1000; (800) 12:00 p.m.—Mackerel Committee; Mr. Allan Beck, Manager, Narragansett Bay 334–6660. The committee will review public National Estuarine Research Reserve, Council address: South Atlantic hearing and NMFS comments as well as Dept. of Environmental Management, Fishery Management Council, One Gulf Council action on Mackerel Box 151, Prudence Island, RI 02872, Southpark Circle, Suite 306; Charleston, Amendment 12, develop (401) 683–5061, [email protected] SC 29407–4699. South Carolina recommendations for approval of Mr. Michael D. McKenzie, Manager; Dr. FOR FURTHER INFORMATION CONTACT: Mackerel Amendment 12 and discuss Elizabeth Wenner, Research Coordinator, Kerry O’Malley, telephone: (843) 571– the current framework action; Ashepoo-Combahee-Edisto (ACE) Basin, 4366; fax: (843) 769–4520; email: September 22, 1999, 1:30 p.m. to 5:00 South Carolina Wildlife and Marine [email protected] p.m.—Dolphin & Wahoo Committee; Resources Department, P.O. Box 12559, SUPPLEMENTARY INFORMATION: The committee will review Gulf and Charleston, SC 294212, (803) 762–5052 Caribbean actions, review the draft FMP (McKenzie) (803) 736–5050 (Wenner), Meeting Dates and establish preferred actions, and [email protected] September 20, 1999, 1:30 p.m. to 3:00 approve the FMP for public hearing Dr. Dennis Allen, Manager; Dr. Evan (dependent on status of the Gulf and Chipouras, Research Coordinator, North p.m.—Personnel Committee (Closed Inlet-Winyah Bay National Estuarine Session); Caribbean Councils actions); Research Reserve, Baruch Marine Field The Personnel Committee will meet to September 23, 1999, 8:30 a.m. to Laboratory, P.O. Box 1630, Georgetown, review and approve personnel sections 10:30 a.m.—Shrimp Committee; SC 29442, (803) 546–3623, in the Council’s draft Administrative The committee will review the SAFE [email protected] Handbook; report, review status of the bycatch Virginia September 20, 1999, 3:00 p.m. to 5:00 reduction device (BRD) protocol and Dr. Maurice P. Lynch, Manager; Dr. p.m.—Joint Executive and Finance provide direction to staff, discuss William Reay, Research Coordinator, Committees; bycatch monitoring, and discuss the use Chesapeake Bay National Estuarine The committees will review and of vessel monitoring systems; Research Reserve in Virginia, Virginia September 23, 1998, 10:30 a.m. to Institute of Marine Science, College of approve the Council’s draft Administrative Handbook, the proposed 5:00 p.m.—Council Session; William and Mary, P.O. Box 1347, The Council will hold elections for a 2000 Council budget and schedule of Gloucester Point, VA 23062, (804) 684– new chairman and vice chairman and 7135, [email protected] activities and discuss the status of the make presentations from 10:45 to 11:15; Washington Sargassum Fishery Management Plan Mr. Terry Stevens, Manager; Dr. Douglas Beginning at 11:15 p.m. the Council (FMP); will hear the Joint Executive & Finance Bulthuis, Research Coordinator, Padilla September 21, 1999, 8:30 a.m. to Bay National Estuarine Research Report and the Council will take public 10:00 a.m.—Calico Scallop Committee; comment on NMFS’ Notice of Reserve, 10441 Bay View-Edison Road, The committee will review the Calico Mt. Vernon, WA 98273–9668, (360) 428– Availability for the South Atlantic 1558, [email protected] Scallop Stock Assessment and Fishery Council’s Sargassum FMP; Evaluation (SAFE) Report, the status of [FR Doc. 99–22981 Filed 9–2–99; 8:45 am] The Council will also discuss their the FMP, hear a report on the status of BILLING CODE 3510±08±P position on the Sargassum FMP, the vessel monitoring systems and approve the Council’s draft handbook, discuss bycatch monitoring; approve the proposed 2000 budget and DEPARTMENT OF COMMERCE September 21, 1999, 10:00 a.m. to activities schedule and approve the 12:00 a.m.—Snapper Grouper 1999/2000 Operations Plan; National Oceanic and Atmospheric Committee; From 1:30 p.m. to 3:00 p.m. the Administration The committee will receive an update Council will resume hearing the Joint on the status of the red Porgy [I.D. 082399D] Executive & Finance Report; Emergency Rule Request, review From 3:00 p.m. to 3:15 p.m. the Snapper Grouper Amendment 12 (red South Atlantic Fishery Management Council will hear the Calico Scallop progy closure) and approve for public Council; Public Meetings Committee report. hearing, and will receive a status report From 3:15 p.m. to 3:30 p.m. the AGENCY: National Marine Fisheries on the amberjack trip limit Council will hear the Snapper Grouper Service (NMFS), National Oceanic and resubmission; committee Report and approve Snapper Atmospheric Administration (NOAA), September 21, 1999, 1:30 p.m. to 5:00 Grouper Amendment 12 for Public Commerce. p.m.—Marine Reserves Committee; Hearing; ACTION: Notice of public meetings. The Committee will review the From 3:30 p.m. to 4:00 p.m. the Marine Reserves and Habitat/Coral Council will hear the Marine Reserves SUMMARY: The South Atlantic Fishery advisory panels recommendations on Committee report and approve the Management Council (Council) will the Marine Reserves Discussion revised Marine Reserves Discussion

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Document and establish locations and Dated: August 26, 1999. Dated: August 31, 1999. dates for scoping meetings; Bruce C. Morehead, John E. Jones, Jr., From 4:00 p.m. to 4:15 p.m. the Acting Director, Office of Sustainable Deputy Assistant Administrator for Weather Council will hear the Golden Crab Fisheries, National Marine Fisheries Service. Services. Committee report. [FR Doc. 99–22955 Filed 9–2–99; 8:45 am] [FR Doc. 99–23099 Filed 9–2–99; 8:45 am] From 4:15 p.m. to 5:15 p.m. the BILLING CODE 3510±22±F BILLING CODE 3510±KE±M Council will hear the Mackerel Committee report and the Council will DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE take public comment on Mackerel Amendment 12 and approve National Oceanic and Atmospheric National Oceanic and Atmospheric Amendment 12 for secretarial review. Administration (NOAA) Administration September 24, 1999, 8:30 a.m. to [Docket No. 990817224±9224±01] [I.D. 073099C] 12:00 p.m.—Council Session; From 8:30 a.m. to 9:30 p.m. the Subject: Extension of NEXRAD Endangered Species; Permits; Council will hear the Dolphin & Wahoo Information Dissemination Service Correction (NIDS) Agreement Committee report and approve the FMP AGENCY: National Marine Fisheries for public hearing; AGENCY: National Weather Service Service (NMFS), National Oceanic and From 9:00 a.m. to 9:30 a.m. the (NWS), NOAA, Commerce. Atmospheric Administration (NOAA), Council will hear the Shrimp ACTION: Notice. Commerce. Committee report and review the status ACTION: Issuance of permit 1168 and of the BRD protocol and take action if SUMMARY: The NWS is in the process of correction. necessary; replacing the NIDS with a Government operated radar product central SUMMARY: Notice is hereby given that From 9:30 a.m. to 10:30 a.m. the Coast collection and distribution system. This NMFS has issued a permit to the Guard will the give the Council a report system, once implemented, will be Washington Department of Natural on vessel safety; accessible by all users. To allow for a Resources at Olympia, WA (WDNR) that From 10:30 a.m. to 11:00 a.m. the successful transition to this system, the authorizes annual incidental takes of Council will receive a status report on current NIDS Agreement with three Endangered Species Act-listed marine mammal activities; private vendors for the distribution of anadromous fish, subject to certain From 11:00 a.m. to 11:30 a.m. the WSR–88D products from NWS radars to conditions set forth therein. council will receive status report from external users will be extended through ADDRESSES: The application and related NMFS on last years Mackerel September 30, 2000. documents are available for review in Framework Action, the current EFFECTIVE DATE: September 3, 1999. the following office, by appointment: Mackerel Framework Action, Mackerel FOR FURTHER INFORMATION CONTACT: Washington State Habitat Branch, 510 Amendment 9, Red Porgy Emergency Michael Carelli, NWS NIDS Desmond Drive SE, Suite 103, Lacey, Rule, Greater Amberjack trip limit Administrator, at 301–713–1724 ext. WA 98503. resubmittal, the Calico Scallop FMP, 184, or e-mail: FOR FURTHER INFORMATION CONTACT: and on landings for: Atlantic king [email protected]. Steve Landino (360–753–9530). mackerel, Gulf king mackerel (eastern SUPPLEMENTARY INFORMATION: The NWS SUPPLEMENTARY INFORMATION: The zone), Atlantic Spanish Mackerel, is in the process of replacing the NIDS permit was issued under the authority snowy grouper, golden tilefish, with a Government-operated radar of section 10(a)(1)(B) of the Endangered wreckfish, greater amberjack and South product central collection and Species Act of 1973 (ESA) (16 U.S.C. Atlantic octocorals. distribution system. This system, once 1531-1543) and the NMFS regulations From 11:30 a.m. to 12:00 noon the implemented, will be accessible by all governing ESA-listed fish and wildlife Council will hear agency and liaison users. To allow for a successful permits (50 CFR parts 222-227). Notice was published on August 10, reports and a report on Atlantic Coast transition to this system, the current 1998 (63 FR 42615), that an application Cooperative Statistical Program, and any NIDS Agreement with three private had been filed by WDNR for an other business will be discussed at vendors for the distribution of WSR– incidental take permit. Permit 1168 was 12:00 noon. 88D products from NWS radars to external users will be extended through issued to WDNR on June 14, 1999. Although other issues not contained September 30, 2000. The amended NIDS Permit 1168 authorizes WDNR annual in this agenda may come before this Agreement provides for additional incidental takes of threatened Lower Council for discussion, in accordance extensions, beyond September 30, 2000, Columbia River (LCR) steelhead with the Magnuson-Stevens Fishery in 90-day increments, only if necessary, (Oncorhynchus mykiss); LCR chinook Conservation and Management Act, until the NWS has successfully and Puget Sound chinook (O. those issues may not be the subject of completed the transition to the tshawytscha); Hood Canal summer-run formal action during these meetings. replacement radar product central chum and Columbia River chum (O. Action will be restricted to those issues collection and distribution system. Once keta); and Ozette Lake sockeye (O. specifically listed in this notice. the NWS central collection and nerka). WDNR’s covered activities Special Accommodations distribution system is operational, the include timber and non-timber NIDS Agreement will be terminated, but management and related operations as These meetings are physically no sooner than October 1, 2000. Once described in the Habitat Conservation accessible to people with disabilities. implemented, the Government-operated Plan (HCP) and associated Draft (DEIS) Requests for sign language system will provide for an open and Final Environmental Impact interpretation or other auxiliary aids distribution of radar products to all Statements (FEIS). The 30-day waiting should be directed to the Council office users without data redistribution period for the FEIS ended on December (see ADDRESSES) by September 14, 1998. restrictions. 2, 1996.

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Corrections DEPARTMENT OF DEFENSE prior to preparing the EIS. The first step will be to determine the appropriate Errors that were discovered in the Department of the Army scope of issues, activities, and August 10, 1998, notice are corrected in alternatives to be addressed. Among the this notice. Notice of Intent To Prepare an anticipated areas to be evaluated are Environmental Impact Statement (EIS) In the Federal Register of August 10, public health risks and public safety, for Test Range Management Practices water quality, air quality, hazardous 1998, in FR Doc. 98–21254, on page at the U.S. Army Aberdeen Proving 42615, in the third column, in the third materials, biological resources including Ground's (APG) Aberdeen Test Center threatened and endangered species, paragraph under the ‘‘Background’’ (ATC), MD heading, in the fourth line, the phrase socioeconomic effects, and historic and ‘‘50-year permit’’ is corrected to read AGENCY: Department of the Army, DoD. archaeological resources. During the ‘‘70 to 100-year permit.’’ ACTION: Notice of Intent. scoping process, the Army will ask the public and agencies that have regulatory In the Federal Register of August 10, SUMMARY: In accordance with Public interest in Aberdeen Proving Ground to 1998, in FR Doc. 98–21254, on page Law 91–190, the National Policy Act of participate in scoping. Comments 42615, in the second column, in the first 1969, an Environmental Impact received as a result of this notice will be paragraph under the ‘‘Summary’’ Statement (EIS) is to be prepared to used to assist the Army in identifying heading, in the eighth line, the phrase assess the environmental impacts potential impacts to the quality of the ‘‘associated with timber management associated with the adoption of test natural and human environment. The activities in western Washington state’’ range management practices at APG’s public scoping meetings will be held is corrected to read ‘‘in western ATC. The ranges at both the Aberdeen prior to preparing the draft EIS. The Washington state associated with timber Area and Edgewood Area of APG are exact date, time and location of the management activities and specific non- used to conduct research, development, scoping meetings will be advertised in timber management activities described testing, and evaluation of military the local news media, at least 15 days in the WDNR Habitat Conservation ordnance. The ranges are forested and prior to the meeting. Plan.’’ contain grassland and heavily vegetated areas. The new range management Dated: August 31, 1999. In the Federal Register of August 10, practices being proposed for adoption Richard E. Newsome, 1998, in FR Doc. 98–21254, on page consist of the following techniques: (1) Acting Deputy Assistant Secretary of the 42616, in the first column, in the second Controlled burns; (2) use of herbicides; Army (Environment, Safety and Occupational paragraph under the ‘‘Implementation (3) disking; (4) firebreaks; and (5) a Health), OASA (I&E). Agreement Provisions’’ heading, in the combination of techniques. A no action [FR Doc. 99–23062 Filed 9–2–99; 8:45 am] third line, the phrase ‘‘timber alternative (status quo) of maintaining BILLING CODE 3710±08±M management activities’’ is corrected to current range management practices read ‘‘timber management activities and will also be considered. The new range DEPARTMENT OF DEFENSE specific non-timber management management practices are being activities.’’ proposed since there are no current on- Department of the Army, Corps of Further, the recent listing for ESA going management practices that Engineers sufficiently address techniques to protection of other species of minimize range fires, the domination of anadromous fish means that those Proposal To Issue and Modify native plant species by non-native plant Nationwide Permits species are listed on the permit in species, and impediments to recovery of addition to the one species (i.e., LCR unexploded ordnance (UXO). The new AGENCY: Army Corps of Engineers, DoD. steelhead) that was mentioned in the range management practice techniques ACTION: Notice of time extension for August 10, 1998 notice. The HCP was being proposed will help minimize the receipt of comments. specifically developed to address all accumulation of fallen vegetative debris species of anadromous fish and any that fuel wildfires, regenerate native SUMMARY: In Part III of the July 21, 1999, species that becomes listed in the future forests and plant species, improve the issue of the Federal Register (64 FR will be reviewed at the time of listing to ability of APG personnel to recovery 39252), the Corps of Engineers determine whether it can be added to UXO, and better manage range assets published its proposal to issue 5 new the permit. In this case, that review was and facilities. The agency invites Nationwide Permits (NWPs) and modify documented in an ESA section 7 written comments and suggestions on 6 existing NWPs to replace NWP 26 Biological Opinion approved June 14, issues and management opportunities when it expires. The Corps is also for the area being analyzed. 1999. proposing to modify 9 NWP general Permit 1168 expires on January 30, DATES: Written public comments and conditions and add three new general 2067. suggestions should be submitted by conditions. A key element of the Corps October 18, 1999, to the address shown Issuance of the permit was based on process for developing NWPs that below. Comments received after this authorize activities with minimal a finding that WDNR had met the permit date will be considered to the extent issuance criteria of 50 CFR 222.22(c). adverse effects on the aquatic practicable. environment is regional conditioning Dated: August 28, 1999. ADDRESSES: Commander, U.S. Army developed by district and division Wanda L. Cain, Aberdeen Test Center, ATTN: STEAC– engineers. Corps districts have Chief, Endangered Species Division, Office EV (Mr. Joseph P. Ondek), Aberdeen published public notices to solicit of Protected Resources, National Marine Proving Ground, Maryland 21005–5001. comments on proposed regional Fisheries Service. FOR FURTHER INFORMATION CONTACT: Mr. conditions for the draft NWPs published [FR Doc. 99–22953 Filed 9–2–99; 8:45 am] Joseph P. Ondek at (410) 278–5294. in the July 21, 1999, Federal Register. BILLING CODE 3510±22±F SUPPLEMENTARY INFORMATION: The Army The public is invited to provide will conduct several scoping workshops comments on these proposals.

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DATES: The closing date for receipt of SUPPLEMENTARY INFORMATION: The Corps option to extend their comment periods comments concerning the draft NWPs is has determined that a 30-day extension for their regional conditions and will hereby extended from September 7, to the comment period would be decide if such an extension is necessary. 1999, to October 7, 1999. appropriate to allow both the To ensure that there is an NWP development and environmental available to authorize activities in ADDRESSES: HQUSACE, ATTN: CECW– communities additional time to review headwaters and isolated waters that OR, 20 Massachusetts Avenue, NW, the proposed draft NWPs, including have minimal adverse effects on the Washington, DC 20314–1000. proposed general conditions and aquatic environment, the Corps has FOR FURTHER INFORMATION CONTACT: Mr. regional conditions. This time extension modified the expiration date for NWP David Olson or Mr. Sam Collinson at will affect the effective date for the new 26 to January 5, 2000, or the effective (202) 761–0199 or access the Corps of and modified NWPs by no more than 15 date of the replacement NWPs, Engineers Regulatory Home Page at: days. The new and modified NWPs will whichever comes first. The revised http://www.usace.army.mil/inet/ become effective no later than January 5, schedule is illustrated in Figure 1. functions/cw/cecwo/reg/. 2000. Corps districts will have the BILLING CODE 3710±92±P

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BILLING CODE 3710±92±C

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The implementation of the new NWPs segregated from other topics, which information collection, grouped by is a high priority for the Administration, precludes opening the executive session office, contains the following: (1) Type including the Army. We believe that the of this meeting to the public. In of review requested, e.g. new, revision, current proposal reflects the changes accordance with 5 U.S.C. App. 2, extension, existing or reinstatement; (2) that are necessary to ensure that the section 10(d), the Secretary of the Navy Title; (3) Summary of the collection; (4) Nation’s aquatic resources are properly has determined in writing that the Description of the need for, and protected in accordance with the goals special committee meeting shall be proposed use of, the information; (5) of the Clean Water Act. partially closed to the public because Respondents and frequency of Dated: August 31, 1999. they will be concerned with matters as collection; and (6) Reporting and/or outlined in section 552(b)(2), (5), (6), Charles M. Hess, Recordkeeping burden. OMB invites and (7) of title 5, U.S.C. Chief, Operations Division, Directorate of public comment. Dated: August 26, 1999. Civil Works. Dated: August 30, 1999. [FR Doc. 99–23081 Filed 9–1–99; 9:42 am] J.L. Roth, William E. Burrow, BILLING CODE 3710±92±P Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Leader, Information Management Group, Liaison Officer. Office of the Chief Information Officer. DEPARTMENT OF DEFENSE [FR Doc. 99–22978 Filed 9–2–99; 8:45 am] Office of Special Education and BILLING CODE 3810±FF±P Rehabilitative Services Department of the Navy Type of Review: Reinstatement. Meeting of the Board of Visitors to the DEPARTMENT OF EDUCATION U.S. Naval Academy Title: Annual Supported Employment Submission for OMB Review; Caseload Report. AGENCY: Department of the Navy, DOD. Comment Request Frequency: Annually. ACTION: Notice. AGENCY: Department of Education. Affected Public: State, local or Tribal SUMMARY: The U.S. Naval Academy SUMMARY: The Leader, Information Gov’t, SEAs or LEAs. Board of Visitors will meet to make such Management Group, Office of the Chief Reporting and Recordkeeping Hour inquiry as the Board shall deem Information Officer invites comments Burden: necessary into the state of morale and on the submission for OMB review as Responses: 81 discipline, the curriculum, instruction, required by the Paperwork Reduction physical equipment, fiscal affairs, and Act of 1995. Burden Hours: 162 academic methods of the Naval DATES: Interested persons are invited to Abstract: This form collects data Academy. During this meeting inquiries submit comments on or before October required by Sections 626 and 101(a) (10) will relate to the internal personnel 4, 1999. of the Rehabilitation Act, as amended. rules and practices of the Academy, may The Rehabilitation Services involve on-going criminal ADDRESSES: Written comments should Administration (RSA) Commissioner investigations, and include discussions be addressed to the Office of must collect data separately on persons of personal information the disclosure Information and Regulatory Affairs, who receive supported employment of which would constitute a clearly Attention: Danny Werfel, Desk Officer, unwarranted invasion of personal Department of Education, Office of services under Title I and Title VI, Part privacy. The executive session of this Management and Budget, 725 17th B, of the Act and submit an annual meeting will be closed to the public. Street, N.W., Room 10235, New report to the President and Congress as Executive Office Building, Washington, required by Section 13. DATES: The meeting will be held on D.C. 20503 or should be electronically Written comments and requests for Monday, September 13, 1999 from 8:30 mailed to the internet address copies of the proposed information a.m. to 11:45 p.m. The closed Executive [email protected]. Session will be from 10:50 a.m. to 11:45 collection request should be addressed SUPPLEMENTARY INFORMATION: Section a.m. to Vivian Reese, Department of 3506 of the Paperwork Reduction Act of Education, 400 Maryland Avenue, SW, ADDRESSES: The meeting will be held in 1995 (44 U.S.C. Chapter 35) requires Room 5624, Regional Office Building 3, the Bo Coppedge Room of Alumni Hall that the Office of Management and Washington, D.C. 20202–4651, or at the U.S. Naval Academy, Annapolis, Budget (OMB) provide interested MD. Federal agencies and the public an early should be electronically mailed to the FOR FURTHER INFORMATION CONTACT: opportunity to comment on information internet address OCIO—IMG— Commander Gerral K. David, Executive collection requests. OMB may amend or [email protected], or should be faxed to Secretary to the Board of Visitors, Office waive the requirement for public 202–708–9346. of the Superintendent, U.S. Naval consultation to the extent that public For questions regarding burden and/ Academy, Annapolis, MD 21402–5000, participation in the approval process or the collection activity requirements, (410) 293–1503. would defeat the purpose of the contact Sheila Carey at 202–708–6287 or SUPPLEMENTARY INFORMATION: This information collection, violate State or electronically mail her at internet notice of meeting is provided per the Federal law, or substantially interfere address [email protected]. Federal Advisory Committee Act (5 with any agency’s ability to perform its Individuals who use a U.S.C. App. 2). The executive session of statutory obligations. The Leader, telecommunications device for the deaf the meeting will consist of discussions Information Management Group, Office (TDD) may call the Federal Information of information which pertain to the of the Chief Information Officer, Relay Service (FIRS) at 1–800–877– conduct of various midshipmen at the publishes that notice containing 8339. Naval Academy and internal Board of proposed information collection Visitors matters. Discussion of such requests prior to submission of these [FR Doc. 99–22974 Filed 9–2–99; 8:45 am] information cannot be adequately requests to OMB. Each proposed BILLING CODE 4000±01±U

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DEPARTMENT OF EDUCATION Annual Performance Report. The Loop Line (NSLL) and the Ellisburg to Steering Committee of the Leidy Pipeline (ELL), which acquisition President's Advisory Commission on Massachusetts Education Initiative for is pending Commission approval in Educational Excellence for Hispanic Latino students will present an Docket No. CP99–569–000. National Americans; Meeting overview of the plans for the October 2, Fuel states that, in order to replicate 1999, summit. Massachusetts is the first Texas Eastern’s existing service for AGENCY: President’s Advisory state in the country to implement Commission on Educational Excellence ProGas through the NSLL and the ELL, Executive Order 12900 at the State level. for Hispanic Americans, Department of and to reflect certain contingencies Congressman Ruben Hinojosa, Chair of Education. unique to this transaction, its agreement the Education Taskforce of the with ProGas departs from its form of ACTION: Notice of meeting. Congressional Hispanic Caucus will also service agreement in certain respects, SUMMARY: This notice sets forth the address the commission. and is filed pursuant to Section On Wednesday, September 15, 1999, schedule and proposed agenda of a 154.112(b) of the Commission’s Commission members will release a forthcoming meeting of the President’s regulations, together with a tariff report on the issue of Assessment Advisory Commission on Educational reference to the agreement. during a Press Conference at the Excellence for Hispanic Americans National Fuel also states it proposes National Press Club, 529 14th Street, (Commission). Notice of this meeting is NW, at 10:00 a.m. and directly following to revise Section 17 of its General Terms required under Section 10(a)(2) of the will meet from 11:00 a.m.–12:00 noon to and Conditions to provide that National Federal Advisory Committee Act in discuss plans for a National meeting on Fuel may seek a discount adjustment in order to notify the public of their Latino Educational Excellence. future rate cases relating to services that opportunity to attend. Records of all Commission are converted from discount services to DATES AND TIMES: Tuesday, September proceedings are available for public negotiated rate services, and to revise 14, 1999, 1:00 p.m.–5:00 p.m. (est). inspection at the White House Initiative, Section 3.5 of its FT and FT–S Rate Wednesday, September 15, 1999, 10:00 U.S. Department of Education, 400 Schedules to clarify that the maximum a.m.–12:00 noon (est). Maryland Ave., SW, Room 5E110, rates applicable to a shipper utilizing ADDRESSES: Overseas Private Investment Washington, DC 20202 from 9:00 a.m. to Zones 1 and 3 of its Niagara import Corporation (OPIC) Building, 1100 New 5:00 p.m. (est). point project capacity is the sum of the York Avenue, NW, Washington, DC. maximum rates applicable to Zones 1 Dated: September 1, 1999. and 3. FOR FURTHER INFORMATION CONTACT: Leo Coco, Luis Rosero, Special Assistant for Acting Assistant Secretary, Office of National Fuel states that its filing also Communication, at 202–401–8459 Intergovernmental and Interagency Affairs. is made to implement an amendment to (telephone), 202–401–8377 (FAX), [FR Doc. 99–23169 Filed 9–2–99; 8:45 am] its agreement with ProGas, which l provides for a negotiated rate pursuant luis [email protected] (e-mail) or mail: BILLING CODE 4000±01±M U.S. Department of Education, 400 to Section 17.2 of the General Terms Maryland Avenue SW, Room 5E110; and Conditions of National Fuel’s tariff. Washington, DC 20202–3601. DEPARTMENT OF ENERGY National Fuel states that copies of this SUPPLEMENTARY INFORMATION: The filing were served upon its customers Commission was established under Federal Energy Regulatory and interested state commissions. Executive Order 12900 (February 22, Commission Any person desiring to be heard or to 1994) to provide the President and the [Docket No. RP99±484±000] protest said filing should file a motion Secretary of Education with advice on to intervene or a protest with the (1) the progress of Hispanic Americans National Fuel Gas Supply Corporation; Federal Energy Regulatory Commission, toward achievement of the National Notice of Proposed Changes in FERC 888 First Street, NE, Washington, DC Goals and other standards of Gas Tariff 20426, in accordance with Sections educational accomplishment; (2) the 385.214 or 385.211 of the Commission’s development, monitoring, and August 30, 1999. Rules and Regulations. All such motions coordination of Federal efforts to Take notice that on August 26, 1999, or protests must be filed in accordance promote high-quality education for National Fuel Gas Supply Corporation with Section 154.210 of the Hispanic Americans; (3) ways to (National Fuel) tendered for filing as Commission’s Regulations. Protests will increase, State, county, private sector part of its FERC Gas Tariff, Fourth be considered by the Commission in and community involvement in Revised Volume No. 1, the following determining the appropriate action to be improving education; and (4) ways to tariff sheets, with a proposed effective taken, but will not serve to make expand and complement Federal date of November 1, 1999. protestants parties to the proceedings. education initiatives. Second Revised Sheet No. 12 Any person wishing to become a party At the September 14th meeting, Sheet Nos. 13 through 22 must file a motion to intervene. Copies Commissioners will report on activity First Revised Sheet No. 30 of this filing are on file with the First Revised Sheet No. 36C within the following Committees: Commission and are available for public Children, Families and Communities, First Revised Sheet No. 407 First Revised Sheet No. 478 inspection in the Public Reference Higher Education and Assessment. The Room. This filing may be viewed on the Departments of Education and Health National Fuel states that its filing is web at http://www.ferc.fed.us/online/ and Human Services will report to made to implement its agreement with rims.htm (call 202–208–2222 for Commissioners on the Implementation ProGas U.S.A., Inc. (ProGas) regarding assistance). of the Hispanic Education Action Plan. the services and rates to be provided by The White House Initiative staff will National Fuel following National Fuel’s David P. Boergers, report on the work of the acquisition of the interests of Texas Secretary. Interdepartmental Council on Hispanic Eastern Transmission Corporation [FR Doc. 99–22971 Filed 9–2–99; 8:45 am] Educational Improvement and the 1999 (Texas Eastern) in the Niagara Spur BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Engineers, in Wilkes County, North Carolina, and has prepared a Draft Federal Energy Regulatory Federal Energy Regulatory Environmental Assessment (DEA) for Commission Commission the proposed action. [Docket No. MG99±19±001] In the DEA, Commission staff [Docket No. RP99±443±001] concludes that approval of the subject Pine Needle LNG Company, L.L.C.; amendment of license with staff’s Petal Gas Storage Company, Notice of Notice of Filing recommended mitigative measures Proposed Changes in FERC Gas Tariff would not produce any significant August 30, 1999. adverse environmental impacts; August 30, 1999. Take notice that on August 11, 1999, consequently, the proposal would not Pine Needle LNG Company, L.L.C. (Pine constitute a major federal action Take notice that on August 25, 1999, Needle) filed a standards of conduct Petal Gas Storage Company (Petal) significantly affecting the quality of the report in response to the Commission’s human environment. tendered for filing, as part of its FERC 1 July 16, 1999 order. Copies of the DEA can be viewed at Gas Tariff, First Revised Volume No. 1, Any person desiring to be heard or to the Commission’s Public Reference the following tariff sheets with a protest the filing should file a motion to Room, Room 2A, 888 First Street, NE, proposed effective date of August 16, intervene or protest with the Federal Washington, DC 20426, or by calling 1999; Energy Regulatory Commission, 888 (202) 208–1371. The DEA also may be Sub. First Revised Sheet No. 1 First Street, NE, Washington, DC 20426, viewed on the Web at www.ferc.fed.us/ Sub. First Revised Sheet No. 2 in accordance with Rules 211 or 214 of online/rims.htm. Call (202) 208–2222 Sub. Second Revised Sheet No. 101 the Commission’s Rules of Practice and for assistance. Sub. Original Revised Sheet No. 75 Procedure (18 CFR 385.211 or 358.214). Any comments should be filed within Sub. Original Revised Sheet No. 211 All such motions to intervene or protest 30 days from the date of this notice and should be filed on or before September should be addressed to David P. These tariff sheets are being filed to 14, 1999. Protests will be considered by Boergers, Secretary, Federal Energy eliminate any reference in Petal’s tariff the Commission in determining the Regulatory Commission, 888 First to an unbundled sales service provided appropriate action to be taken but will Street, NE, Washington, DC 20426. by Petal. Sub. Original Sheet No. 75 also not serve to make protestants parties to Please affix ‘‘W. Kerr Scott provides notice of the cancellation of the proceedings. Any person wishing to Hydroelectric Project Amendment of Petal’s Rate Schedule SS unbundled become a party must file a motion to License, Project No. 6879–019’’ to all sales service constituting Original Sheet intervene. Copies of this filing are on comments. For further information, No. 75 of Petal’s FERC Gas Tariff. In file with the Commission and are please contact Jim Haimes at (202) 219– addition, Sub. Original Sheet No. 211 available for public inspection. This 2780. filing may be viewed on the web at provides notice of cancellation of Petal’s David P. Boergers, Form of Sales Service Agreement http://www.ferc.fed.us/online/rims.htm (call 202–208–2222 for assistance). Secretary. constituting Original Sheet Nos. 211– David P. Boergers, [FR Doc. 99–23007 Filed 9–2–99; 8:45 am] 214 of Petal’s FERC Gas Tariff. Petal BILLING CODE 6717±01±M request all waivers necessary to make Secretary. these tariff sheets effective August 16, [FR Doc. 99–22973 Filed 9–2–99; 8:45 am] 1999. BILLING CODE 6717±01±M DEPARTMENT OF ENERGY Any person desiring to protest this Federal Energy Regulatory filing should file a protest with the DEPARTMENT OF ENERGY Commission Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC Federal Energy Regulatory Notice of Intent To File Application for 20426, in accordance with Section Commission New License 385.211 of the Commission’s Rules and [Project No. 6879±019] Regulations. All such protests must be August 30, 1999. filed as provided in Section 154.210 of Southeastern Hydro-Power, Inc.; a. Type of filing: Notice of Intent to the Commission’s Regulations. Protests Notice of Availability of Draft File Application for New License. will be considered by the Commission Environmental Assessment b. Project No.: 2726. c. Date file: July 27, 1999. in determining the appropriate action to August 30, 1999. d. Submitted By: Idaho Power be taken, but will not serve to make In accordance with the National Company, current licensee. protestants parties to the proceedings. Environmental Policy Act of 1969 and e. Name of Project: Upper and Lower Copies of this filing are on file with the the Federal Energy Regulatory Malad. Commission and are available for public Commission’s (Commission’s) f. Location: On the Malad River in inspection in the Public Reference regulations, the Office of Hydropower Gooding County, Idaho. room. This filing may be viewed on the Licensing has reviewed the application g. Filed Pursuant to: Section 15 of the web at http://www.ferc.fed.us/online/ requesting the Commission’s Federal Power Act, 18 CFR 16.6 of the rims.htm (call 202–208–2222 for authorization to amend the license for Commission’s regulations. assistance). the proposed W. Kerr Scott h. Effective date of original license: David P. Boergers, Hydroelectric Project, to be located on May 1, 1965. Secretary. the Yadkin River immediately below the i. Expiration date of original license: existing W. Kerr Scott Dam, operated by July 31, 2004. [FR Doc. 99–22972 Filed 9–2–99; 8:45 am] the Wilmington District Corps of j. The project consists of the Upper BILLING CODE 6717±01±M Malad and the Lower Malad 1 88 FERC ¶61,085 (1999). Developments.

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The Upper Malad Development from diverse stakeholder groups are implemented in a way that consists of: (1) The 25-foot high and throughout the U.S. to be considered for continues to reflect stakeholder needs, 150-foot-long concrete Upper Malad appointments. Nominations will be the Administrator has asked NACEPT to Dam, with Tainter gates; (2) an open accepted until close of business create a new Standing Committee on concrete conduit about 4,600 feet long September 10, 1999, and must include Compliance Assistance. This will and 15 feet wide; (3) a 10-foot-diameter a resume and short biography describing provide a continuing Federal Advisory and 230-foot-long welded steel plate the educational and professional Committee forum from which the penstock; (4) a 7,200-kilowatt vertical qualifications of the nominee and the Agency can continue to receive valuable outdoor type generator; (5) a 0.6-mile- nominee’s current business address and multi-stakeholder advice and daytime telephone number. long transmission line connecting the recommendations on compliance development to the Hagerman DATES: Nominations will be accepted assistance activities. Substation; and (6) other appurtenances. until close of business on September 10, The Lower Malad Development 1999. The Standing Committee on consists of : (1) The 8.5 foot-high and ADDRESSES: Submit nominations to Ms. Compliance Assistance will, through 160-foot-long concrete Lower Malad Gina Bushong, Office of Enforcement NACEPT (the Council): (1) provide Dam with Tainter gates; (2) an open and Compliance Assurance (OECA), guidance on the development of an concrete conduit about 5,450 feet long U.S. Environmental Protection Agency, Agency-wide annual compliance and 17 feet wide; (3) a 12-foot-diameter MC 2224A, 401 M Street, SW, assistance plan which identifies major and 287-foot-long welded steel plate Washington, D.C. 20460. You may also planned compliance assistance work; (2) penstock; (4) a reinforced concrete E-mail nominations to provide input to the design and powerhouse with an installed capacity [email protected]. implementation of a clearinghouse of of 13,500 kilowatts; and (5) other FOR FURTHER INFORMATION CONTACT: Ms. compliance assistance information; and appurtenances. Gina Bushong, Office of Enforcement (3) guide the planning of a forum to Pursuant to 18 CFR 16.7, information and Compliance Assurance (OECA), bring together government and private on the project is available at: Idaho U.S. Environmental Protection Agency, compliance assistance providers. We are Power Company, 1221 West Idaho MC 2224A, 401 M Street, SW, accepting nominations for Street, Corporate Library, Second Floor, Washington, D.C. 20460. You may also approximately 15–20 members. Criteria Boise,ID 83707, or calling (208) 338– E-mail nominations to for selection of nominees will include 2491. [email protected]. the following: 1. FERC contact: Hector M. Perez SUPPLEMENTARY INFORMATION: NACEPT —Demonstrated experience in (202) 219–2843, hector.perexferc.fed.us. is a federal advisory committee under m. Pursuant to 18 CFR 16.9(b)(1) the Federal Advisory Committee Act, compliance assistance activities applications for a new license and any Public Law 92463. NACEPT provides —Representation from a broad range of competing license applications must be advice and recommendations to the EPA stakeholder groups which have filed with the Commission at least 24 Administrator and other EPA officials interest and experience in reinvention months prior to the expiration of on a broad range of domestic and approaches to environmental existing license. All applications for international environmental policy problems, including but not limited to license for this project must be filed by issues. NACEPT consists of a business/industry, state/local/tribal July 31, 2002. representative cross-section of EPA’s governments, national and local David P. Boergers, partners and principal constituents who environmental, environmental justice, Secretary. provide advice and recommendations and labor groups. [FR Doc. 99–22970 Filed 9–2–99; 8:45 am] on policy issues and serve as a sounding —Senior level representatives with BILLING CODE 6717±01±M board for new strategies that the Agency is developing. Maintaining a balance decision-making authority for their and diversity of experience, knowledge, organization. ENVIRONMENTAL PROTECTION and judgment is an important —Representatives with experience AGENCY consideration in the selection of working collaboratively with members. stakeholder groups in addition to [FRL±6433±2] The Office of Enforcement and their own. Request for Nominations to the Compliance Assurance (OECA) has recently completed work on an action Nominations for membership must National Advisory Council for include a resume and short biography Environmental Policy and Technology, plan, ‘‘Innovative Approaches to Enforcement and Compliance describing the educational and New Standing Committee on professional qualifications of the Compliance Assistance Assurance.’’ The OECA action plan draws on the ideas from an Agency- nominee and the nominee’s current AGENCY: Environmental Protection wide Innovations Task Force, public business address and daytime telephone Agency (EPA). dialogue such as OECA’s ‘‘East coast’’ number. Nominees invited to participate ACTION: Notice of request for and ‘‘West coast’’ stakeholder will receive an invitation from EPA’s nominations. conferences, and stakeholder Deputy Administrator. discussions in regional offices and at Dated: August 30, 1999. SUMMARY: The Environmental Protection Headquarters. The tasks described in the Joe Sierra, Agency (EPA) is inviting nominations Agency report (available at for membership on its National www.epa.gov/reinvent) and the OECA Designated Federal Officer. Advisory Council for Environmental action plan will change fundamental [FR Doc. 99–23061 Filed 9–2–99; 8:45 am] Policy and Technology (NACEPT), new aspects of our compliance assistance BILLING CODE 6560±50±U Standing Committee on Compliance planning and programs. Assistance. The Agency is seeking To ensure that the compliance qualified senior level decision makers assistance activities in the action plan

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ENVIRONMENTAL PROTECTION Project, Plan to Increase Flood severe nonattainment for CO and PM10; AGENCY Protection Downstream of Success Dam the lack of significant permanent and Increase Storage Space in Lake reduction of traffic congestion, VMT, [ER±FRL±6245±8] Success for Irrigation Water, Tule River, v/c ratios and CO violations; and Environmental Impact Statements and Tulace and King Counties, CA. significant impacts to noises, in Regulations; Availability of EPA Summary: EPA expressed objections established core neighborhoods, and Comments regarding the lack of a full alternative community and 4(f) facilities. EPA analysis. In addition, habitat protection proposed an alternative phased Availability of EPA comments and mitigation success associated with approach with aggressive prepared July 23, 1999 through July 30, the project are uncertain, and the project implementation of TDM and mass 1999 pursuant to the Environmental lacks planning for long-term transit measures. Review Process (ERP), under Section sustainability of the water resource and ERP No. D–FTA–D40289–VA Rating 309 of the Clean Air Act and Section flood protection goals and could result EC2, Norfolk-Virginia Beach Light Rail 102(2)(c) of the National Environmental in cumulative impacts. Transit System East/West Corridor Policy Act as amended. Requests for ERP No. D–FHW–D40298–MD Rating Project, Transportation Improvements, copies of EPA comments can be directed EC2, MD–32 Planning Study, Tidewater Transportation District to the Office of Federal Activities at Transportation Improvement from MD Commission, COE Section 404 Permit, (202) 564–7167. An explanation of the 108 to Interstate 70, Funding, NPDES City of Norfolk and City of Virginia ratings assigned to draft environmental Permit and COE Section 404 Permit, Beach, VA. impact statements (EISs) was published Howard County, MD. Summary: EPA is concerned about in FR dated April 09, 1999 (64 FR Summary: EPA is primarily potential noise vibration and 17362). concerned with secondary impacts displacement impacts to existing including land use issues and Draft EISs neighborhood. development pressure from the ERP No. D–AFS–J65303–MT Rating increased access that this project would Final EISs EC2, Bridger Bowl Ski Area, Permit induce. An enhancement of the existing ERP No. F–FHW–L40184–WA, WA– Renewal and Master Development Plan highway may meet the purpose and 167 Corridor Adoption, WA–167 Update, Implementation, Special Use needs while considerably reducing Freeway Extension from WA–167/ Permit and COE Section 404 Permit, wetland impacts. Meridian Street North in the City of Gallatin National Forest, in the City of ERP No. D–FHW–D40300–MD Rating Puyallup to the proposed WA–509 Bozeman, MT. EC1, Middle River Employment Center Freeway/East-West Alignment in the Summary: EPA expressed concerns Access Study, Transportation City of Tacoma, Funding and COE regarding lack of information to support Improvements, NPDES and COE Section Section 404 Permit, Pierce County, WA. expansion of the ski area beyond the 404 Permit, Baltimore County, MD. Summary: EPA expressed objections existing ski area boundaries; inadequate Summary: EPA expressed to the Tier I process that eliminated analysis and disclosure of indirect environmental concerns about the alternatives that should have been fully effects of induced development that direct, cumulative and secondary analyzed and which may have had may be associated with the ski area impacts that are associated with the potential to avoid social, economic and expansion and doubling of skier development that will occur as a result environmental impacts. EPA requested capacity; potential increased wastewater of this new highway project. EPA urged that the Tier II process provide a pollutant loadings to area ground water; Baltimore County to implement detailed analyses of environmental, and erosion from ski area vegetation aggressive conservation practices when economic and social impact and clearing and ski run development. reviewing plans and processing permits avoidance and mitigation for those Additional information is needed to that will allow development to occur in impacts. fully assess and mitigate all potential Middle River Employment Center. ERP No. F–NCP–D61050–MD, environmental impacts of the ERP No. D–FHW–E40088–MS Rating National Harbor Project, Construction management actions. EC2, Airport Parking/Mississippi 25 and Operation along the Potomac River ERP No. D–COE–K36127–CA Rating Connectors, Construction at Intersection on a 534 acre site adjacent to the Capital EO2, Arroyo Pasajero Watershed of High Street/Interstate 55 (I–55) in the Beltway and Oxon Hill Manor, COE Feasibility Investigation, City of Jackson, Hinds and Rankin Section 10 and 404 Permits, Prince Implementation, Flood Damage Counties, MS. George’s County, MD. Reduction Plan, San Joaquin River Summary: EPA expressed Summary: EPA has concerns Basin, City of Huron, Fresno County, environmental concerns regarding regarding impacts to aquatic resources, CA. potential long-term wetland impacts air pollution and environmental justice Summary: EPA expressed objections associated with building the proposed issues. EPA is trying to resolve some of to the Gap Dam alternative due to highway as described in the preferred the outstanding issues with the significant impacts on biological alternative. EPA suggested incorporating applicant. resources, wetlands and endangered sub-alternatives that address the various ERP No. FS–AFS–J65283–CO, Upper species. EPA expressed concerns bridging and interchange options using Elk River Access Analysis, regarding the Westside Detention Basin the alignments similar to the preferred Implementation, Proposal to Remove alternative. Additional information on alternative. and/or Treat Blowdown Trees, Routt nonstructural methods and mitigation of ERP No. D–FHW–K40148–NV Rating Divide Blowdown, Medicine Bow- project impacts is required for EPA to EO2, US–95 Improvements, Along Routt-National Forests, Hahn Peak/ fully assess whether significant Summerlin Parkway to the Local and Bears Ears Ranger District, Routt environmental impacts have been Arterial Road Network in the Northwest County, CO. avoided to fully protect the Region of Las Vegas, Construction and Summary: EPA expressed its view environment. Operation, Clark County, NV. that the preferred alternative, as ERP No. D–COE–K36128–CA Rating Summary: EPA expressed objections disclosed in the Final Supplemental EO2, Tule River Basin Investigation with respect to the project, given the Environmental Impact Statement

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(FSEIS) and recorded in the Record of Implement a Systematic Five-Year Due: August 09, 1999, Contact: Bob Decision (ROD), can be implemented Program for Restoration of the Native Hexom (888) 428–6440. Published FR without significant impact to the Longleaf Pine, Conecuh National 07–09–99—Review Period extended environment. Forest, Conecuh Ranger District, from 08–03–99 to 09–03–99. Regulations Covington and Escambia Counties, EIS No. 990294, FINAL EIS, FHW, AK, AL, Due: October 12, 1999, Contact: C Street Corridor Project, ERP No. R–BLM–A02241–00, 43 CFR Robert Taylor (334) 222–2555. Improvements from O’Malley Road to Part 3100 et al.—Onshore Oil and Gas EIS No. 990306, FINAL EIS, FHW, IL, International Airport Road, NPDES Leasing and Operations; Proposed Rule. IL–315 Federal Aid Primary (FAP) and COE Section 404 Permits, Summary: EPA expressed concerns (Illinois-336) Transportation Project, Municipality of Anchorage, AK, Due: that the proposed action could lead to Construction from FAP 315, IL 336 September 27, 1999, Contact: Jim or have significant impacts to air and (Southeast of Carthage) to US 136 water quality. EPA suggests that BLM Bryson (907) 586–7428. Published (Just West of Macomb), Funding, COE FR–08–27–99—Correction to analyze and discuss the cumulative 404 Permit and NPDES Permit, impacts of oil and gas leasing to air and Document Status from Draft to Final Hancock and McDonough Counties, that has a 30 day Comment Period. water quality before issuing the final IL, Due: October 12, 1999, Contact: Dated: August 31, 1999. rule and include proposed clarifications Ronald C. Marshall (217) 492–4640. to the sections on produced water EIS No. 990307, DRAFT EIS, BLM, CO, B. Katherine Biggs, disposal, underground injection control North Fork Coal Program, Approval of Associate Director, NEPA Compliance permits, bonding and plugging Two Lease-By-Applications (LBA) Division, Office of Federal Activities. abandonment. and Exploration License for Iron Point [FR Doc. 99–23055 Filed 9–2–99; 8:45 am] Dated: August 31, 1999. and Elk Creek Coal Leases, Delta and BILLING CODE 6560±50±U B. Katherine Biggs, Gunnison County, CO, Due: Associate Director, NEPA Compliance November 03, 1999, Contact: Jerry Division, Office of Federal Activities. Jones (970) 240–5338. The US ENVIRONMENTAL PROTECTION [FR Doc. 99–23054 Filed 9–2–99; 8:45 am] Department of Interior’s Bureau of AGENCY BILLING CODE 6550±60±U Land Management and the US Department of Agriculture’s Forest [OPP±00620; FRL±6381±5] Service are Joint Lead for this project. ENVIRONMENTAL PROTECTION EIS No. 990308, DRAFT EIS, FTA, CA, FIFRA Scientific Advisory Panel; AGENCY Orange County CenterLine Project, Notice of Public Meeting Transportation Improvements, [ER±FRL±6245±7] AGENCY: Environmental Protection Advanced Rail Transit in the Heart of Agency (EPA). Environmental Impact Statements; Orange County, Funding and COE ACTION: Notice of public meeting. Notice of Availability Section 404 Permit, Orange County, CA, Due: October 25, 1999, Contact: SUMMARY: Responsible Agency: Office of Federal A. Joseph Ossi (202) 366–1613. There will be a 4-day meeting Activities, General Information (202) EIS No. 990309, FINAL EIS, FHW, NM, of the Federal Insecticide, Fungicide, 564–7167 OR (202) 564–7153. Weekly US 84/285 Highway Transportation and Rodenticide Act (FIFRA) and Food receipt of Environmental Impact Improvements from Alamo Drive in Quality Protection Act (FQPA) Statements Filed August 23, 1999 Santa Fe to Viarrial Street in Scientific Advisory Panel (SAP) to Through August 27, 1999 Pursuant to 40 Pojoaque, Right-of-Way Acquisition, review a set of five scientific issues CFR 1506.9. NPDES Permit and COE Section 404 being considered by the Agency: EIS No. 990302, DRAFT EIS, FHW, WV, Permit, Santa Fe County, NM, Due: Session I—An assessment of residential MD, VA, US 522 Upgrade and October 12, 1999, Contact: Gregory D. exposure to pesticides. Improvements Project, From the Rawlings (505) 820–2027. Session II—A review of an aggregate Virginia State Line through Morgan EIS No. 990310, FINAL SUPPLEMENT, exposure assessment tool. County, to the Maryland State Line, NRC, Generic EIS—License Renewal Session III—Identification of carbamate Funding, NPDES and COE Section of Nuclear Plants for the Oconee pesticides that have a common 404 Permit, Morgan County, WV, Due: Nuclear Station, Units 1, 2 and 3, mechanism of toxicity. November 01, 1999, Contact: Thomas Implementation, Oconee County SC, Session IV—Issues pertaining to J. Smith (304) 347–5928. Due: October 12, 1999, Contact: cumulating hazard for conducting EIS No. 990303, FINAL EIS, FHW, HI, Donald P. Cleary (301) 415–3903. cumulative risk assessments for Saddle Road (HI–200) Improvements EIS No. 990311, DRAFT EIS, AFS, OR, pesticides that have a common between Mamalahoa Highway (HI– Ashland Creek Watershed Protection mechanism of toxicity. 190) to Milepost 6 near Hilo, Funding, Project, Proposal to Manage Session V—A review of American NPDES and COE Section 404 Permit, Vegetation, Rogue River National Cyanamid’s April 22, 1999 probabilistic Hawaii County, HI, Due: October 12, Forest, Ashland Ranger District, City assessment for chlorfenapyr. 1999, Contact: Bert McCauley (303) of Ashland, Jackson County, OR, Due: DATES: The meeting will be held on October 25, 1999, Contact: Kristi 716–2141. Tuesday, September 21; Wednesday, EIS No. 990304, DRAFT EIS, NPS, WA, Mastrafini (541) 482–3333. Whitman National Historic Site, September 22; Thursday, September 23; General Management Plan, Amended Notices and Friday, September 24, 1999, Development Concept Plan, EIS No. 990227, FINAL EIS, USN, CA, beginning at 8:30 a.m. and ending Implementation, Walla Walla County, HI, WA, Developing Home Port approximately 5:30 p.m. WA, Due: November 12, 1999, Facilities For Three NIMITZ-Class ADDRESSES: The meeting will be held at Contact: Francis T. Darby (509) 522– Aircraft Carriers in Support of the the Sheraton Crystal City Hotel, (703) 6360. U.S. Pacific Fleet, Construction and 486–1111, 1800 Jefferson Davis EIS No. 990305, FINAL EIS, AFS, AL, Operation, Coronado, CA; Bremerton Highway, Arlington, VA, on September Longleaf Restoration Project, and Everett, WA, Pearl Harbor, HI, 21, 22, and 23 and at the Days Inn

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Crystal City (703) 920–8600, 2000 Documents.’’ You can also go directly to agreement with Hampshire Research Jefferson Davis Highway, Arlington, VA, the Federal Register listings at http:// Institute (HRI). The Agency is working on September 24. www.epa.gov/fedrgstr/. A meeting collaboratively under this cooperative Requests to participate at the meeting agenda is currently available, and copies agreement with HRI to create a tool that and/or to provide comments for of EPA background documents for the is publicly available, open software with consideration by the FIFRA Scientific meeting will be available no later than no hidden logic; uses HRI’s micro- Advisory Panel may be submitted by September 7, 1999. Copies of the Panel’s exposure event analysis method; mail, electronically, or in person. Please report of their recommendations will be incorporates an object-oriented design follow the detailed instructions as available approximately 30 working that allows for continuing refinement provided in Unit III under days after the meeting. The meeting and improvement; and includes a SUPPLEMENTARY INFORMATION. To ensure agenda and EPA primary background design that addresses known future proper receipt by EPA, your request documents will be available at http:// requirements for pesticide analysis, must identify docket control number www.epa.gov/pesticides/SAP/. such as cumulative risk assessment. The OPP–00620. 2. In person. The Agency has purpose of this session is for Agency established an official record for this FOR FURTHER INFORMATION CONTACT: Paul scientists to consult with the SAP Lewis or Laura Morris, Designated action under docket control number regarding the current status and future Federal Officials, FIFRA Scientific OPP–00620. The official record consists development options of this tool. Advisory Panel, (7101C), Environmental of the documents specifically referenced Session III emphasizes the in this action, any public comments identification of carbamate pesticides Protection Agency, 401 M St., SW., received during an applicable comment that have a common mechanism of Washington, DC 20460; telephone period, and other information related to toxicity. The identification of pesticides number: (703) 305–5369; e-mail address: this action, including information and other substances that cause a [email protected] or claimed as confidential business common toxic effect by a common [email protected]. information (CBI). The public version of mechanism is the first step of the Individuals requiring special the official record, which includes cumulative risk assessment process (as accommodations at this meeting, printed, paper versions of any electronic required by the FQPA). The Agency has including wheelchair access, should comments submitted during an developed a framework for identifying contact Laura Morris at the address applicable comment period, is available chemicals that have a common listed above at least 5 business days for inspection in the Public Information mechanism of toxicity (February 5, prior to the meeting so that appropriate and Records Integrity Branch (PIRIB), 1999, 64 FR 5796) (FRL–6060–7). This arrangements can be made. Seating will Rm. 119, Crystal Mall #2, 1921 Jefferson session will describe the results of the be on a first-come basis. Davis Hwy., Arlington, VA, from 8:30 Agency’s effort to determine whether (1) SUPPLEMENTARY INFORMATION: a.m. to 4 p.m., Monday through Friday, carbamate pesticides cause a common I. Does this Notice Apply to Me? excluding legal holidays. The PIRIB toxic effect by a common mechanism telephone number is (703) 305–5805. and (2) if any carbamate pesticides share This action is directed to the public a common mechanism of toxicity with III. Sessions Overview in general. This action may, however, be organophosphorus pesticides. of interest to manufacturers of Session I will be the review of issues Session IV addresses issues pertaining pesticides; farmers applying pesticides pertaining to the assessment of to cumulating hazard for conducting to crops; persons living in the general residential exposure to pesticides. When cumulative risk assessments for areas where pesticides are being used; estimating aggregate exposure to a pesticides that have a common researchers in industry, government, pesticide substance, the Agency mechanism of toxicity. The Agency is and academia studying the effectiveness includes exposures that may occur preparing guidance for assessing of pesticides; and individuals and following use of the pesticide in cumulative risk in support of the Food organizations studying the effects of residential or other non-occupational Quality Protection Act 1996. This pesticides on the environment. Since settings. This session will focus on session will focus on key hazard and other entities may also be interested, the several key issues that pertain to dose response issues involved with Agency has not attempted to describe all improving procedures for estimating cumulating risk from exposure to two or the specific entities that may be affected exposure to pesticides from use in more chemicals that are toxic by a by this action. Applications of the five residential or other non-occupational common mechanism. These issues deal sessions are further described below. If settings and in revising its standard with, for example: (1) End point you have any questions regarding the operating procedures for residential selection; (2) application of adjustment details of a particular session, consult exposure assessments. The issues and group uncertainty factors; (3) the persons listed under FOR FURTHER include: (1) Calculating percent interspecies dose adjustments; (4) INFORMATION CONTACT. dislodgeability of available pesticide utilization of dose-response data and residues from lawns, indoor surfaces, selection of a point of departure; and (5) II. How Can I Get Additional and pets; (2) use of choreographed methods for combining toxicity data. In Information, Including Copies of this activities as surrogates for estimating a addition, science policy issues such as Document or Other Related Documents? child’s dermal exposure; (3) assumptions concerning dose addition 1. Electronically. You may obtain characterizing hand (or object)-to-mouth and dose response relationships will be electronic copies of this document, and activities; (4) calculating exposure to presented. The Agency needs input certain other related documents that pesticides that may result from track-in, from the SAP and the public on the might be available electronically, from drift, bathing or showering; and (5) hazard and toxicological issues that the EPA Internet Home Page at http:// calculating exposure from use of concern cumulative risk assessment. www.epa.gov/. To access this pesticides in schools, day-care centers, Session V concerns the review of the document, on the Home Page select and other public places. American Cyanamid Company’s April ‘‘Laws and Regulations’’ and then look Session II provides a review of an 22, 1999 probabilistic assessment (MRID up the entry for this document under aggregate exposure assessment tool No. 448098–01) for chlorfenapyr. In the ‘‘Federal Register—Environmental being developed through a cooperative December 1994, the Agency received a

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.213 pfrm08 PsN: 03SEN1 48396 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices request for registration for the use of the Information marked CBI will not be Federal Deposit Insurance Corporation. pyrrole insecticide, chlorfenapyr on disclosed except in accordance with James D. LaPierre, cotton. As a part of the registration procedures set forth in 40 CFR part 2. Deputy Executive Secretary. package, American Cyanamid Company An edited copy of the comment that [FR Doc. 99–23143 Filed 9–1–99; 10:55 am] submitted a probabilistic assessment. does not contain the CBI material must BILLING CODE 6714±01±M The Agency is seeking SAP input be submitted for inclusion in the public regarding: (1) American Cyanamid’s docket. Information not marked probabilistic assessment and how it may confidential will be included in the FEDERAL RESERVE SYSTEM be improved; (2) the Agency’s review of public docket. All comments and the assessment; and (3) the utility of materials received will be made part of Change in Bank Control Notices; using this assessment to characterize the the public record and will be considered Acquisitions of Shares of Banks or risk of chlorfenapyr use on cotton to by the Panel. Bank Holding Companies; Correction birds in cotton agroenvironments. List of Subjects This notice corrects a notice (FR Doc. IV. How Can I Request To Participate Environmental protection. 99–22469) published on page 47190 of in this Meeting? the issue for Monday, August 30, 1999. Members of the public wishing to Dated: August 31, 1999. The Federal Reserve Bank of Boston submit comments should contact either Marcia E. Mulkey, heading in paragraph A. and the entry Paul Lewis or Laura Morris at the Director, Office of Pesticide Programs. for Julie Freeman, Bartlesville, address or the telephone number given [FR Doc. 99–23053 Filed 8–31–99; 2:58 pm] Oklahoma, is corrected to read as under FOR FURTHER INFORMATION BILLING CODE 6560±50±F follows: CONTACT to confirm that the meeting A. Federal Reserve Bank of date and the agenda have not been Minneapolis (JoAnne F. Lewellen, modified or changed. Interested persons Assistant Vice President) 90 Hennepin are permitted to file written statements FEDERAL DEPOSIT INSURANCE Avenue, P.O. Box 291, Minneapolis, before the meeting. To the extent that CORPORATION Minnesota 55480–0291: time permits, and upon advanced 1. Julie Freeman, Bartlesville, written request to either Paul Lewis or Notice of Agency Meeting Oklahoma; to retain voting shares of Laura Morris, interested persons may be Peoples Bankshares, Inc., Mora, permitted by the Chair of the SAP to Pursuant to the provisions of the Minnesota, and thereby indirectly retain present oral statements at the meeting. ‘‘Government in the Sunshine Act’’ (5 voting shares of Peoples National Bank The request should identify the name of U.S.C. 552b), notice is hereby given that of Mora, Mora, Minnesota. the individual making the presentation, at 10:32 a.m. on Tuesday, August 31, Comments on this application must the organization (if any) the individual 1999, the Board of Directors of the be received by September 24, 1999. will represent, and any requirements for Federal Deposit Insurance Corporation Board of Governors of the Federal Reserve audiovisual equipment (e.g., overhead met in closed session to consider System, August 30, 1999. projector, 35 mm projector, and matters relating to the Corporation’s Robert deV. Frierson, chalkboard). There is no limit on the corporate, insurance, and resolution Associate Secretary of the Board. length of written comments for activities. [FR Doc. 99–22960 Filed 9–2–99; 8:45 am] consideration by the Panel, but oral In calling the meeting, the Board BILLING CODE 6210±01±F statements before the Panel are limited determined, on motion of Director Ellen to approximately 5 minutes. The S. Seidman (Director, Office of Thrift Agency also urges the public to submit Supervision), seconded by Vice FEDERAL RESERVE SYSTEM written comments in lieu of oral Chairman Andrew C. Hove, Jr., presentations. Persons wishing to make concurred in by Ms. Julie Williams, Formations of, Acquisitions by, and oral and/or written statements should acting in the place and stead of Director Mergers of Bank Holding Companies notify either Paul Lewis or Laura Morris John D. Hawke, Jr. (Comptroller of the and submit 40 copies of the summary Currency), and Chairman Donna The companies listed in this notice information. The Agency encourages Tanoue, that Corporation business have applied to the Board for approval, that written statements be submitted required its consideration of the matters pursuant to the Bank Holding Company before the meeting to provide Panel on less than seven days’ notice to the Act of 1956 (12 U.S.C. 1841 et seq.) Members the time necessary to consider public; that no notice of the meeting (BHC Act), Regulation Y (12 CFR part and review the comments. earlier than August 26, 1999, was 225), and all other applicable statutes Electronic comments must be practicable; that the public interest did and regulations to become a bank submitted as an ASCII file avoiding the not require consideration of the matters holding company and/or to acquire the use of special characters and any form in a meeting open to public observation; assets or the ownership of, control of, or of encryption. Comments and data also and that the matters could be the power to vote shares of a bank or will be accepted on disks in considered in a closed meeting by bank holding company and all of the WordPerfect in 5.1/6/7/8.0 file format or authority of subsections (c)(2), (c)(6), banks and nonbanking companies ASCII file format. All comments and (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of the owned by the bank holding company, data in electronic form must be ‘‘Government in the Sunshine Act’’ (5 including the companies listed below. identified by the docket control number U.S.C. 552b(c)(2), (c)(6), (c)(8), The applications listed below, as well ‘‘OPP–00620.’’ Electronic comments (c)(9)(A)(ii), and (c)(9)(B)). as other related filings required by the may be filed online at many Federal Board, are available for immediate Depository Libraries. The meeting was held in the Board inspection at the Federal Reserve Bank Information submitted as a comment Room of the FDIC Building located at indicated. The application also will be in response to this notice may be 550—17th Street, N.W., Washington, available for inspection at the offices of claimed confidential by marking any D.C. the Board of Governors. Interested part or all of that information as CBI. Dated: August 31, 1999. persons may express their views in

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.213 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48397 writing on the standards enumerated in acquire Citizens Capital, Inc., Boston, of TP Group Limited, Grand Cayman, the BHC Act (12 U.S.C. 1842(c)). If the Massachusetts, and thereby engage in Cayman Islands, British West Indies, proposal also involves the acquisition of mezzanine financing, pursuant to § and Tradepoint Financial Networks plc, a nonbanking company, the review also 225.28(b)(1) of Regulation Y, and NYCE London, England, and thereby engage in includes whether the acquisition of the Corporation, Woodcliff Lake, New securities brokerage services and other nonbanking company complies with the Jersey, and thereby engage in data agency transactional services for standards in section 4 of the BHC Act processing and check verification customer investments, pursuant to § (12 U.S.C. 1843). Unless otherwise services, pursuant to §§ 225.28(b)(14) 225.28(b)(7) of Regulation Y. noted, nonbanking activities will be and (b)(2) of Regulation Y, respectively. Board of Governors of the Federal Reserve conducted throughout the United States. RDSG International Holdings Limited, System, August 30, 1999. Unless otherwise noted, comments will be a subssidiary of The Royal Bank Robert deV. Frierson, regarding each of these applications of Scotland Group plc, and The Royal Associate Secretary of the Board. must be received at the Reserve Bank Bank of Scotland plc, both of [FR Doc. 99–22962 Filed 9–2–99; 8:45 am] indicated or the offices of the Board of Edinburgh, Scotland. Governors not later than September 27, Comments on this application must BILLING CODE 6210±01±F 1999. be received by September 24, 1999. A. Federal Reserve Bank of Kansas Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM City (D. Michael Manies, Assistant Vice System, August 30, 1999. President) 925 Grand Avenue, Kansas Robert deV. Frierson, Notice of Proposals To Engage in City, Missouri 64198-0001: Associate Secretary of the Board. Permissible Nonbanking Activities or 1. First Bancshares, Inc., Kansas City, [FR Doc. 99–22961 Filed 9–2–99; 8:45 am] To Acquire Companies That Are Kansas; to acquire 100 percent of the Engaged in Permissible Nonbanking BILLING CODE 6210±01±F voting shares of The Lawrence Bank, Activities; Correction Lawrence, Kansas, a de novo bank. This notice corrects a notice (FR Doc. Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM 99–19948) published on pages 42379– System, August 30, 1999. 42380 of the issue for Wednesday, Notice of Proposals To Engage in Robert deV. Frierson, August 4, 1999. Associate Secretary of the Board. Permissible Nonbanking Activities or Under the Federal Reserve Bank of [FR Doc. 99–22959 Filed 9–2–99; 8:45 am] To Acquire Companies That Are San Francisco heading, the entry for Engaged in Permissible Nonbanking BILLING CODE 6210±01±F Umpqua Holdings Corporation, Activities Roseburg, Oregon, is revised to read as The companies listed in this notice follows: FEDERAL RESERVE SYSTEM have given notice under section 4 of the A. Federal Reserve Bank of San Francisco (Maria Villanueva, Manager Formations of, Acquisitions by, and Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 of Analytical Support, Consumer Mergers of Bank Holding Companies; Regulation Group) 101 Market Street, Correction CFR part 225), to engage de novo, or to acquire or control voting securities or San Francisco, California 94105–1579: This notice corrects a notice (FR Doc. assets of a company, including the 1. Umpqua Holdings Corporation, 99–22471) published on pages 47191– companies listed below, that engages Roseburg, Oregon; to acquire all the 47192 of the issue for Monday, August either directly or through a subsidiary or voting shares of Strand, Atkinson, 30, 1999. other company, in a nonbanking activity Williams and York, Inc., Portland, Under the Federal Reserve Bank of that is listed in § 225.28 of Regulation Y Oregon, and thereby engage, to a limited Boston heading, the entry for The Royal (12 CFR 225.28) or that the Board has extent, in underwriting and dealing in bank of Scotland Group plc, The Royal determined by Order to be closely commercial paper, municipal revenue Bank of Scotland plc, and RBSG related to banking and permissible for bonds, mortgage-related securities, and International Holdings Limited, all of bank holding companies. Unless consumer-receivable related securities, Edinburgh, Scotland, is revised to read otherwise noted, these activities will be see Citicorp, et al., 73 Fed. Res. Bull. as follows: conducted throughout the United States. 473 (1987); managing, servicing, and A. Federal Reserve Bank of Boston Each notice is available for inspection collecting assets, pursuant to (Richard Walker, Community Affairs at the Federal Reserve Bank indicated. § 225.28(b)(2)(vi) of Regulation Y; Officer) 600 Atlantic Avenue, Boston, The notice also will be available for performing functions or activities that Massachusetts 02106–2204: inspection at the offices of the Board of may be performed by a trust company, 1. RBSG International Holdings Governors. Interested persons may pursuant to § 225.28(b)(5) of Regulation Limited, Edinburgh, Scotland; to express their views in writing on the Y; acting as investment or financial become a bank holding company by question whether the proposal complies advisor, pursuant to § 225.28(b)(6) of acquiring 100 percent of the voting with the standards of section 4 of the Regulation Y; providing securities shares of Citizens Financial Group, BHC Act. brokerage, ‘‘riskless principal,’’ and Providence, Rhode Island, and thereby Unless otherwise noted, comments private placement services, pursuant to indirectly acquire Citizens Bank Rhode regarding the applications must be § 225.28(b)(7)(i)–(iii); underwriting and Island, Providence, Rhode Island, received at the Reserve Bank indicated dealing in obligations of the United Citizens Bank of Massachusetts, Boston, or the offices of the Board of Governors States, general obligations of states and Massachusetts, Citizens Bank New not later than September 17, 1999. their political subdivisions, and other Hampshire, Manchester, New A. Federal Reserve Bank of New obligations that state member banks of Hampshire, and Citizens Bank of York (Betsy Buttrill White, Senior Vice the Federal Reserve System may Connecticut, New London, Connecticut. President) 33 Liberty Street, New York, underwrite and deal in under 12 U.S.C. In connection with this application, New York 10045–0001: 24 and 335, pursuant to § 225.28(b)(8)(i) RBSG International Holdings Limited, 1. UBS AG, Zurich, Switzerland; to of Regulation Y; and providing Edinburgh, Scotland, also has applied to retain 21.56 percent of the voting shares employee benefits consulting services,

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.125 pfrm08 PsN: 03SEN1 48398 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices pursuant to § 225.28(b)(9)(ii) of (OPA) requests applications for a grant Purpose of the Grant Regulation Y. under the Family Planning Service Within the last several years, Federal Comments on this application must Training Program authorized under and provide sector programs have begun be received by September 17, 1999. section 1003 of the Public Health to focus more attention on male Board of Governors of the Federal Reserve Service (PHS) Act. Funds are available involvement in family planning and System, August 30, 1999. to provide training, with a specific focus reproductive health-related issues, as Robert deV. Frierson, on male reproductive health, for evidenced by the President’s Associate Secretary of the Board. personnel in OFP-funded family Fatherhood Initiative, the Department of [FR Doc. 99–22963 Filed 9–2–99; 8:45 am] planning services projects. it is Health and Human Services’ National anticipated that one grantee will be BILLING CODE 6210±01±F Strategy to Reduce Teen Pregnancy, the funded to serve as the training site. ‘‘Personal Responsibility and Work DATES: To receive consideration, Opportunity Reconciliation Act of DEPARTMENT OF HEALTH AND applications must be received by the 1996,’’ and the National Campaign to HUMAN SERVICES Office of Grants Management, Office of Prevent Teen Pregnancy. Research has Population Affairs no later than October shown that males are both interested in Office of the Assistant Secretary for 4, 1999. and want to play an active role in Planning and Evaluation ADDRESSES: Aplication kits may be reproductive health decision-making, obtained from and applications must be and that males will participate in Technical Review Panel on the submitted to the Grants Management reproductive health programs if they are Medicare Trustees Reports; Notice of Office, Office of Population Affairs, offered in an appropriate manner. Establishment 4350 East-West Highway, Suite 200, Recognizing the need for increased Pursuant to Public Law 92–463, the Bethesda, Maryland 20814. emphasis on male family planning/ Federal Advisory Committee Act, the FOR FURTHER INFORMATION CONTACT: reproductive health services, in 1997 Department of Health and Human Program Requirements: George Jones, the Office of Family Planning began Services (DHHS) announces the Office of Family Planning, OPA, (301) funding a number of community-based- establishment by the Secretary of the 594–4014. organizations to encourage the Technical Review Panel on the Administrative and Budgetary investigation and development of Medicare Trustees Reports. Requirements: Andrea Brandon, Office approaches that facilitate the provision The Panel shall review the of Grants Management, OPA, (301) 594– of family planning/reproductive health- assumptions and methods underlying 6554. related information and services to the Hospital Insurance and SUPPLEMENTARY INFORMATION: Title X of males, and approaches that involve Supplementary Medical Insurance Trust the PHS Act, 42 U.S.C. 300, et seq., males in building community support Fund annual reports. The panel’s review authorizes the Secretary of Health and for the prevention of unintended shall include the following four topics: Human Services to award grants for pregnancy and sexually transmitted 1. Medicare assumptions (e.g., projects to provide training for family diseases (STD). Currently, many of these utilization rates, medical price planning service personnel. (Catalog of projects are funded under section 1001 increases). Federal Domestic Assistance number of the Act, as part of existing services 2. Projection methodology (how 93.260). This notice announces the projects funded under section 1001. assumptions are used to make cost availability of approximately $450,000– While it is now recognized that projections). $475,000 in funding and solicits addressing male reproductive health 3. Long-range growth assumptions for applications for one training project needs is important, there is currently HI and SMI. which will provide training for little in the published literature about 4. Use of stochastic forecasting personnel providing family planning/ the standard for providing reproductive techniques. reproductive health-related information health services for males. Most of what The Panel shall terminate on August and services specifically targeted to is currently known about male 12, 2001, unless the Secretary, DHHS, males served by family planning reproductive health and reproductive formally determines that continuance is agencies throughout the United States. behavior has come from either small in the public interest. studies or from a few national surveys Dated: August 30, 1999. Statutory and Regulatory Background: that were conducted on a one-time Margaret A. Hamburg, Title X of the PHS Act, enacted by basis. Our current understanding about Assistant Secretary for Planning and Pub. L. 91–572, authorizes programs what types of communication are most Evaluation. related to family planning. The family effective in providing training to males [FR Doc 99–23006 Filed 9–2–99; 8:45 am] planning services program authorized and male-oriented organizations around BILLING CODE 4151±04±M by section 1001 of Title X is required by issues of family planning/reproductive law to provide family planning services, health is also severely limited. including education and counseling, to There are a number of research efforts DEPARTMENT OF HEALTH AND all persons desiring such services. that are recent or are currently under HUMAN SERVICES Section 1003 of the Act, as amended, way that will help us gain a clearer authorizes the Secretary to make grants understanding of male sexual and Office of Public Health and Science; to entities to provide training for reproductive behaviors and attitudes. Announcement of Availability of Grant personnel to carry out the family this will aid us in identifying for Family Planning General Training planning service programs authorized reproductive health care service AGENCY: Office of Family Planning, by section 1001. Implementing standards and strategies for effectively OPA, OPHS, HHS. regulations for family planning services providing services to males. An ongoing ACTION: Notice. training appear at 42 CFR part 59, national survey, the Youth Risk subpart C. Prospective applicants Behavior Surveillance System (YRBSS) SUMMARY: The Office of Family Planning should refer to the regulations in their collects some data on sexual behavior— (OFP) of the Office of Population Affairs entirety. among other health risk behaviors—for

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The successful applicant must • Increased services to hard-to-reach and Social Life Survey (1994); the have experience in evaluation, with populations by partnering with National Survey of Men (1993); the emphasis on areas such as organization, community-based organizations and Survey of Adolescent Males (1988, program planning, curriculum others that have a stake in the 1995); and the National Longitudinal development and utilization, and the prevention of unintended pregnancy; Study of Adolescent Health effectiveness of various types of • Expansion of comprehensiveness of (AddHEALTH). Examples of research electronic technology for training. reproductive health services, including efforts currently under way include: (1) The training grantee will be required STD and cancer screening and A male sample in the upcoming (2001) to design, deliver and evaluate training prevention, HIV prevention, education cycle of the National Survey of Family for personnel in OFP-funded family and counseling, and substance abuse Growth, and (2) a study by the Urban planning services projects that focuses screening and referral; Institute addressing reproductive health on the reproductive health needs of • Increased services to males, needs for young men. males. The training grantee will also emphasizing shared responsibility for It is clear that training personnel of provide a venue for exchanging preventing unintended pregnancy and agencies that provide family planning/ information with other Title X General STD/HIV infection. reproductive health services to males Training grantees on male reproductive Other key issues that are impacting will require a unique type of health needs and services. the current and future delivery of family organization that will be able to Evidence must be provided to support planning/reproductive health services continuously incorporate science-based the applicant’s capability for providing include: (1) Medicaid waivers and information as it becomes available in training on core organizational managed care; (2) implications of all phases of training design, delivery infrastructure components that are welfare reform and other issues that are and evaluation. needed to operate a health-related or affecting family planning services, such This announcement seeks to fund a public health program within a larger as Temporary Assistance to Needy training program that will use science- service organization. For the purpose of Families (TANF) and the Children’s based information and approaches in all this announcement, example of core Health Insurance Program (CHIP) as aspects of training Title X service organizational infrastructure well as other Federal and State grantee employees, to facilitate the components may include program initiatives; (3) electronic technology; (4) effective delivery of family planning/ planning, administration, research findings; and (5) legislative reproductive health related information implementation and evaluation. The mandates, such as counseling teens on and services to males. In addition, the diversity of training needs will involving families and avoiding funded training program will provide necessitate the use of electronic coercive sexual relationships. training consultation to a variety of Title technologies as an integral part of Project Requirements and Management: X providers, including other Title X training and evaluation design. training grantees, regarding family The training plan should reflect the The successful applicant will be planning/reproductive health for males. applicant’s ability to incorporate public required to work closely with the OFP The purpose of this training program is health initiatives in training plan Project Officer, the ten PHS regional to ensure that programs serving males design, such as Healthy People 2000 offices, and with a network of other have the skills, knowledge and abilities health promotion and disease public and private institutions and necessary for effectively planning, prevention objectives for family entities in its training program. All implementing and evaluating their planning, and the U.S. Department of training must meet the applicable programs. Health and Human Services (DHHS) requirements of the Title X statute and training regulations and be consistent Role and Operation of the Training priorities of assuring a healthy start for with the Title X program priorities Program every child by increasing the proportion of pregnancies that are intended, listed above. The training plans and all Under the regulations set out at 42 promoting personal responsibility for training events must be approved by the CFR part 59, subpart C, ‘‘training’’ is healthy lifestyles, and addressing the OFP Project Officer or designee prior to defined as ‘‘job-specific skill elimination of racial and ethnic implementation. development, the purpose of which is to disparities in health as identified by the The successful applicant will be promote and improve the delivery of President’s Initiative on Race. responsible for the overall management family planning services.’’ The program The Title X family planning program of training activities for which the grant funded under this announcement will priorities complement the DHHS is made. This responsibility includes: be responsible for providing training to priorities and focus on the fundamental (1) In collaboration with the OFP personnel working in family planning purpose of Title X. The Title X program Project Officer, designing, service agencies that provide family priorities and other key issues that are implementing, and evaluating a training planning/reproductive health impacting family planning should be program which incorporates the use of information and services specifically integrated into the training plan. science-based research and evaluation, targeted to males. The Title X program priorities are client input, and various training The successful applicant must have listed below: methodologies, such as the use of extensive experience working with • Expansion and enhancement of the electronic technologies. The training males and male-oriented organizations, quality of clinical reproductive health program must be implemented within and with delivering training and other services through partnerships with 120 days after the initial notice of grant services to males. Evidence that entities that have related interest and award and should budget for the substantiates a history of the applicant’s that work with similar priority following: provision of services that are both populations; (a) Two one-week on-site training relevant and sensitive to ethnic and • Increased emphasis on services to sessions for up to 40 participants each; cultural diversity must be provided. The adolescents, including emphasis on the training grantee will assume all

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.108 pfrm08 PsN: 03SEN1 48400 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices costs associated with training, including application kit in order to be considered need for family planning services. (5 room and board (but not including complete. Applicants are required to points); travel to and from training site or submit an application signed by an (2) The extent of which the proposed personal expenses); individual authorized to act for the training program promises to fulfill the (b) A minimum of thirty one-day applicant agency or organization and to family planning services delivery needs training sessions on various topics. assume for the organization the of the area to be served, as evidenced by Sessions may be on-site or off-site, and obligations imposed by the terms and the applicant’s ability to address: (a) electronic technology may be used. The conditions of the grant award. requirements set our under ‘‘Role and training grantee is not responsible for Applicants are required to submit an Operation of the Training Program;’’ (b) trainee expenses for these one-day original application and two copies. development of a capability within sessions; A copy of the Title X legislation and family planning services projects with a (2) Maintaining a system for ongoing regulations that govern this program male-services component to provide retrieval and dissemination of public will be sent to applicants as part of the pre- and in-service training to their own health information and research application kit package. Copies of the staffs; and (c) improvement of the family findings related to male-productive Healthy People 2000 Objectives for planning/reproductive health skills of health from a variety of public and Family Planning and the DHHS personnel in family planning services private institutions and entities; documents on Racial and Ethnic project that have a make-services (3) Maintaining a system for providing Disparities in Health will also be sent as component. (25 points); ongoing science-based information to part of the application kit package. (3) The capacity of the applicant to family planning service projects, and Applicants should use the legislation, make rapid and effective use of the other providers serving the target regulations and other information training grant, as evidence by the population; included in the application kit for this applicant’s ability to implement the (4) Maintaining formal working announcement to guide them in training program within 120 days of relationships with multiple disciplines developing their applications. receiving the grant. (5 points); within public and private institutions Applications should be limited to 50 (4) The administrative and for carrying out the objectives of the double-spaced pages, not including management capability and competence training program; appendices providing curriculum vitae, of the applicant. (10 points); (5) Developing a working relationship training designs, or statements of (5) The competence of the project staff with current Title X service and training organizational capabilities. An award in relation to the services to be grantees that promotes the inclusion of will be made only to an applicant who provided, including the applicant’s male reproductive health needs and has met all applicable requirements. history of male-focused research, services; Applications must be received on or training and services to males, and the (6) Developing admissions policies before the deadline date to be accepted ability to document relevant previous and procedures, and criteria for for review. An application received after experience and formal linkages with selection of candidates for training. the deadline may be acceptable if it public and private entities that have a Criteria should reflect a sensitivity to carries a legible proof-of-mailing date specific focus on males (e.g., the unique needs or grantees or trainees assigned by the carrier and the proof-of- universities with an array of relevant for certain types of training. These mailing date is not later than one week disciplines, research institutions, policies and procedures must be prior to the deadline date. Private federal and/or state program). (30 submitted to the OFP Project Officer for metered postmarks will not be accepted points); and review and approval within 120 days as proof of timely mailing. Applications (6) The degree to which the project after the initial notice of grant award; which are received by the Office of plan adequately provides for the (7) Developing and implementing an Grants Management after the deadline requirements set forth in 42 CFR 59.205, ongoing evaluation plan for the total will not be accepted for review. including the applicant’s presentation of training program that allows for Applications which do not conform to the project’s objective, the methods for evaluation of each training program the requirements of this program achieving project objectives, the ability component; announcement or meet the applicable to involve providers and the results or (8) Providing semi-annual progress parts of 42 CFR part 59, subpart C, will benefits expected. (25 points). reports of OFP covering all aspects of not be accepted for review. Applicants In making grant award decisions, the the training program; will be so notified and applications will Deputy Assistant Secretary for (9) Making available at cost all be returned. Population Affairs (DASPA) will fund materials developed with Title X funds Accepted applications will be one project which will, in her judgment, to other Title X projects upon request; subjected to a competitive review best promote the purposes of section and process. The results of this review will 1003 of the Act, within the limits of (10) Participating in at least two assist the Deputy Assistant Secretary for funds available for such project. meetings with the Office of Family Population Affairs in considering The grant will be available for a Planing annually. competing applications and in making project period of up to three years and Application Requirements: Any the final funding decision. will be funded in annual increments public or private nonprofit organization Application Consideration and (budget periods). Funding for all is eligible to apply for a grant. An award Assessment: Eligible competing grant approved budget periods beyond the will be made only to an organization or applications will be reviewed by a first year of the grant is contingent upon agency which has demonstrated the multidisciplinary panel of independent satisfactory progress of the project, capability of providing the proposed reviewers and will be assessed against efficient and effective use of grant funds services, and which has met all the following criteria: provided, and the availability of funds. applicable requirements. (1) The extent to which the proposed Review Under Executive Order 12372: Applications must be submitted on training program will increase the Applicants under this announcement the form PHS–5161–1, Revised 6/99 ability of family planning services are subject to the requirements of (http://forms.psc.gov/phsforms.htm) projects to deliver services primarily to Executive Order 12372, and in the manner prescribed in the males with a high percentage of unmet ‘‘Intergovernmental Review of Federal

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Programs,’’ as implemented by 45 CFR DEPARTMENT OF HEALTH AND requirements for all viable part 100, ‘‘Intergovernmental Review of HUMAN SERVICES microorganisms, illustrates the Department of Health and Human appropriate shipping label, and Services Programs and Activities.’’ As Centers for Disease Control and provides reporting instructions soon as possible, the applicant should Prevention regarding damaged packages and failure discuss the project with the State Single [INFO±99±33] to receive a shipment. In recent years Point of Contact (SPOC) for the state in the threat of illegitimate use of which the applicant is located. The Proposed Data Collections Submitted infectious agents has attracted application kit contains the currently for Public Comment and increasing interest from the perspective available listing of the SPOCs which Recommendations of public health. CDC is concerned have elected to be informed of the about the possibility that the interstate In compliance with the requirement transportation of certain infectious submission of applications. For those of section 3506(c)(2)(A) of the states not represented on the listing, agents could have adverse consequences Paperwork Reduction Act of 1995 for for human health and safety. CDC has further inquiries should be made by the opportunity for public comment on applicant regarding the submission to already requested that all those entities proposed data collection projects, the that ship dangerous human infectious the relevant SPOC. The SPOC’s Centers for Disease Control and agents exercise increased vigilance prior comment(s) should be forwarded to the Prevention (CDC) will publish periodic to shipment to minimize the risk of Office of Grants Management, Office of summaries of proposed projects. To illicit access to infectious agents. Of Population Affairs, 4350 East-West request more information on the special concern are pathogens and Highway, Suite 200, Bethesda, proposed projects or to obtain a copy of toxins causing anthrax, botulism the data collection plans and Maryland 20814. Such comments must brucellosis, plague, Q fever, tularemia, instruments, call the CDC Reports be received by the Office of Population and all agents classified for work at Affairs within 60 days of the closing Clearance Officer on (404) 639–7090. Comments are invited on: (a) Whether Biosafety Level 4. This information date of this announcement, listed under collection ensures that selected DATES above. the proposed collection of information is necessary for the proper performance infectious agents are not shipped to When final funding decisions have of the functions of the agency, including parties ill-equipped to handle them been made, each applicant will be whether the information shall have appropriately, or who do not have notified by letter of the outcome. The practical utility; (b) the accuracy of the legitimate reasons to use them and to official document notifying an applicant agency’s estimate of the burden of the implement a system whereby scientists that a project application has been proposed collection of information; (c) and researchers involved in legitimate approved for funding is the Notice of ways to enhance the quality, utility, and research may continue transferring and Grant Award, which specifies to the clarity of the information to be receiving these agents without undue grantee the amount of money awarded, collected; and (d) ways to minimize the burdens. Respondents include the purposes of the grant, and terms and burden of the collection of information laboratory facilities such as those conditions of the grant award. on respondents, including through the operated by government agencies, use of automated collection techniques universities, research institutions, and Dated: August 30, 1999. for other forms of information commercial entities. This request is for Denese O. Shervington, technology. Send comments to Seleda the information collection requirements Deputy Assistant Secretary for Population Perryman, CDC Assistant Reports contained in 42 CFR 71.54, 72.3(e) and Affairs. Clearance Officer, 1600 Clifton Road, 72.4 relating to the importation and [FR Doc. 99–22945 Filed 9–2–99; 8:45 am] MS–D24, Atlanta, GA 30333. Written shipment of etiologic agents. The BILLING CODE 4160±17±M comments should be received within 60 complete request for clearance is days of this notice. currently under development at CDC and this request for a 6-month extension Proposed Project will ensure that data collection 1. Interstate shipment of etiologic activities remain in effect through the agents are regulated by 42 CFR part 7. clearance process. The total maximum This rule establishes minimal packaging cost to respondents is $1,000,000.

Number of Average bur- CFR section Number of responses/re- den/responses Total burden respondents spondents (in hrs.) (in hrs.)

Application for Permit ...... 1,000 1 20/60 333 72.3(3) ...... 50 1 3/60 3 72.4 ...... 2 1 3/60 1 72.6 (a) ...... 1,000 1 15/60 250 72.6 (d) ...... 1,000 3 30/60 1,500 72.6 (e) ...... 120 21 10/60 420 72.6 (f) ...... 1,000 3 8/60 400

Total ...... 2,907

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Dated: August 30, 1999. technology’’ (ART) as ‘‘all treatments or II. Description of Reporting Process . .. Nancy Cheal, procedures which include the handling describes the reporting system and process Acting Associate Director for Policy Planning of human oocytes or embryos, including for reporting by each ART clinic. III. Data to be Reported . . . describes the and Evaluation, Centers for Disease Control in vitro fertilization, gamete data items and definitions to be included and Prevention. intrafallopian transfer, zygote in the reporting database. [FR Doc. 99–22986 Filed 9–2–99; 8:45 am] intrafallopian transfer, and such other IV. Content of the Published Report . .. BILLING CODE 4163±18±P specific technologies as the Secretary describes terms, and how pregnancy may include in this definition, after success rates will be defined and reported, making public any proposed definition and outlines the topics that will be DEPARTMENT OF HEALTH AND in such manner as to facilitate comment included in the annual published reports, HUMAN SERVICES from any person (including any Federal using the data collected in the reporting or other public agency). database. Centers for Disease Control and The Secretary is directed in Section I. Who Reports Prevention 2b (42 U.S.C. 263a–1(b)) to define pregnancy success rates and ‘‘make The Fertility Clinic Success Rate and Draft: Reporting of Pregnancy Success public any proposed definition in such Certification Act of 1992 (FCSRCA) Rates From Assisted Reproductive a manner as to facilitate comment from requires that each assisted reproductive Technology Programs any person during its development.’’ technology program shall annually report to the Secretary of the AGENCY: Centers for Disease Control and Section 2c (42 U.S.C. 263a–1(c)) states, ‘‘the Secretary shall consult with Department of Health and Human Prevention (CDC), Department of Health Services through the CDC. and Human Services (DHHS). appropriate consumer and professional organizations with expertise in using, The Society for Assisted Reproductive ACTION: Request for comments. providing, and evaluating professional Technology (SART), an affiliate of the American Society for Reproductive SUMMARY: This notice is a request for services and embryo laboratories comment and review of the draft associated with assisted reproductive Medicine (ASRM), maintains a national document for the Reporting of technologies.’’ database of cycle specific data reported Pregnancy Success Rates from Assisted Section 6 (42 U.S.C. 263a–5) states by each of its members. CDC has Reproductive Technology Programs as that the Secretary, through the CDC, reviewed the SART reporting database required by the Fertility Clinic Success shall annually ‘‘publish and distribute and system and finds that it provides Rate and Certification Act of 1992 to the States and the public—pregnancy the necessary information to publish an (FCSRCA). This Announcement success rates reported to the Secretary annual report as required by the supersedes, Announcement 97–226611 under section 2(a)(1) and, in the case of FCSRCA. Rather than duplicate SART’s which was published in the Federal an assisted reproductive technology reporting system, and thereby burden Register, August 26, 1997 (vol 62, no. program which failed to report one or ART clinics and patients, CDC has 165). more success rates as required under contracted with SART to annually each section, the name of each such obtain a copy of their clinic specific DATES: To ensure consideration, written program and each pregnancy success database. comments on this document must be rate which the program failed to report.’’ An ART program or clinic is defined received on or before October 4, 1999. In developing the definition of as a legal entity practicing under State Please do not FAX comments. pregnancy success rates, CDC has law, recognizable to the consumer, that ADDRESSES: Comments shall be consulted with representatives of the provides assisted reproductive submitted to: Assisted Reproduction Society for Assisted Reproductive technology to couples who have Technology Epidemiology Unit, Technology (a national professional experienced infertility or are undergoing Women’s Health and Fertility Branch, association of ART clinical programs), ART for other reasons. This can be an Division of Reproductive Health, the American Society for Reproductive individual physician or a group of National Center for Chronic Disease Medicine (a national society of physicians who practice together and Prevention and Health Promotion, professional individuals who work with share resources and liability. This Centers for Disease Control and infertility issues), and RESOLVE, the definition precludes individual Prevention (CDC), Mailstop K–34, 4770 National Infertility Association (a physicians who practice independently Buford Hwy, N.E., Atlanta, Georgia national, nonprofit consumer from pooling their results for purposes 30341–3724. organization), as well as a variety of of data reporting. FOR FURTHER INFORMATION CONTACT: individuals with expertise and interest ART clinics that are participating in Assisted Reproductive Technology in this field. the ASRM/SART reporting system as Epidemiology Unit at (770) 488–5250. This notice provides opportunity for described in this notice, will be SUPPLEMENTARY INFORMATION: Section public review and comment (see considered to be in compliance with 2(a) of Pub. L. 102–493 (42 U.S.C. 263a– appendix). federal reporting requirements of 1(a)) requires that each assisted Dated: August 27, 1999. FCSRCA. Both SART and non-SART reproductive technology (ART) program Joseph R. Carter, clinics shall contact SART for reporting shall annually report to the Secretary Associate Director for Management and information, instructions, and fees through the Centers for Disease Control Operations, Centers for Disease Control and charged (fees are for the purposes of and Prevention—(1) pregnancy success Prevention (CDC). covering all cost associated with this rates achieved by such ART program, activity, including data collection, and (2) the identity of each embryo Appendix—Notice for the Reporting of processing, analysis, publication, and laboratory used by such ART program Pregnancy Success Rates From Assisted administration; additional fees may be and whether the laboratory is certified Reproductive Technology Programs charged if SART needs to provide or has applied for such certification Introduction technical assistance to clinics under this act. This notice includes four sections: submitting a dataset with errors.) It is Pub. L. 102–493, Sec. 8 (42 U.S.C. I. Who Reports . . . describes who shall the responsibility of the practice 263a–7) defines ‘‘Assisted reproductive report to CDC. director of each clinic performing ART

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.215 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48403 to provide notification to SART of the medical director of the clinic, the clinic review by appropriate professionals clinic’s existence and any changes in table by the same deadline. from outside the clinic staff. This review address, location, or change in key staff Each year, SART will issue a unique may include but not be limited to including the practice, medical and lab clinic code, required computer software examination of medical and laboratory director. Contact SART, telephone: (205) for their database reporting system, and records and comparison of data in the 978–5000, ext. 109 all necessary reporting instructions at reporting database with data in the The anticipated deadline for reporting least 90 days in advance of the reporting medical record. CDC has contracted is January 15 of the year 2 years deadline. with SART to perform the validation subsequent to the reporting year in Currently, each patient receiving ART site visits. question. (For example, the anticipated in a clinic is registered in the system C. Updating of Reporting Requirements deadline to report data on cycles with a unique, clinic-assigned code and initiated in 1998 is January 15, 2000.) should be entered into the reporting The field of ART is a rapidly The deadline will be published in database when her cycle is initiated. developing medical science. These Fertility and Sterility at least 90 days Each cycle of each patient also receives reporting requirements will be prior to the deadline. SART in a unique cycle code for that patient. In periodically reviewed and updated as conjunction with CDC may change the the reporting system, the patient is new knowledge concerning ART deadline if needed. identified by the clinic code, the patient methods and techniques becomes An ART clinic will be considered to code, and the cycle code assigned by the available. Such review will include not be in compliance with the federal clinic. The patient’s name or other consultation with professional and reporting requirements of FCSRCA if the specific personal identifiers are not consumer groups and individuals. clinic was in operation in the full year included in the reporting database. Clinics will be notified in writing at reported on, i.e. the clinic was in However, each clinic must maintain least 90 days in advance of the reporting operation after January 1, and failed to personal identifiers in the clinic deadline of all changes to the reporting (a) submit a dataset to SART in the database on site in order to be able to requirements. link every cycle reported to CDC to a required software by the reporting III. Data to be Reported deadline or (b) verify by signature of the specific patient (see below). medical director of the clinic, the clinic The following patients must be The 1999 reporting system will table by the same deadline. included in the reporting database: (1) include the following: All women undergoing ART, (2) all The onus is on the clinic to confirm A. Clinic Information that SART has received the dataset. It is women undergoing ovarian stimulation recommended that the clinic submit or monitoring with the intention of Clinic name & address their data to SART as early as it is undergoing ART; this includes women Unique clinic ID number available so that any errors or reporting whose cycles are canceled for any Name(s) of embryo laboratory(s) used by difficulties can be reconciled and reason (3) all women providing donor clinic verified before the reporting deadline oocytes, (4) all women undergoing Whether the laboratory is certified by a which will be inflexible. In this respect, monitoring and/or an embryo thawing SART and CDC accepted certification it would be prudent to submit data to with the intention of transferring entity Whether the clinic is a member of SART SART at least 30 days in advance of the cryopreserved embryos. Whether ART services are available for reporting deadline because errors or It is anticipated that the reporting single women other problems in reporting may take up system may evolve such that data may Whether ART services include to 30 days to resolve. If problems cannot be collected prospectively, i.e. data submission will be required as cycles gestational carriers be resolved by the inflexible deadline of Whether the clinic has a donor egg January 15, the clinic will be considered are initiated. (Currently data submission for all cycles is required at one time program and if yes, if eggs from a a non-reporter. single donor are shared by multiple SART in conjunction with CDC will only.) Clinics will be provided at least recipients determine error rates for data submitted 90 days advance notice of this or other changes in reporting requirements. Total number of ART cycles performed by clinics and if data quality are deemed during the reporting year unsatisfactory, this finding may be The CDC retains a copy of each of published. Additionally, the program SART’s annual data files. These will be B. Patient Information maintained by CDC to be used for may be required to submit data 30 days 1. Patient Demographic Information prior to the deadline for the next epidemiologic analysis and for the reporting year. This requirement will purpose of publishing an annual report Ethnicity allow for sufficient time to correct errors as required by the law that includes Date of Birth prior to the deadline for publication of national summary and clinic specific U.S. Resident the annual report. As noted earlier, information. Zip Code additional fees may be charged if SART B. External Validation of Clinic Data City of Residence needs to provide technical assistance to State of Residence Every clinic will maintain a copy of Country of Residence (if not U.S.) clinics submitting a dataset with errors. all information included in the II. Description of Reporting Process reporting database and must be able to 2. Patient History link each patient, cycle and oocyte Gravidity A. Reporting activities retrieved from the reporting database to Prior Full Term Births SART in conjunction with CDC will the appropriate medical and laboratory Prior Preterm Births determine the required software for data records for external validation activities. Prior Spontaneous Abortions submission. As noted above to be in On a periodic basis, all ART clinical Surgical Sterilization—Patient or compliance with the law, a clinic must programs reporting their data (both Partner submit a dataset to SART in the SART and non-SART clinics) will be Months of Infertility Since Last Live required software by the reporting subject to external validation of their birth (if couple is not surgically deadline and verify by signature of the reporting activities which will include sterile)

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Prior non-ART Gonadotropin Cycles Semen Source procedures which include the handling Prior Thawed ART Cycles (Partner, Donor, Mixed) of human oocytes and sperm or embryos Prior Fresh ART Cycles Semen Collection Method for the purpose of establishing a Patient Maximum Follicle Stimulating (Ejaculation, Epididymal Aspiration, pregnancy. This includes, but is not Hormone (FSH) Level and Lab Upper Testicular Biopsy, limited to in vitro fertilization and Normal Limit for that FSH level Electroejaculation, Retrograde transcervical embryo transfer, gamete Patient Maximum Estradiol Level and Ejaculation) intrafallopian transfer, zygote Lab Upper Normal Limit for that Use of Intracytoplasmic Sperm Injection intrafallopian transfer, tubal embryo Estradiol Level Use of Assisted Hatching transfer, embryo cryopreservation, Was Oocyte or Embryo Transfer oocyte or embryo donation, and 3. ART Cycle Information Attempted? gestational surrogacy. ART does not Reason(s) for ART Transfer Date include assisted insemination using (Male Infertility, Endometriosis, Tubal Number of Fresh Embryos Transferred sperm from either a woman’s partner or Factor, Ovulatory Disorder/ to Uterus sperm donor. Polycystic Ovaries, Diminished Number of Fresh Embryos Transferred ART cycle—ART Cycles can be Ovarian Reserve, Uterine Factor, to Fallopian Tubes stimulated (use of ovulation induction) Other, Unexplained Infertility) Number of Oocytes Transferred to or unstimulated (natural cycle). An ART Cycle Start Date Fallopian Tubes cycle is considered any cycle in which Suppression with Gonadotropin Number of Fresh Embryos (1) ART has been used; (2) the woman Releasing Hormone Analog (GnRHa) Cryopreserved has undergone ovarian stimulation or Ovarian Stimulation Medications Given Number of Thawed Embryos monitoring (i.e. performance of to Patient (Clomiphene, FSH, Flare Transferred to Uterus sonogram, serum estradiol or LH GnRHa) and Dosages Number of Thawed Embryos measurements) with the intent of Medications Given to Oocyte Donor and Transferred to Fallopian Tubes undergoing ART; (3) in the case of Dosages Number of Thawed Embryos Re-Frozen donor oocytes, a woman began Intended ART Cycle Treatment medication for endometrial preparation 4. Outcome Information Specifics: with the intent of undergoing ART; or Oocyte Source Outcome of Treatment (4) in the case of cryopreserved (patient [autologous], donor oocyte, (Not Pregnant, Biochemical embryos, a woman began medication for donor embryo) Pregnancy, Ectopic Pregnancy, endometrial preparation with the intent Oocyte/Embryo State Clinical Intrauterine Gestation, of undergoing ART and/or embryos (fresh, thawed) Heterotopic Pregnancy, Unknown) were thawed with the intent of transfer. Intended Transfer Method(s) Was an Ultrasound Performed? ART program or clinic—A legal entity (In Vitro Fertilization (transcervical Ultrasound Date practicing under state law, recognizable transfer); Gamete Intrafallopian Maximum Number of Fetal Hearts to the consumer, that provides assisted Transfer; Zygote Intrafallopian Observed on Ultrasound reproductive technology to couples who Transfer/Tubal Embryo Transfer) Was a Therapeutic Fetal Reduction have experienced infertility or are Use of Gestational Carrier Performed? undergoing ART for other reasons. This Cycle Initiated for Embryo Banking Therapeutic Reduction Date can be an individual physician or a Only Outcome of Pregnancy group of physicians who practice Cycle Meeting SART Criteria for (Live birth, Stillbirth, Spontaneous together, and share resources and Approved Research Abortion, Therapeutic Abortion, liability. This definition precludes Did the Cycle Occur as Intended? Maternal Death Prior to Birth, individual physicians who practice Was the Cycle Canceled? Unknown) independently from pooling their Date of Cancellation Date of Pregnancy Outcome results for purposes of data reporting. Reason for Cancellation Source of Information for Outcome of ASRM—American Society for (Low Ovarian Response, High Ovarian Pregnancy Reproductive Medicine. Response, Failure to Survive Thaw, (Verbal Confirmation Patient, Written Autologous cycle—Intent to transfer Inadequate Endometrial Response, Confirmation Patient, Verbal embryos derived from patient oocytes Concurrent Illness, Patient Confirmation Physician or Hospital, fertilized with either partner or donor Withdrawal from Treatment) Written Confirmation Physician or sperm OR in cases of GIFT, patient Complications Related to ART Hospital) oocytes transferred with either partner Treatment Number of Infants Born or donor sperm. (Infection, Hemorrhage, Moderate Birth weight for Each Live-born and Birth defect—Anomalies diagnosed Ovarian Hyperstimulation Stillborn Infant within the first two weeks of life that Syndrome, Severe Ovarian Birth Defects Diagnosed for Each Live- result in death or cause a serious Hyperstimulation Syndrome, born and Stillborn Infant disability requiring surgical and/or Medication Side Effect, Anaesthetic (Genetic Defect/Chromosomal medical therapy. Specific anomalies to Complication, Psychological Stress, Abnormality, Cleft Lip or Palate, be identified include genetic defect/ Death, Other Complication) Neural Tube Defect, Cardiac Defect, chromosomal abnormality, cleft lip or Hospitalization for ART Complication Limb Defect, Other Defect) palate, neural tube defect, cardiac Date of Oocyte Retrieval (from patient Neonatal Death of Live-born Infants defect, limb defect, or other defect. and/or from donor) Biochemical pregnancy—A positive C. Definitions Number of Oocytes Retrieved (both from pregnancy test (Beta-hCG) without patient and/or from donor) The following definitions provide ultrasound confirmation of a gestational Were Oocytes Derived from the Donor clarification for data included in the sac within the uterus. Used by More Than One Recipient? 1999 (and later) reporting system: Canceled cycle—An ART cycle in Number of Embryos Thawed for ART—Assisted reproductive which ovarian stimulation or Transfer in a Frozen Cycle technology, defined as all treatments or monitoring has been carried out with

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Fresh oocyte or embryo cycle—Intent illness; patient withdrawal from Donor oocyte cycle—Intent to transfer to transfer oocytes, or embryos derived treatment. oocytes, or embryos derived from from oocytes, retrieved during the Clinic ID number—An identification oocytes, that were retrieved from a current cycle [either from the patient or number assigned to each ART clinical woman serving as an oocyte donor donor], i.e. not thawed embryos program by the reporting database (sperm source may be either the retrieved during a previous cycle. operator. patient’s partner or a sperm donor FSH—Follicle stimulating hormone. Clinical pregnancy/Clinical selected by the patient). A gonadotropin hormone produced and intrauterine gestation—An ultrasound- Ectopic pregnancy—A pregnancy in released from the pituitary that confirmed gestational sac within the which the fertilized egg implants stimulates the ovary to ripen a follicle uterus or the documented occurrence of outside the uterine cavity. for ovulation. An elevated serum FSH a birth, spontaneous abortion, or Embryo—The normally (2 pronuclei) level in the early follicular phase of a therapeutic abortion in cases of missing fertilized egg that has undergone one or woman’s menstrual cycle (day 2, 3, or ultrasound data. Clinical pregnancies more divisions. 4) or during a clomiphene challenge test include all gestational sacs regardless of Embryo banking cycle—A cycle (day 10 of the cycle) may indicate whether or not a heartbeat is observed initiated with the intent of diminished ovarian reserve. FSH, either or a fetal pole is established. This cryopreserving all fertilized embryos for alone or with luteinizing hormone (LH), definition excludes ectopic pregnancy later use. (This does not apply to cycles is also included in gonadotropin drug but includes pregnancies which end in initiated with the intent to transfer preparations used to stimulate follicular live birth, stillbirth, spontaneous embryos but for which all embryos were development during an ART cycle. abortions, and therapeutic abortions. subsequently cryopreserved regardless Full term birth—A birth which Clomiphene citrate—An ovulation of the reason.) reached 37 completed weeks gestation. Embryo transfer—Attempt to induction medication with the trade This includes both live births and introduce embryos into a woman’s name of Clomid or SeroPhene. stillbirths. For the purpose of reporting uterus after in vitro fertilization or Complication—A medical prior full term births, births are counted attempt to introduce embryos or complication for the woman related to as birth events (e.g., a triplet birth is gametes (oocytes and sperm) into a ART procedures. Specific complications counted as one). woman’s fallopian tubes; a transfer to be identified include infection, Gamete intrafallopian transfer procedure is considered to have been hemorrhage, moderate ovarian (GIFT)—An ART procedure that carried out, even if no embryos or hyperstimulation syndrome, severe involves removing oocytes from a gametes were successfully transferred. ovarian hyperstimulation syndrome, Endometriosis —The presence of woman’s ovary, combining them with medication side effect, anaesthetic tissue resembling endometrium in sperm, and immediately transferring complication, psychological stress locations outside the uterus such as the (via a catheter) the eggs and sperm into requiring intervention, and death. ovaries, fallopian tubes, and abdominal the fallopian tube. Fertilization takes Cryopreservation—A technique used cavity; a history of all stages of place inside the fallopian tube. in ART to preserve sperm and embryos endometriosis (minimal to severe) GnRHa—Gonadotropin-releasing through freezing. whether treated or not may be a reason hormone analog (agonist or antagonist); Cycle start date (cycle initiation for ART. medications used to suppress natural date)—The cycle start date is (1) the first Endometrium—the lining of the FSH production to allow greater control day that medication to stimulate uterus that is shed each month as the when using follicle stimulation follicular development is given to a menstrual period. As the monthly cycle medications. patient in a stimulated fresh, non-donor progresses, the endometrium thickens Gestational carrier (sometimes cycle; or (2) the first day of natural and thus provides a nourishing site for referred to as a gestational surrogate)— menses or withdrawal bleeding in an the implantation of a fertilized egg. A woman who gestates an embryo unstimulated cycle; or (3) the first day Estradiol (E2)—the predominant which did not develop from her egg the recipient (patient or gestational estrogen hormone produced by the with the expectation of returning the carrier) receives exogenous sex steroids ovary that has several activities infant to its intended parents. to prepare the endometrium in a fresh important for reproduction. An elevated Gestational sac—A fluid-filled donor cycle; or (4) the first day the serum Estradiol level in the early structure surrounding an embryo that recipient (patient or gestational carrier) follicular phase of a woman’s menstrual develops within the uterus early in receives exogenous sex steroids to cycle (day 2, 3, or 4) may indicate pregnancy. prepare the endometrium in a thawed diminished ovarian reserve. Gonadotropin—hormones having a embryo cycle. Fecundity—the ability to conceive. stimulating effect on the gonads (ovaries Diminished ovarian reserve— A Fertilization—The penetration of the and testes). Two such hormones are condition of reduced fecundity related egg by the sperm and fusion of genetic secreted by the anterior pituitary: to diminished ovarian function; materials to result in the development of follicle stimulating hormone (FSH) and includes high FSH or high estradiol a fertilized egg (or zygote). luteinizing hormone (LH). measured in the early follicular phase or Fetus—the developmental stage Gonadotropins (FSH, either alone or during a clomiphene challenge test, during pregnancy from the completion with LH), are also included in drug reduced ovarian volume related to of embryonic development at eight preparations used to stimulate follicular congenital, medical, surgical or other weeks of gestation until delivery. development during an ART cycle.

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Gravidity—Total number of prior all parental rights to any resulting ectopic, or clinical intrauterine gestation pregnancies a woman has had. This offspring, while the recipient woman (normally developing pregnancy). includes ectopic pregnancies, and retains all parental rights of any Preterm birth—Birth at least 20 but pregnancies that ended in therapeutic resulting offspring. less than 37 completed weeks gestation. abortion, spontaneous abortion, Oocyte retrieval—A procedure to This includes both live births and stillbirth, or live birth. collect the eggs contained within the stillbirths. For the purposes of reporting Hatching (Assisted)—A ovarian follicles. This definition prior preterm births, births are counted micromanipulation technique which includes procedures in which oocyte as birth events (e.g. a triplet birth is involves making a small opening in the recovery was attempted but not counted as one). zona wall of the embryo in an effort to successful. Recipient—In an ART cycle, the enhance implantation; various methods Oocyte transfer—In GIFT (see woman in whom embryos or oocytes are of assisted hatching have been utilized definition), transfer of retrieved eggs transferred; includes the female patient including chemical, laser, and into a woman’s fallopian tubes. Includes or a gestational carrier (host uterus) for mechanical methods. attempted transfers, whether or not the the patient. Heterotopic pregnancy—A clinical transfer was successful. SART—Society for Assisted intrauterine gestation in combination Ovarian monitoring—Monitoring the Reproductive Technology. with an ectopic pregnancy. development of ovarian follicles by Semen—Fluid discharged at Hydrosalpinx—Accumulation of ultrasound and/or blood or urine tests. ejaculation in the male, consisting of watery fluid in a fallopian tube which Ovarian stimulation—Use of one or spermatozoa in their nutrient plasma usually represents damage to the tube. more follicle stimulation medications to which includes secretions from the Hypothalamus—A gland at the base of stimulate the ovary to develop follicles prostate, seminal vesicles, and various the brain that controls many functions and oocytes. other glands. of the body, regulates the pituitary Ovarian hyperstimulation Sperm—The male reproductive cell gland, and releases gonadotropin syndrome—A possible complication that has completed the process of releasing hormone (GnRH). related to medically induced ovulation. meiosis and morphological Insemination—Injection of sperm into Moderate ovarian hyperstimulation differentiation. the uterus or cervix for the purpose of Sperm donor—A man providing syndrome is characterized by abdominal producing a pregnancy. Insemination sperm for the fertilization of oocytes of distension and discomfort as well as cycles are not considered ART for the a woman other than his sexual partner. nausea, vomiting and/or diarrhea; purposes of this notice. Spontaneous abortion (miscarriage)— ovaries enlarged 5–12 cm; and Intracytoplasmic sperm injection A clinical pregnancy ending in ultrasound evidence of ascites. Severe (ICSI)—The placement of a single sperm spontaneous loss of the entire ovarian hyperstimulation syndrome is into the ooplasm of an oocyte by micro- pregnancy prior to completion of 20 characterized by features of moderate operative techniques. weeks of gestation (or 18 weeks from the In vitro fertilization (IVF)—A method ovarian hyperstimulation PLUS: clinical date of transfer if the pregnancy was of assisted reproduction that involves evidence of ascites (fluid in the achieved using ART). removing oocytes from a woman’s abdominal cavity) and/or hydrothorax Stillbirth—Birth (delivery) at 20 ovaries, combining them with sperm in (fluid in the chest) or breathing weeks of gestation or later (or 18 weeks the laboratory and, after fertilization is difficulties; change in blood volume, or later from the date of transfer if the confirmed, replacing the resulting increased blood viscosity due to pregnancy was achieved using ART) in embryo into the woman’s uterus. hemoconcentration, coagulation which no fetus showed signs of life after Live birth—A birth (delivery) in abnormalities, and diminished kidney the complete expulsion or extraction which at least one fetus was live born, perfusion and function. from the mother. Stillbirths are counted i.e. showed signs of life after the Ovulatory disorder/polycystic ovaries as birth events (e.g. a triplet stillbirth is complete expulsion or extraction from (PCO)—One or more disorders causing counted as one). its mother. Signs of life include reduced fecundity that is associated Stimulated cycle—An ART cycle in breathing, beating of the heart, pulsation with structural, anatomic, or functional which a woman receives medication to of the umbilical cord, or definite impairment of one or both ovaries; stimulate follicular development movement of the voluntary muscles. includes multiple ovarian cysts affecting including the use of clomiphene citrate, Any birth event in which an infant fertility; oligo-ovulation (<6 cycles per follicle stimulating hormone (FSH), or shows signs of life should be counted as year); anovulation (of hypothalamic or follicle stimulating hormone and a live birth, regardless of gestational age non-hypothalamic causes). luteinizing hormone (FSH and LH). at birth. Live births are counted as birth Ovulation induction—See stimulated Surgical sterilization—An operative events (e.g. a triplet live birth is counted cycle. procedure for the purpose of as one). Pituitary—A small gland just beneath termination of fertility without reversal. Male infertility—Infertility due to the hypothalamus in the brain which Surgical sterilization includes tubal abnormal semen parameters or controls other hormone producing ligation, vasectomy and hysterectomy. abnormal sperm function. glands such as the ovaries, thyroid and Thawed cycle—Intent to transfer Neonatal death—Death of a live-born adrenal glands. Ovarian function is embryos that were cryopreserved during infant before completion of the 28th day controlled through the secretion of a previous cycle and will be thawed for of life. follicle stimulating hormone (FSH) and transfer during the current cycle Oocyte—The female reproductive luteinizing hormone (LH) from the (pertains to both donor and non-donor cell, also called an egg. pituitary. embryos). Oocyte donor—A woman who Pregnancy test—A blood test which Therapeutic or induced abortion— undergoes an oocyte retrieval procedure determines the level of human chorionic Operative procedure to electively with the intent of donating the oocytes gonadotropin (hCG), a hormone terminate the entire pregnancy (no retrieved to a couple(s) undergoing an produced by the placenta; if it is gestational age limit). ART donor oocyte cycle (see donor elevated this confirms a pregnancy Therapeutic reduction—A procedure oocyte cycle). The donor relinquishes which may be biochemical only, in which the number of fetal sacs is

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.247 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48407 reduced by direct medical intervention. IV. Content of Published Reports (D) An appendix containing a list of Termination of an ectopic gestation or a The data reported will be used to all reporting clinics and a list of all heterotopic pregnancy is not considered provide a picture of the national rates of clinics that did not report data (See a therapeutic reduction. Therapeutic pregnancy and live birth achieved using above, WHO REPORTS section, for a reduction is used in women with ART as well as clinic-specific live birth full description of clinics that will be multiple gestations, usually three or rates. The annual report will have four considered to not be in compliance with more, to decrease the number of fetuses components: the federal reporting requirements of a woman carries usually to two. (A) A national component which will FCSRCA; such clinics will be listed as Tubal embryo transfer (TET)— provide a comprehensive picture of non-reporters in the published report.) Transfer of an early stage embryo to the success rates given a variety of factors This appendix will contain the names, fallopian tube. including age, reason for ART, type of addresses and telephone numbers for all ART procedure, number of embryos reporting and non-reporting clinics. Tubal factor—A factor causing The entire annual report will be reduced fecundity that is associated transferred etc. This is possible because the large number of cycles at the available to the general public. As with structural, anatomic, or functional resources allow, additional information national level allow accurate statistical injury of one or both fallopian tubes; the may also be published. following are included: (1) tubal reporting of success rates which is not ligation, not reversed; (2) hydrosalpinx possible with the smaller number of [FR Doc. 99–22868 Filed 9–2–99; 8:45 am] (in place); (3) any other tubal disease cycles carried out in individual clinics. BILLING CODE 4160±18±P including but not limited to pelvic or (B) A clinic-specific component peritubal adhesive disease, prior tubal which will provide success rates for all DEPARTMENT OF HEALTH AND surgery, prior ectopic pregnancy, or ART cycles using fresh, non-donor HUMAN SERVICES tubal occlusion (partial or complete embryos, success rates for ART cycles without hydrosalpinx). using thawed embryos, and success rates for ART cycles using donor Centers for Disease Control and Ultrasound—A technique for oocytes or embryos. Success rates will Prevention visualizing the follicles in the ovaries be reported by specific age groups. In Advisory Committee for Energy- and the gestational sac or fetus in the addition, the clinic-specific component uterus, allowing the estimation of size. Related Epidemiologic Research, will provide other information which Subcommittee for Management Review Unexplained infertility—Infertility in may be useful to the consumer such as of the Chernobyl Studies: Meeting which no etiology (male infertility, types of services the clinic offers (e.g. endometriosis, tubal factor, ovulatory gestational surrogacy, single women), In accordance with section 10(a)(2) of disorders/PCO, diminished ovarian the number of cycles carried out, the the Federal Advisory Committee Act reserve, uterine factor or other factors percent distribution of types of ART, the (Pub. L. 92–463), the Centers for Disease such as immunologic, chromosomal, types of infertility problems the clinic Control and Prevention (CDC) cancer chemotherapy or other systemic sees, the frequency of cancellations, the announces the following committee disease) has been identified. average number of embryos transferred meeting. Unstimulated cycle—An ART cycle in per cycle and the percentage of multiple Name: Advisory Committee for Energy- which the woman does not receive pregnancies and births (twins and Related Epidemiologic Research (ACERER), medication to stimulate follicular triplets or greater). Subcommittee for Management Review of the development such as clomiphene citrate Pregnancy and live birth success rates Chernobyl Studies. or follicle stimulating hormone. Instead, will be defined and characterized as Times and Dates: 9 a.m.–5 p.m., September 20, 1999; 9 a.m.–12 Noon, September 21, natural follicular development occurs. described below. For fresh, non-donor cycles success 1999. Uterine factor—A factor causing rates will be defined as— Place: Washington Court Hotel, 525 New reduced fecundity that is associated Jersey Avenue, NW, Washington, DC 20001, 1. The rate of pregnancy after telephone 202/628–2100, fax 202/879–7918. with structural, anatomic, or functional completion of ART according to the injury to the uterus whether repaired or Status: Open to the public, limited only by number of: the space available. The meeting room not; includes septum, myoma, a. All ovarian stimulation or accommodates approximately 30 people. Diethylstilbestrol (DES) exposure, monitoring procedures. Purpose: This subcommittee is charged intrauterine adhesions, congenital 2. The rate of live birth after with providing guidance to the scientific anomalies. completion of ART according to the reviewers and staff, and reporting back to the Zygote—A normal (2 pronuclei) number of: full ACERER on the charge from the fertilized egg before cell division begins. a. All ovarian stimulation or Department and Congress to assess the monitoring procedures. management, goals, and objectives of the Zygote intra fallopian transfer National Cancer Institute (NCI) Chernobyl b. Oocyte retrieval procedures. (ZIFT)—Eggs are collected and studies. c. Embryo (or zygote, or oocyte) fertilized, and the resulting zygote is Matters To Be Discussed: Agenda items transfer procedures. then transferred to the fallopian tube. will include: a briefing from the National For cycles using thawed embryos and Cancer Institute’s Management Staff on the D. Updating Data To Be Reported cycles using donor oocytes or embryos approach to the site visit; a review of the NCI success rates will be defined as— documentation; a discussion on public input; Specific data items and definitions 1. The rate of live birth after and a decision on the task list. will be provided to clinics each year completion of ART according to the Agenda items are subject to change as along with all other reporting number of: priorities dictate. requirements at least 90 days in advance a. Embryo (or zygote, or oocyte) Contact Person for More Information: of the reporting deadline. Data items Michael J. Sage, Deputy Director, Division of transfer procedures. Environmental Hazards and Health Effects, and definitions will be periodically (C) An appendix containing a National Center for Environmental Health, reviewed and updated. Such review will consumer-oriented explanation of all CDC, 4770 Buford Highway, NE, (F–28), include consultation with professional medical and statistical terms used in the Atlanta, Georgia 30341–3724, telephone 770/ and consumer groups and individuals. report. 488–7300, fax 770/488–7310.

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The Director, Management Analysis and Information Resources Management device products manufactured, Services Office, has been delegated the (HFA–250), Food and Drug prepared, propagated, compounded, or authority to sign Federal Register notices Administration, 5600 Fishers Lane, processed by him or her for commercial pertaining to announcements of meetings and Rockville, MD 20857, 301–827–4659. other committee management activities for distribution. In part 607 (21 CFR part both CDC and the Agency for Toxic SUPPLEMENTARY INFORMATION: Under the 607), FDA has issued regulations Substances and Disease Registry. PRA (44 U.S.C. 3501–3520), Federal implementing these requirements for Dated: August 24, 1999. agencies must obtain approval from the manufacturers of human blood and Office of Management and Budget John C. Burckhardt, blood products. (OMB) for each collection of Section 607.20(a) requires certain Acting Director, Management Analysis and information they conduct or sponsor. Services Office, Centers for Disease Control establishments that engage in the ‘‘Collection of information’’ is defined and Prevention. manufacture of blood products to in 44 U.S.C. 3502(3) and 5 CFR [FR Doc. 99–22988 Filed 9–2–99; 8:45 am] register and to submit a list of blood 1320.3(c) and includes agency request BILLING CODE 4163±18±P product in commercial distribution. or requirements that members of the public submit reports, keep records, or Section 607.21 requires the provide information to a third party. establishments entering into the DEPARTMENT OF HEALTH AND manufacturing of blood products to HUMAN SERVICES Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal register within 5 days after beginning such operation and to submit a blood Food and Drug Administration agencies to provide a 60-day notice in the Federal Register concerning each product listing at that time. In addition, [Docket No. 99N±2875] proposed collection of information, establishments are required to register annually between November 15 and Agency Information Collection including each proposed extension of an existing collection of information, December 31 and update their blood Activities; Proposed Collection; product listing every June and Comment Request; Blood before submitting the collection to OMB for approval. To comply with this December. Section 607.22 requires the Establishment Registration and use of Form FDA 2830 for registration Product Listing, Form FDA 2830 requirement, FDA is publishing notice of the proposed collection of and blood product listing. Section AGENCY: Food and Drug Administration, information listed below. 607.25 indicates the information HHS. With respect to the following required for establishment registration ACTION: Notice. collection of information, FDA invites and blood product listing. Section comments on: (1) Whether the proposed 607.26 requires for certain changes an SUMMARY: The Food and Drug collection of information is necessary amendment to the establishment Administration (FDA) is announcing an for the proper performance of FDA’s registration to be made within 5 days of opportunity for public comment on the functions, including whether the such changes. Section 607.30 requires proposed collection of certain information will have practical utility; establishments to update, as needed, information by the agency. Under the (2) the accuracy of FDA’s estimate of the their blood product listing information Paperwork Reduction Act of 1995 (the burden of the proposed collection of every June and at the annual PRA), Federal agencies are required to information, including the validity of registration. Section 607.31 requires that publish notice in the Federal Register the methodology and assumptions used; additional blood product listing concerning each proposed collection of (3) ways to enhance the quality, utility, information be provided upon FDA information, including each proposed and clarity of the information to be request. extension of an existing collection of collected; and (4) ways to minimize the Among other uses, this information information, and to allow 60 days for burden of the collection of information public comment in response to the assists FDA in its inspections of on respondents, including through the facilities, and its collection is essential notice. This notice solicits comments on use of automated collection techniques the information collection provisions to the overall regulatory scheme when appropriate, and other forms of relating to the blood establishment designed to ensure the safety of the information technology. registration and product listing nation’s blood supply. Form FDA 2830, requirements in 21 CFR part 607 and Blood Establishment Registration and Blood Establishment Registration and relating to Form FDA 2830. Product Listing, Form FDA 2830—21 Product Listing, is used to collect this DATES: Submit written comments on the CFR Part 607 (OMB Control Number information. The likely respondents are collection of information by November 0910–0052)—Extension blood banks, blood collection facilities, 2, 1999. Under section 510 of the Federal and blood component manufacturing ADDRESSES: Submit written comments Food, Drug, and Cosmetic Act (the act) facilities. on the collection of information to the (21 U.S.C. 360), any person owning or FDA estimates the burden of this Dockets Management Branch (HFA– operating an establishment that collection of information based upon 305), Food and Drug Administration, manufactures, prepares, propagates, the past experience of the Center for 5630 Fishers Lane, rm. 1061, Rockville, compounds, or processes a drug or Biologics Evaluation and Research, MD 20852. All comments should be device must register with the Secretary Division of Blood Applications, in identified with the docket number of Health and Human Services, on or regulatory blood establishment found in brackets in the heading of this before December 31 of each year, his or registration and product listing. Most document. her name, place of business and all such blood banks are familiar with the FOR FURTHER INFORMATION CONTACT: establishments, and submit, among regulations and registration JonnaLynn P. Capezzuto, Office of other information, a listing of all drug or requirements to fill out this form.

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TABLE 1. Ð ESTIMATED ANNUAL REPORTING BURDEN 1

Annual Fre- 21 CFR Part Form FDA 2830 No. Of Re- quency per Re- Total Annual Hours per Re- Total Hours spondents sponse Response sponse

607.20(a), 607.21, Initial Registration 300 1 300 1 300 607.22, 607.25 607.21,607.22, 607.25, Re-registration 3,300 1 3,300 0.5 1,650 607.26, 607.31 607.21, 607.25, 607.30, Product Listing Update 75 1 75 0.25 19 607.31 Total 1,969 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: August 27, 1999. handling of animal feed and pet food in DEPARTMENT OF HEALTH AND William K. Hubbard, 21 CFR part 579 to approve irradiation HUMAN SERVICES Senior Associate Commissioner for Policy, in various animal feeds and feed Planning and Legislation. ingredients for microbial control. Food and Drug Administration [FR Doc. 99–23002 Filed 9–2–99; 8:45 am] The potential environmental impact [Docket No. 99D±2729] BILLING CODE 4160±01±F of this action is being reviewed. To Draft Guidance for Industry on BA and encourage public participation BE Studies for Orally Administered consistent with regulations issued under DEPARTMENT OF HEALTH AND Drug ProductsÐGeneral HUMAN SERVICES the National Environmental Policy Act Considerations; Availability (40 CFR 1501.4(b)), the agency is Food and Drug Administration placing the environmental assessment AGENCY: Food and Drug Administration, submitted with the petition that is the HHS. [Docket No. 99F±2799] subject of this notice on public display ACTION: Notice. at the Dockets Management Branch SteriGenics International, Inc.; Filing of SUMMARY: The Food and Drug (address above) for public review and Food Additive Petition (Animal Use); Administration (FDA) is announcing the Irradiation comment. availability of a draft guidance for Interested persons may, on or before industry entitled ‘‘BA and BE Studies AGENCY: Food and Drug Administration, November 2, 1999, submit to the for Orally Administered Drug HHS. Dockets Management Branch written Products—General Considerations.’’ ACTION: Notice. comments. Two copies of any comments This draft guidance provides recommendations to sponsors and SUMMARY: The Food and Drug are to be submitted, except that Administration (FDA) is announcing individuals may submit one copy. applicants intending to submit that SteriGenics International, Inc., has Comments are to be identified with the bioavailability (BA) and/or filed a petition proposing that the food docket number found in brackets in the bioequivalence (BE) information in additive regulations be amended to heading of this document. Received investigational new drug applications (IND’s), new drug applications (NDA’s), provide for the approval to irradiate comments may be seen in the Dockets abbreviated new drug applications various animal feeds and feed Management Branch between 9 a.m. and (ANDA’s), and their amendments and ingredients for microbial control. 4 p.m., Monday through Friday. FDA supplements, to the Center for Drug will also place on public display any DATES: Written comments on the Evaluation and Research (CDER). This petitioner’s environmental assessment amendments to, or comments on, the draft guidance provides general by November 2, 1999. petitioner’s environmental assessment information on how to comply with the ADDRESSES: Submit written comments without further announcement in the BA and BE requirements for orally to the Dockets Management Branch Federal Register. If, based on its review, administered dosage forms in 21 CFR (HFA–305), Food and Drug FDA finds that an environmental impact part 320. It is one of a set of planned Administration, 5630 Fishers Lane, rm. statement is not required and this core guidances designed to reduce and/ 1061, Rockville, MD 20852. petition results in a regulation, the or eliminate the need for FDA drug- FOR FURTHER INFORMATION CONTACT: John notice of availability of the agency’s specific BA/BE guidances. D. McCurdy, Center for Veterinary finding of no significant impact and the DATES: Written comments on the draft Medicine (HFV–222), Food and Drug evidence supporting that finding will be guidance document may be submitted Administration, 7500 Standish Pl., published with the regulation in the by November 2, 1999. Interested parties Rockville, MD 20855, 301–827–0171. Federal Register in accordance with 21 are invited to submit information SUPPLEMENTARY INFORMATION: Under the CFR 25.40(c). specifically to support or refute some of the approaches in the draft guidance Federal Food, Drug, and Cosmetic Act Dated: August 25, 1999. (section 409(b)(5) (21 U.S.C. 348(b)(5))), that are intended to reduce regulatory Stephen F. Sundlof, notice is given that a food additive burden. General comments on agency petition (FAP 2243) has been filed by Director, Center for Veterinary Medicine. guidance documents are welcome at any SteriGenics International, Inc., 4020 [FR Doc. 99–22999 Filed 9–2–99; 8:45 am] time. Clipper Ct., Fremont, CA 94538–6540. BILLING CODE 4160±01±F ADDRESSES: Copies of this draft The petition proposes to amend the food guidance are available on the Internet at additive regulations on irradiation in ‘‘http://www.fda.gov/cder/guidance/ the production, processing, and index.htm’’. Submit written requests for

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.217 pfrm08 PsN: 03SEN1 48410 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices single copies of the draft guidance to the In the past, BE studies have been Sponsors should specify their choice in Drug Information Branch (HFD–210), performed as single-dose, crossover the study protocol submitted to the Center for Drug Evaluation and studies in healthy volunteers. To appropriate institutional review board Research, Food and Drug compare measures in these studies, data prior to study initiation. At the Administration, 5600 Fishers Lane, have been analyzed using an average BE sponsor’s discretion, scaling may be Rockville, MD 20857. Send one self- criterion. In this draft guidance, FDA used, under certain circumstances, to addressed adhesive label to assist that recommends the use of new criteria to judge BE when either an individual or office in processing your requests. allow comparison of BE. One, termed an population criterion is specified. Submit written comments on the draft individual BE criterion, means having Because data from the recommended guidance to the Dockets Management study designs in which both the test and replicate studies may be powered for an Branch (HFA–305), Food and Drug reference drug products are average BE criterion, the burden of Administration, 5630 Fishers Lane, rm. administered to the same individuals on performing replicate BE studies is 1061, Rockville, MD 20852. two separate occasions (replicate study minimized. The agency in turn will FOR FURTHER INFORMATION CONTACT: designs). Another, termed a population perform individual BE analyses on all Vinod P. Shah, Center for Drug BE criterion, does not involve replicate submitted data to determine subject x Evaluation and Research (HFD–350), study designs. The individual BE is formulation interactions. Information Food and Drug Administration, 5600 recommended for use in in vivo BE from these studies will enable FDA to Fishers Lane, Rockville, MD 20857, studies submitted in: (1) ANDA’s, and assess further the usefulness of the 301–594–5635. (2) NDA’s and ANDA’s when the need proposed individual and population BE to redocument BE arises after approval. criteria. SUPPLEMENTARY INFORMATION: FDA is The population BE criterion is This draft guidance document is being announcing the availability of a draft recommended for use by sponsors who issued consistent with FDA’s good guidance for industry entitled ‘‘BA and conduct certain important in vivo BE guidance practices (62 FR 8961, BE Studies for Orally Administered studies (e.g., studies that compare February 27, 1997). It represents the Drug Products—General clinical trial material with the to-be- agency’s current thinking on Considerations.’’ This draft guidance marketed dose form). The use of the bioavailability and bioequivalence provides recommendations to sponsors proposed individual BE criterion is studies for orally administered drug and applicants intending to provide BA based on the assessment of both means products. It does not create or confer and BE information in IND’s, NDA’s, and variances of BA measures, to any rights for or on any person and does ANDA’s, and their amendments and include a subject-by-formulation (S*F) not operate to bind FDA or the public. supplements that complies with the BA interaction variance and within-subject An alternative approach may be used if and BE requirements in 21 CFR part 320 variance for both test and reference such an approach satisfies the as they apply to dosage forms intended products. Both population and requirements of the applicable statute, for oral administration. individual criteria allow scaling of the regulations, or both. This draft guidance focuses primarily BE limit according to variability of the Interested persons may submit written on product quality BA and BE. Product reference product. comments on the draft guidance to the quality BA encompasses information FDA has expended substantial effort Dockets Management Branch (address related to release of the drug substance in determining whether S*F interaction above). Two copies of any comments are from the drug product into systemic and increased within-subject variability to be submitted, except that individuals circulation. BE is a formal comparative occur with sufficient frequency to affect may submit one copy. Comments are to test that uses: (1) Specified criteria for a conclusion of switchability between be identified with the docket number comparisons, (2) BE limits (goal posts), test and reference products. FDA found in brackets in the heading of this and (3) confidence intervals to believes that additional information on document. The draft guidance and determine if the observed interval falls the frequency and the magnitude of the received comments are available for within the specified limit. different variance terms, as well as other public examination in the Dockets Many aspects of this draft guidance information, is needed. For this reason, Management Branch between 9 a.m. and represent departures from past practices this draft guidance is recommending 4 p.m., Monday through Friday. used to document BE. Although some that sponsors conduct all in vivo BE Dated: August 25, 1999. aspects of this draft guidance may result studies for: (1) IND’s, (2) NDA’s, (3) Margaret M. Dotzel, in small increases of regulatory burden, ANDA’s, and (4) amendments and Acting Associate Commissioner for Policy. the main intent of many of these supplements to NDA’s and ANDA’s [FR Doc. 99–23009 Filed 9–2–99; 8:45 am] changes is to reduce the regulatory using replicate designs for a 2-year BILLING CODE 4160±01±F burden while maintaining sound period following the publication of the scientific principles consistent with final version of this guidance. For public health objectives. Specific example, the current average BE criteria DEPARTMENT OF HEALTH AND examples of reduction of the regulatory generally require 24 subjects in a two- HUMAN SERVICES burden include: (1) Enable biowaivers period study design (total of 24 x 2 = 48 for lower strengths of modified release dosage administrations). The proposed Health Resources and Services dosage forms, (2) eliminate multiple replicate study design would require 12 Administration dose BE studies for modified release subjects in a four-period study (total of dosage forms, (3) enable biowaivers for 12 x 2 x 2 dosage administrations). AIDS Education and Training Centers higher strength of immediate release However, there is no increase in total Evaluation Center Grant dosage forms, and (4) reduce emphasis number of dosage administrations to be AGENCY: Health Resources and Services on measuring metabolites in BE studies. analyzed. Sponsors can analyze their Administration, HHS. Respondents to the Federal Register data using either average or population ACTION: Notice of Availability of Funds. notice are encouraged to provide data criteria (IND’s and NDA’s) or average or that can be used to support or refute individual criteria (ANDA’s and SUMMARY: The Health Resources and proposals in the draft guidance. supplements to NDA’s and ANDA’s). Services Administration’s (HRSA) HIV/

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AIDS Bureau (HAB) announces that applicants who are unable to access (Except for the ‘‘800’’ number, these applications will be accepted for fiscal application materials electronically, a telephone numbers are not toll-free.) year (FY) 2000 grants for a discretionary hard copy of the official grant SUPPLEMENTARY INFORMATION: The 1998 grant to support a National AIDS application kit (PHS Form 6025–1) must Supplemental Appropriations and Education and Training Centers be obtained from the HRSA Grants Rescissions Act (Pub. L. 105–174, 112 Evaluation Center. The Center will be Application Center (GAC). The Center Stat. 58, approved May 1, 1998), responsible for assisting HRSA in its may be contacted by telephone at 1– required the publication of a notice capacity to document, evaluate and 888–333–4772 until September 12, governing the allocation and use of 1998 communicate the outcomes of 1999, or 1–877–HRSA(4772)–123 after HUD Disaster Recovery Initiative grant education, training, and consultation September 12, 1999. The e-mail address funds. On October 22, 1998, at 63 FR activities provided by the regional AIDS for the HRSA GAC after September 12, 56764, HUD published a notice to Education and Training Centers (AETC) 1999, is [email protected]. address this requirement. The match and by the National Minority AIDS FOR FURTHER INFORMATION CONTACT: requirement in the notice of October 22, Education and Training Center under Additional information may be obtained 1998 is amended by this notice. Further section 2692 (a) of the Public Health from Mrs. Juanita Koziol, Deputy Chief, legal review has clarified that annual Service Act as amended by Public Law HIV Education Branch, Division of appropriations of CDBG funds may be 104–146, the Ryan White Training and Technical Assistance, used to meet the ‘‘25 percent in non- Comprehensive AIDS Resources HIV/AIDS Bureau, Health Resources Federal public matching funds’’ Emergency Act Amendments of 1996. and Services Administration, 5600 requirement in the 1998 Supplemental AVAILABILITY OF FUNDS: It is anticipated Fishers Lane, Room 9A–39, Rockville, Appropriations and Rescissions Act that a single award will be made for the Maryland 20857; telephone number (Public Law 105–174) (at 112 Stat. 76). National AIDS Education and Training (301) 443–6364; FAX number (301) 443– Though the Department has the Centers Evaluation Center and is 9887. authority to specify alternative expected to range from $400,000 to requirements, it has decided to adopt $500,000 for the initial budget period. Dated: August 30, 1999. Claude Earl Fox, this legal position. Funding will be made available for 12 Accordingly, FR Doc. 98–28436, the months, with a project period of up to Administrator. 1998 HUD Disaster Recovery Initiative three years. Continuation awards within [FR Doc. 99–23003 Filed 9–2–99; 8:45 am] Notice, published in the Federal the approved project period will be BILLING CODE 4160±15±P Register October 22, 1998, 63 FR 56764, made on the basis of satisfactory is amended by revising paragraph progress and the availability of funds. I.F.9.a., on page 56766, in column 2, to ELIGIBLE APPLICANTS: Eligible applicants DEPARTMENT OF HOUSING AND read as follows: are public and nonprofit entities and URBAN DEVELOPMENT a. Contributions made with or derived schools and academic health science from Federal resources or funds, [Docket No. FR±4398±N±04] centers. regardless of when the Federal resources DATES: Applications for this grant must 1998 HUD Disaster Recovery Initiative or funds were received or expended. be received in the HRSA Grants Amendment Use of CDBG funds (defined at § 570.3) Application Center by the close of under section 105(a)(9) of the Act for business October 12, 1999 to be AGENCY: Office of Community Planning payment of the non-Federal share considered for competition. and Development, HUD. required in connection with a Federal Applications will meet the deadline if ACTION: Notice. grant-in-aid program is permissible; they are either (1) received on or before the deadline date or (2) postmarked on SUMMARY: This notice amends a notice Authority or before the deadline date, and published October 22, 1998, governing 1998 Supplemental Appropriations received in time for submission to the the allocation and use of Community and Rescissions Act (Pub. L. 105–174, objective review panel. A legibly dated Development Block Grant (CDBG) funds 112 Stat. 58, approved May 1, 1998). receipt from a commercial carrier or appropriated in the 1998 Supplemental Dated: August 27, 1999. Appropriations and Rescissions Act U.S. Postal Service will be accepted as Cardell Cooper, proof if timely mailing. Applications (Pub. L. 105–174) and made available through the HUD Disaster Recovery Assistant Secretary for Community Planning received after the deadline will be and Development. returned to the applicant. Initiative. It modifies the Department’s [FR Doc. 99–22989 Filed 9–2–99; 8:45 am] ADDRESSES: All applications should be policy position on the use of annual BILLING CODE 4210±29±P mailed or delivered to: Grants CDBG appropriations to meet non- Management Officer, HRSA Grants Federal public matching funds Application Center, Parklawn Building, requirements of that 1998 supplemental DEPARTMENT OF HOUSING AND 5600 Fishers Lane, Room 4–91, appropriations statute. URBAN DEVELOPMENT Rockville, Maryland 20857. Grant FOR FURTHER INFORMATION CONTACT: Jan applications sent to any address other C. Opper, Senior Program Officer, Office [Docket No. FR±4432±N±35] than that above are subject to being of Block Grant Assistance, Department Federal Property Suitable as Facilities returned. Federal Register notices and of Housing and Urban Development, To Assist the Homeless application guidance for the HIV/AIDS Room 7286, 451 Seventh Street, SW, Bureau program are available on the Washington, DC 20410, telephone AGENCY: Office of the Assistant World Wide Web via the Internet. The number (202) 708–3587. Persons with Secretary for Community Planning and web site for the HIV/AIDS Bureau is: hearing or speech impairments may Development, HUD. http://www.hrsa.gov/hab/. Federal grant access this number via TTY by calling ACTION: Notice. application forms are available at the the Federal Information Relay Service at following Internet address: http:// (800) 877–8339. FAX inquiries may be SUMMARY: This Notice identifies forms.psc.gov/phsforms.htm. For those sent to Mr. Opper at (202) 401–2044. unutilized, underutilized, excess, and

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.219 pfrm08 PsN: 03SEN1 48412 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices surplus Federal property reviewed by nonnative grassland and dry-farmed Area. All of the project sites are located HUD for suitability for possible use to fields for residential and other uses. between Interstate 5 and the San Luis assist the homeless. This project would permanently Reservoir in western Merced County, EFFECTIVE DATE: September 3, 1999. eliminate 170 acres of suitable habitat California. Typical land uses in the area FOR FURTHER INFORMATION CONTACT: for the kit fox. surrounding the project sites are Clifford Taffet, Department of Housing We request comments from the public dryland farming, grazing and some and Urban Development, Room 7262, on the permit application, and an residential development. The California 451 Seventh Street SW, Washington, DC Environmental Assessment, which are Aqueduct and Delta-Mendota Canals are 20410; telephone (202) 708–1234; TTY available for review. The permit adjacent to the project sites. The San number for the hearing- and speech- application includes the proposed Luis Reservoir and O’Neill Forebay are impaired (202) 708–2565, (these Habitat Conservation Plan (Plan) and an west of the project sites. The Applicants telephone numbers are not toll-free), or accompanying Implementing propose the following land uses at the call the toll-free Title V information line Agreement. The Plan describes the project sites: residential development, some commercial development, and at 1–800–927–7588. proposed project and the measures that the Applicant would undertake to open space community parks. The SUPPLEMENTARY INFORMATION: In minimize and mitigate take of the kit proposed number of home sites per acre accordance with the December 12, 1998, fox. range from 3.2 to 5.5. court order in National Coalition for the This notice is provided pursuant to Biologists surveyed the project sites Homeless v. Veterans Administration, section 10(a) of the Endangered Species for special-status plants and wildlife in No. 88–2503–OG (D.D.C.), HUD Act and National Environmental Policy 1998. Based on these surveys and publishes as Notice, on a weekly basis, Act regulations (40 CFR 1506.6). All previous knowledge of the area, the identifying unutilized, excess and comments received, including names Service concluded that the project may surplus Federal buildings and real and addresses, will become part of the result in the take of one federally listed property that HUD has reviewed for official administrative record and may species, the endangered San Joaquin kit suitability for use to assist the homeless. be made available to the public. fox. Today’s Notice is for the purpose of The Applicants propose to implement DATES: Written comments should be announcing that no additional the following measures to minimize and received on or before October 4, 1999. properties have been determined mitigate take of the San Joaquin kit fox: suitable or unsuitable this week. ADDRESSES: Written comments should (1) conduct surveys and implement be addressed to Mr. Wayne White, Field avoidance measures before and during Dated: August 25, 1999. Supervisor, Fish and Wildlife Service, Fred Karnas, Jr., construction activities; and (2) mitigate 2800 Cottage Way, W–2605, the loss of habitat at a 3:1 ratio Deputy Assistant Secretary for Economic Sacramento, California 95825. Development. (mitigation:impact) by purchasing a Comments may be sent by facsimile to conservation easement for, or fee title to, [FR Doc. 99–22487 Filed 9–2–99; 8:45 am] (916) 414–6710. 510 acres of off-site suitable kit fox BILLING CODE 4210±29±M FOR FURTHER INFORMATION CONTACT: Ms. habitat in the Santa Nella region. The Ann Chrisney, Fish and Wildlife Applicants will finance the off-site Biologist, at the above address or call mitigation by establishing a Kit Fox DEPARTMENT OF THE INTERIOR (916) 414–6600. Mitigation Account to be held by an SUPPLEMENTARY INFORMATION appropriate entity. Fish and Wildlife Service : The Environmental Assessment Availability of Documents Availability of an Environmental considers the environmental Assessment and Receipt of an You may obtain copies of these consequences of two alternatives in Application for an Incidental Take documents for review by contacting the addition to the Proposed Project Permit for the Arnaudo Brothers, above office. Documents also will be Alternative. The Proposed Project Wathen-Castanos, Kaufman and Broad available for public inspection, by Alternative consists of the issuance of Development Sites in Merced County, appointment, during normal business an incidental take permit and California hours at the above address. implementation of the Plan and its implementing Agreement, which Background AGENCY: Fish and Wildlife Service, includes measures to minimize and Interior. Section 9 of the Endangered Species mitigate impacts of the project on the ACTION: Notice of availability and Act and Federal regulation prohibit the San Joaquin kit fox. Under the No receipt of application. ‘‘take’’ of fish or wildlife species listed Action Alternative, the Service would as endangered or threatened, issue a permit and the project area SUMMARY: The partnership of Arnaudo respectively. Take of listed fish or would continue to be dry-land farmed, Brothers and the public corporations of wildlife is defined under the Act to remain as nonnative grassland or be Wathen-Castanos and Kaufman and include kill, harm, or harass. The converted to irrigated row crops with Broad (collectively, the Applicants) Service may, under limited the possibility of future adjacent have applied to the Fish and Wildlife circumstances, issue permits to development. This alternative would Service for an incidental take permit authorize incidental take; i.e., take that result in less habitat value for the kit fox pursuant to section 10(a)(1)(B) of the is incidental to, and not the purpose of, than the off-site mitigation proposed Endangered Species Act of 1973, as the carrying out of an otherwise lawful under the Proposed Project Alternative. amended. The Service proposes to issue activity. Regulations governing We also considered a Reduced Density a 5-year permit to the Applicants that incidental take permits for threatened Alternative. Compared to the Proposed would authorize take of the San Joaquin and endangered species are found in 50 Project, this alternative did not provide kit fox (Vulpes macrotis mutica) (kit CFR 17.32 and 17.22, respectively. any significantly improved on-site fox) incidental to otherwise lawful The Applicants have proposed four habitat for kit fox. activities. Such take would occur during project sites for development within the This notice is provided pursuant to the development of 170 acres of Santa Nella Community Specific Plan section 10(a) of the Endangered Species

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Act and the National Environmental Nature of Comments DEPARTMENT OF THE INTERIOR Policy Act of 1969 regulations (40 CFR 1506.6). We will evaluate the We specifically request your Bureau of Land Management comments on the following: application, associated documents, and [CO±700±99±5440±00±C023] comments submitted thereon to 1. Whether the collection of determine whether the application information is necessary for the proper Notice of Availability meets the requirements of the National functioning of the Bureau of Land Environmental Policy Act regulations AGENCY: Bureau of Land Management, Management, including whether the Interior; Forest Service, Agriculture. and section 10(a) of the Endangered information will have practical utility; Species Act. If we determine that those Responsible Officials: Ann Morgan, requirements are met, we will issue a 2. The accuracy of BLM’s estimate of State Director, Colorado State Office, permit to the Applicants for the the burden of collecting the information, Bureau of Land Management, 2850 incidental take of the San Joaquin kit including the validity of the Youngfield, Denver, CO 80215 and fox. Our final permit decision will be methodology and assumptions used; Robert L. Storch, Forest Supervisor, Grand Mesa, Uncompahgre and made no sooner than 30 days from the 3. The quality, utility and clarity of Gunnison National Forests, U.S. Forest date of this notice. the information to be collected; and Service, 2250 US Hwy 50, Delta, CO Dated: August 27, 1999. 4. How to minimize the burden of 81416. Elizabeth H. Stevens, collecting the information on those who ACTION: Notice of Availability of North Deputy Manager, California/Nevada are to respond, including the use of Fork Coal Draft Environmental Impact Operations Office, Fish and Wildlife Service, appropriate automated electronic, Statement (DEIS) and Notice of Public Sacramento, California. mechanical, or other forms of Hearing and Request for Comments on [FR Doc. 99–22987 Filed 9–2–99; 8:45 am] information technology. the DEIS, Maximum Economic Recovery BILLING CODE 4310±55±M Title: Mineral Materials Disposal. Report, and Fair Market Value; for lease and exploration license applications of OMB Clearance No.: 1004–0103. Federal coal in Delta and Gunnison DEPARTMENT OF THE INTERIOR Abstract: BLM proposes to extend the Counties, Colorado (COC61209, currently approved collection of COC61357, COC61945). Bureau of Land Management information for the disposal through SUMMARY: Pursuant to 40 CFR 1500– sale of mineral materials, such as sand, [WO±320±1330±01±24 1A] 1508, the Bureau of Land Management gravel, and petrified wood, on public OMB Approval Number 1004±0103; (BLM) and the Forest Service (FS) lands. BLM uses the information that announce the availability of the North Information Collection Submitted to applicants provide to: (1) determine if the Office of Management and Budget Fork Coal DEIS for the Iron Point and the sale of the mineral materials is in Elk Creek Coal Lease Tracts for for Review Under the Paperwork the public interest, (2) mitigate any Reduction Act competitive leasing and the Iron Point environmental impacts associated with Coal Exploration license for exploration The proposed collection of mineral development, (3) get fair market drilling in accordance with 43 CFR 3425 information listed below has been value for the material sold, and (4) and 3410. The scheduled date and place submitted to the Office of Management prevent the trespass removal of the for a public hearing pursuant to 43 CFR and Budget (OMB) for approval under resource. The collection also includes a 3425.4 is announced. The purpose of the provisions of the Paperwork sale contract form, BLM 3600–1. the hearing is to solicit comments on the Reduction Act of 1995 (44 U.S.C. 3501 Bureau Form: 3600–1 (combines DEIS and on the fair market value et seq.). On April 7, 1999, BLM forms 3600–4, Contract for Cash Sale of (FMV) and Maximum Economic published a notice in the Federal Mineral Materials, Appraised at Less Recovery (MER) of the proposed lease Register (64 FR 16994) requesting Than $2,000; and 3600–5, Contract for tract. comments on this proposed collection. the Sale of Units of Materials, Appraised DATES: The public hearing will be held The comment period ended on June 7, at $2,000 or More) at 7:00 p.m. MDT, on October 14, 1999, 1999. BLM received no comments from at the Hotchkiss High School, the public in response to that notice. Frequency: Once or twice per year. Hotchkiss, Colorado. To assist the Copies of the proposed collection of Description of Respondents: public in formulating their comments, information and related forms and Respondents are operators desiring there will also be an informal open explanatory material may be obtained sand, gravel, stone, and other mineral house on October 7, 1999, starting at by contacting the BLM clearance officer materials from lands under BLM 7:30 p.m. MDT, at the Hotchkiss High at the telephone number listed below. jurisdiction. School, Hotchkiss, Colorado to answer OMB is required to respond within 60 questions regarding the organization Annual Respondents: 2,700. days but may respond after 30 days. For and technical content of the DEIS. maximum consideration, your Annual Responses: 2,800. Written comments on the DEIS, fair comments and suggestions on the Annual Burden Hours: 1,475. market value and maximum economic requirement should be sent directly to recovery will be accepted for 60 days Collection Clearance Officer: Carole the Office of Management and Budget, following the date the Environmental Smith, (202) 452–0367. Interior Department Desk Officer (1004– Protection Agency (EPA) publishes their 0103), Office of Information and Dated: August 12, 1999. Notice of Availability in the Federal Regulatory Affairs, Washington, DC Carole J. Smith, Register. We expect the EPA notice will 20503, telephone (202) 395–7340. Please Information Collection Clearance Officer. be published on September 3, 1999. provide a copy of your comments to the [FR Doc. 99–22977 Filed 9–2–99; 8:45 am] Written comments on the DEIS, fair Bureau Clearance Officer (WO–630), market value and maximum economic 1849 C St., NW, Mail Stop 401 LS, BILLING CODE 4310±84±M recovery must be received by November Washington, DC 20240. 3, 1999.

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ADDRESSES: Please address questions mining. The requested Iron Point Tract 4. The interest rate at which and comments on the DEIS to the and the exploration license area are anticipated income streams would be Bureau of Land Management, Attn: Jerry adjacent to the presently approved discounted. Jones, 2465 South Townsend Ave., permit area for the Bowie No. 2 Mine 5. Depreciation and other accounting Montrose, CO 81401, or fax them to which is operated by Bowie. Likewise, factors. 970–240–5368. E-mail can be sent to the requested Elk Creek Tract is adjacent 6. The mining method or methods [email protected]. to the presently approved permit area which would achieve maximum FOR FURTHER INFORMATION CONTACT: Jerry for the Sanborn Creek Mine which is economic recovery of the coal. Jones at the above address, or phone: operated by Oxbow. These applications 7. Documented information on the 970–240–5338. encompass federal coal on BLM and terms and conditions of recent and similar coal land transactions in the SUPPLEMENTARY INFORMATION: As a result National Forest system lands. The DEIS analyzes four alternatives. lease area, and of two applications for coal leasing and 8. Any comparable sales data of one application for a coal exploration Besides the no-action alternative and the plans as submitted in the similar coal lands. license, the following lands were Substantive comments, whether analyzed in this DEIS. applications, two other alternatives were examined in the draft EIS. The written or oral, will receive equal T. 12 S., R. 90 W., 6th P.M. other alternatives analyzed the consideration prior to any lease offering. Sec. 31, lots 1 to 14, inclusive, and NE1⁄4; possibility of multiseam mining and the Coal quantities and the FMV of the coal Sec. 32, lots 3 to 6, inclusive, lots 11 to 14, developed by BLM may or may not 1 restriction of subsidence due to inclusive, and NW ⁄4. change as a result of comments received underground mining activity in key T. 12 S., R. 91 W., 6th P.M. from the public and changes in market 1 2 1 2 1 4 1 4 areas to protect surface resources. Sec. 14, lots 7,8, S ⁄ S ⁄ , NE ⁄ SW ⁄ , conditions between now and when final NW1⁄4SE1⁄4; The coal resource to be offered is economic evaluations are completed. Sec. 22, S1⁄2; limited to coal recoverable by 1 The Draft EIS and Maximum Sec. 23, lots 1 to 7, inclusive, W ⁄2, and that underground mining methods. The Economic Recovery Report are available part of HES No. 133 lying in the purpose of the hearing is to obtain 1 2 1 4 from the Uncompahgre Field Office S ⁄ SE ⁄ ; public comments on the DEIS and on Sec. 26, lots 1 to 5, inclusive, W1⁄2, upon request. A copy of the DEIS, the the following items: N1⁄2SE1⁄4, that part of HES No. 133 lying Maximum Economic Recovery Report, (1) The method of mining to be in the NE1⁄4 and that part of HES No. 134 the case file, and the comments 1 employed to obtain maximum economic lying in the SE ⁄4; submitted by the public, except those recovery of the coal, Sec. 27, all; portions identified as proprietary by the Sec. 28, S1⁄2; (2) The impact that mining or commenter and meeting exemptions Sec. 29, SE1⁄4; exploration of the coal may have on the Sec. 32, lots 1, 2, 7 to 10, inclusive, lots area, and stated in the Freedom of Information 15, 16, and NE1⁄4; (3) The methods of determining the Act, will be available for public Sec. 33, lots 1 to 16, inclusive, and N1⁄2; fair market value of the coal to be inspection at the BLM Uncompahgre Sec. 34, lots 1 to 16, inclusive, and N1⁄2; offered. Field Office. Sec. 35, lots 1 to 22, that part of HES No. Written requests to testify orally at the The comment period on the Draft EIS 1 1 1 134 lying in the NE ⁄4; N ⁄2NW ⁄4, and October 14, 1999, public hearing should will be sixty (60) days from the date the SW1⁄4NW1⁄4. be received at the BLM prior to the close Environmental Protection Agency Sec. 36, lots 1 to 17, inclusive, NE1⁄4, publishes the notice of availability in 1 1 1 1 of business on October 14, 1999. Those E ⁄2NW ⁄4, SW ⁄4NW ⁄4, and that part of the Federal Register. It is important to HES No.134 lying in lot 1. who indicate they wish to testify when T. 13 S., R. 90 W., 6th P.M. they register at the hearing may have an give reviewers notice of several court Sec. 5, lots 7 to 10, inclusive; opportunity if time is available. rulings related to public participation in Sec. 6, lots 8 to 17, inclusive. In addition, the public is invited to the environmental review process. First, T. 13 S., R. 91 W., 6th P.M. submit written comments concerning reviewers of draft environmental impact Sec. 1, lots 1 to 4, inclusive, S1⁄2NW1⁄4 and the fair market value and maximum statements must structure their SW1⁄4; participation in the environmental 1 1 1 1 economic recovery of the coal resource. Sec. 2, lot 1, and S ⁄2NE ⁄4, SW ⁄4NW ⁄4, Public comments will be utilized in review of the proposal so that it is NW1⁄4SW1⁄4, and E1⁄2SW1⁄4; meaningful and alerts an agency to the 1 1 establishing fair market value for the Sec. 3, lots 1 to 4, inclusive, S ⁄2N ⁄2, and reviewer’s position and contentions, N1⁄2S1⁄2; coal resource in the described lands. Vermont Yankee Nuclear Power Corp. v. Sec. 4, lots 1 to 4, inclusive, S1⁄2N1⁄2, and Proprietary data marked as confidential S1⁄2; may be submitted to the Bureau of Land NRDC, 435 U.S. 519, 553 (1978). Also, Sec. 5, lots 11 and 12, SE1⁄4, E1⁄2SW1⁄4, Management in response to this environmental objections that could be SW1⁄4NE1⁄4, and SE1⁄4NW1⁄4; solicitation. This information should be raised at the Draft EIS stage but that are Sec. 8, NE1⁄4; labeled as such and stated in the first not raised until after completion of the Sec. 9, NW1⁄4, and N1⁄2SW1⁄4; Final EIS may be waived or dismissed 1 1 page of the submission. Data so marked Sec. 11, NE ⁄4NW ⁄4. shall be treated in accordance with the by the courts, City of Angoon v. Hodel, Sec. 12, S1⁄2NE1⁄4, and NW1⁄4. laws and regulations governing the 803 F.2d 1016, 1022 (9th Cir. 1986) and The area described contains approximately confidentiality of such information. Wisconsin Heritages, Inc. v. Harris, 490 11,646 +/¥acres. Comments on fair market value and F. Supp. 1334, 1338 (e.d. Wis. 1980). Bowie Resources, Ltd. and Oxbow maximum economic recovery should be Because of these court rulings, it is very Mining, Inc. applied to the BLM for the sent to the Bureau of Land Management important that those interested in this Iron Point and Elk Creek coal lease and should address, but not necessarily proposed action participate by the close tracts respectfully to extend the be limited to, the following information: of the comment period so that production life of their existing 1. The quality and quantity of the coal substantive comments and objections underground mines. Similarly, Bowie resource. are made available to the agencies at a applied to the BLM for an exploration 2. The price that the mined coal time when they can meaningfully license to further delineate coal resource would bring in the market place. consider them and respond to them. To in lands adjacent to their ongoing 3. The cost of producing the coal. assist the agencies in identifying and

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A primary entry on the day’s Act and the Federal Advisory the adequacy of the Draft EIS or the agenda will be accepting public Committee Act of 1972 (FACA), 5 merits of the alternatives formulated comments concerning the future U.S.C., the Department of the Interior, and discussed in the statement. management of public lands in the Bureau of Land Management (BLM), Reviewers may wish to refer to the Missouri River Breaks area of north Council meetings will be held as Council on Environmental Quality central Montana. The BLM is interested indicated below. The agenda for the regulations for implementing the in maintaining the special cultural, September 27, 1999 meeting includes: procedural provisions of the National historical and scenic values of these approval of minutes of the previous Environmental Policy Act at 40 CFR lands and is considering a designation 1503.3 in addressing these points. of some level as a means of recognizing meeting, Standards and Guidelines for wild horses, Wilderness Study Areas, Freedom of Information while maintaining these values as well as benefiting local communities and Wild Fire and Emergency Fire Comments, including names and lifestyles. The council will hear Rehabilitation Updates, Pinyon-juniper street addresses of respondents, will be presentations from groups and Standards and Guidelines and subject available for public review at the organizations from 12:45 pm through matter for future meetings. addresses listed above during regular 5:00 pm. Then from 7:00 pm through All meetings are open to the public. business hours (7:45 a.m.–4:30 p.m.), 9:00 pm that evening, the council will Citizens may present written comments Monday through Friday, except host a public comment period for to the Council. Each formal Council holidays, and may be published as part individuals. of the Final EIS. Individual respondents meeting will also have time allocated for The September 23 portion of the hearing public comments. may request confidentiality. If you wish meeting will begin at 9:00 am. From to withhold your name or street address 9:00 am through 11:00 am, the council Depending on the number of persons from public review or from disclosure will continue the public comment wishing to comment and time available, under the Freedom of Information Act, period for individuals concerning the the time for individual oral comments you must state this prominently at the future management of public lands in may be limited. Individuals who plan to beginning of your written comment. the Missouri River Breaks. The attend or need special assistance, such Such requests will be honored to the remainder of the day will consist of a as sign language interpretation or other extent allowed by law. All submissions discussion of business topics along with reasonable accommodations, should from organizations or businesses, and council members’ reports on the Lewis contact Curtis Tucker, Special Projects from individuals identifying themselves and Clark Bicentennial, and Coordinator, Ely Field Office, 702 North as representatives or officials of administrative arrangements for the Industrial Way, HC 33 Box 33500, Ely, organizations or businesses, will be council’s next meeting. NV 89301–9408. made available for public inspection in their entirety. Proprietary data so DATES: September 22 and 23. DATES, TIMES AND LOCATION: The time marked shall be treated in accordance LOCATION: Lewis and Clark Interpretive and location of the meeting is as with the laws and regulations governing Center, Great Falls, Montana. follows: Northeastern Great Basin the confidentiality of such information. FOR FURTHER INFORMATION CONTACT: Resource Advisory Council meeting, Dated: August 25, 1999. Phillips Field Manager, 501 S. 2nd St. September 27, 1999, starting at 9 a.m., Jerald L. Jones, E., HC 65, Box 5000, Malta, Montana Elko Field Office, 3900 East Idaho EIS Project Manager. 59538. Street, Elko, NV; public comments will [FR Doc. 99–22773 Filed 9–2–99; 8:45 am] SUPPLEMENTARY INFORMATION: The be at 11:30 a.m.; tentative adjournment BILLING CODE 4310±JB±P meeting is open to the public and there 5 p.m. will be a formal comment period for FOR FURTHER INFORMATION CONTACT: groups and organizations and two DEPARTMENT OF THE INTERIOR public comment periods as detailed Curtis Tucker, Special Projects above. Coordinator, Ely Field Office, 702 North Bureau of Land Management David L. Mari, Industrial Way, HC 33 Box 33500, Ely, [MT±961±1020±00] Lewistown Field Manager. NV 89301–9408, telephone 775–289– [FR Doc. 99–22976 Filed 9–2–99; 8:45 am] 1841. Notice of Meeting BILLING CODE 4310±DN±P SUPPLEMENTARY INFORMATION: The AGENCY: Bureau of Land Management, purpose of the Council is to advise the Lewistown Field Office. Secretary of the Interior, through the DEPARTMENT OF THE INTERIOR ACTION: Notice of meeting. BLM, on a variety of planning and Bureau of Land Management management issues, associated with the SUMMARY: The Central Montana management of the public lands. Resource Advisory Council will meet [NV±910±09±0777±30] September 22 and 23, 1999, at the Lewis Dated: August 24, 1999. and Clark Interpretive Center, in Great Northeastern Great Basin Resource Helen Hankins, Falls, Montana. Advisory Council Meeting Location Field Manager, Elko. The September 22 portion of the and Time [FR Doc. 99–22980 Filed 9–2–99; 8:45 am] meeting will begin at 8:00 am. The day’s BILLING CODE 4310±HC±M business will include an introduction of AGENCY: Bureau of Land Management, new council members, field manager Interior.

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DEPARTMENT OF THE INTERIOR T. 7 N., R. 22 W. DEPARTMENT OF THE INTERIOR The plat, representing Amended Bureau of Land Management Protraction Diagram 16 of Bureau of Land Management [MT±952±09±1420±00] unsurveyed Township 7 North, [CO±930±1430±01; COC±63081] Range 22 West, Principal Meridian, Montana: Filing of Amended Montana, was accepted August 24, Proposed Withdrawal; Opportunity for Protraction Diagram Plats 1999. Public Meeting; Colorado T. 7 N., R. 23 W. AGENCY: Bureau of Land Management, The plat, representing Amended August 27, 1999. Montana State Office, Interior. Protraction Diagram 16 of AGENCY: Bureau of Land Management, ACTION: Notice. unsurveyed Township 7 North, Interior. Range 23 West, Principal Meridian, ACTION: Notice. SUMMARY: The plats of the amended Montana, was accepted August 24, protraction diagrams accepted August 1999. SUMMARY: The Bureau of Land 24, 1999, of the following described T. 8 N., R. 21 W. Management proposes to withdraw lands, are scheduled to be officially The plat, representing Amended approximately 12,236 acres of public filed in the Montana State Office, Protraction Diagram 16 of lands and 1,020 acres of reserved Billings, Montana, thirty (30) days from unsurveyed Township 8 North, mineral estate for 20 years to protect the the date of this publication. Range 21 West, Principal Meridian, Upper Colorado River Special Tps. 5, 6, 7, and 8 N., Rs. 21, 22, and Montana, was accepted August 24, Recreation Management Area. This 23 W. 1999. notice closes the public lands to surface The plat, representing Amended T. 8 N., R. 22 W. entry and mining and the reserved Protraction Diagram 16 Index of The plat, representing Amended mineral interests to mineral entry for up unsurveyed Townships 5, 6, 7, and Protraction Diagram 16 of to 2 years. The lands have been and 8 North, Ranges 21, 22, and 23 unsurveyed Township 8 North, remain open to mineral leasing. West, Principal Meridian, Montana, Range 22 West, Principal Meridian, DATES: Comments on this proposed was accepted August 24, 1999. Montana, was accepted August 24, withdrawal must be received on or T. 5 N., R. 21 W. 1999. before December 2, 1999. The plat, representing Amended T. 8 N., R. 23 W. ADDRESSES: Comments and/or requests Protraction Diagram 16 of The plat, representing Amended to be heard should be sent to the unsurveyed Township 5 North, Protraction Diagram 16 of Colorado State Director, BLM, 2850 Range 21 West, Principal Meridian, unsurveyed Township 8 North, Youngfield Street, Lakewood, Colorado Montana, was accepted August 24, Range 23 West, Principal Meridian, 80215–7093. Montana, was accepted August 24, 1999. FOR FURTHER INFORMATION CONTACT: T. 5 N., R. 22 W. 1999. Doris E. Chelius, 303–239–3706. The plat, representing Amended The amended protraction diagrams SUPPLEMENTARY INFORMATION: Protraction Diagram 16 of were prepared at the request of the U.S. On August unsurveyed Township 5 North, Forest Service to accommodate Revision 12, 1999, a petition was approved Range 22 West, Principal Meridian, of Primary Base Quadrangle Maps for allowing the Bureau of Land Montana, was accepted August 24, the Geometronics Service Center. Management to file an application to 1999. A copy of the preceding described withdraw lands for the Upper Colorado T. 5 N., R. 23 W. plats of the amended protraction River Special Recreation Management The plat, representing Amended diagrams, accepted August 24, 1999, Area. Protraction Diagram 16 of will be immediately placed in the open 1. The following described public unsurveyed Township 5 North, files and will be available to the public lands will be withdrawn from Range 23 West, Principal Meridian, as a matter of information. settlement, sale, location, or entry under Montana, was accepted August 24, If a protest against these amended the general land laws, including the 1999. protraction diagrams, accepted August mining laws, subject to valid existing T. 6 N., R. 22 W. 24, 1999, as shown on these plats, is rights: The plat, representing Amended received prior to the date of the official Sixth Principal Meridian Protraction Diagram 16 of filings, the filings will be stayed unsurveyed Township 6 North, pending consideration of the protests. T. 1 N., R. 79 W., Sec. 8, S1⁄2SW1⁄4; Range 22 West, Principal Meridian, These particular plats of the amended 1 1 1 Montana, was accepted August 24, Sec. 17, NW ⁄4 and N ⁄2SW ⁄4; protraction diagrams will not be Sec. 18, lot 3. 1999. officially filed until the day after all T. 1 N., R. 80 W., T. 6 N., R. 23 W. protests have been accepted or Sec 13, lots 1 thru 4, inclusive; The plat, representing Amended dismissed and become final or appeals Sec. 14, SW1⁄4SE1⁄4 and a reconveyed Protraction Diagram 16 of from the dismissal affirmed. parcel in the S1⁄2S1⁄2SW1⁄4; 1 1 unsurveyed Township 6 North, FOR FURTHER INFORMATION CONTACT: Sec. 15, lots 9 and 11, S ⁄2S ⁄2, and a 1 1 Range 23 West, Principal Meridian, Bureau of Land Management, 5001 reconveyed parcel in the N ⁄2SW ⁄4; Sec. 16, a reconveyed parcel in the S1⁄2S1⁄2; Montana, was accepted August 24, Southgate Drive (59101), P.O. Box 1999. Sec. 19, NE1⁄4SE1⁄4, and a reconveyed 36800, Billings, Montana 59107–6800. 1 1 T. 7 N., R. 21 W. parcel in the NE ⁄4NE ⁄4 and the 1 1 The plat, representing Amended Dated: August 24, 1999. NW ⁄4NE ⁄4; Sec. 20, lots 2 and 3, S1⁄2N1⁄2, and Protraction Diagram 16 of Daniel T. Mates, NE1⁄4SW1⁄4; Chief Cadastral Surveyor, Division of unsurveyed Township 7 North, Sec. 21, N1⁄2NE1⁄4, S1⁄2NW1⁄4 and a Resources. Range 21 West, Principal Meridian, reconveyed parcel in the N1⁄2N1⁄2NW1⁄4; Montana, was accepted August 24, [FR Doc. 99–22982 Filed 9–2–99; 8:45 am] Sec. 22, lots 1 thru 4, inclusive. 1999. BILLING CODE 4310±DN±P T. 1 N., R. 81 W.,

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Sec. 13, SW1⁄4SW1⁄4; Sixth Principal Meridian Sec. 23, W1⁄2NW1⁄4; 1 1 1 1 Sec. 23, SE ⁄4NW ⁄4, NE ⁄4SW ⁄4, and T. 1 N., R. 80 W., Sec. 24, Tract 76 lying in the E1⁄2NE1⁄4 of NE1⁄4SE1⁄4; Sec. 20, NW1⁄4NW1⁄4. Section 24; Sec. 24, S1⁄2N1⁄2 and N1⁄2SE1⁄4; T. 1 N., R., 81 W., Sec. 26, NW1⁄4NW1⁄4; 1 1 1 1 Sec. 27, N ⁄2, SW ⁄4, and NW ⁄4SE ⁄4; 1 1 1 1 Sec. 28, N ⁄2SW ⁄4 and SW ⁄4SW ⁄4; 1 2 1 4 1 2 1 4 1 1 1 Sec. 27, lots 1 and 2, E ⁄ NE ⁄ , N ⁄ SW ⁄ , Sec. 28, SE ⁄4 and SE ⁄4SW ⁄4; 1 1 Sec. 29, SE ⁄4SE ⁄4. SE1⁄4SW1⁄4, N1⁄2SE1⁄4 and those portions Sec. 32, E1⁄2 and SW1⁄4; T. 1 S., R. 82 W., 1 2 1 4 1 2 1 4 Sec. 33, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, and W1⁄2. of the W ⁄ NE ⁄ and the E ⁄ NW ⁄ Sec. 14, SW1⁄4SW1⁄4; T. 1 S., R. 81 W., exclusive of reconveyed land; Sec. 22, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, and SW1⁄4, Sec. 5, lots 8 and 9; Sec. 28, NE1⁄4SE1⁄4 and Tract 81 lying in Sec. 23. NW1⁄4NW1⁄4; Sec. 6, lots 6, 7, 9 thru 18, inclusive; the SW1⁄4SE1⁄4; Sec. 26, lot 1 and SW1⁄4NW1⁄4; Sec. 7, lots 5 thru 19, inclusive; Sec. 27, lots 1 and 2, inclusive, and Sec. 32, Mineral Survey Nos. 13963, Sec. 18, lots 1 and 2, and E1⁄2NW1⁄4. N1⁄2SE1⁄4; 18347A, and 18671; T. 1 S., R. 82 W., Sec. 33, that portion of Tract 70 lying Sec. 33, Mineral Survey Nos. 18801, 18671, Sec. 12, lots 1 thru 5, inclusive, within the NW1⁄4NW1⁄4. 18347A and B, and that portion of Tract SW1⁄4NE1⁄4, E1⁄2SW1⁄4, SW1⁄4SW1⁄4, and T. 2 S., R. 82 W., 70 lying within the NW1⁄4NW1⁄4 of W1⁄2SE1⁄4. Sec. 4, lot 22; Sec. 13, lots 1 thru 9, inclusive, W1⁄2SW1⁄4 Section 33. Sec. 7, that portion of Tract 41 lying in and that portion of Tract 53 lying T. 2 S., R. 82 W., Section 7. westerly of the centerline of the Colorado Sec. 4, lot 22; The areas described aggregate River; Sec. 5, that portion of Tract 39 lying within approximately 1,020 acres of reserved Sec. 14, SE1⁄4SW1⁄4, E1⁄2SE1⁄4, and 1 1 1 1 1 mineral interests. the S ⁄2SW ⁄4NW ⁄4, and NW ⁄4SW ⁄4. SW1⁄4SE1⁄4; Sec. 7, Tracts 38 and that portion of Tract 1 Sec. 22, SE ⁄4; 3. The following described private or 41 in Section 7. Sec. 23, NE1⁄4, E1⁄2NW1⁄4, N1⁄2S1⁄2, and State owned lands located within the T. 2 S., R. 83 W., S1⁄2SW1⁄4; exterior boundary of the proposed Sec. 23, S1⁄2S1⁄2SE1⁄4SE1⁄4; Sec. 24, lots 1, 2, and 3, NW1⁄4NW1⁄4, and withdrawal would become subject to the 1 1 1 1 1 S1⁄2NW1⁄4; Sec. 26, NE ⁄4NE ⁄4 and NE ⁄4NW ⁄4NE ⁄4. withdrawal if they should pass to Sec. 27, W1⁄2NW1⁄4, SW1⁄4SW1⁄4, and reconveyed parcels in the W1⁄2NE1⁄4 and Federal ownership: The purpose of this withdrawal is to 1 1 the E ⁄2NW ⁄4; Sixth Principal Meridian protect important scenic, resource, and Sec. 28, lots 4 thru 6, inclusive, NE1⁄4NE1⁄4, recreation values and recreation 1 1 1 1 1 1 T. 1 N., R. 79 W., S ⁄2NE ⁄4, NE ⁄4SW ⁄4, NW ⁄4SE ⁄4, and improvements in the Upper Colorado 1 4 1 4 1 2 1 4 SE1⁄4SE1⁄4; Sec. 7, lot 4, SE ⁄ SW ⁄ , and S ⁄ SE ⁄ ; 1 4 1 2 1 4 River Special Recreation Management Sec. 32, lots 1, 3, 4, 5, and 8, SW1⁄4SE1⁄4, Sec. 18, lots 1 and 2, and NE ⁄ , E ⁄ NW ⁄ , those portions of unpatented Mineral NE1⁄4SW1⁄4, and N1⁄2SE1⁄4. Area. 1 T. 1 N., R. 80 W., Survey No. 13963 lying within the E ⁄2 For a period of 90 days from the date of Section 32, and that portion of Tract Sec. 12, S1⁄2S1⁄2; 1 1 of publication of this notice, all parties 82 within the E1⁄2 of Section 32; Sec. 13, N ⁄2 and SW ⁄4; 1 1 1 1 1 1 who wish to submit comments, Sec. 33, lots 1, 3, 4, 5, 6, 8 thru 11, Sec. 14, N ⁄2, N ⁄2S ⁄2, N ⁄2S ⁄2SW ⁄4, and 1 1 suggestions, or objections in connection inclusive, NE1⁄4, E1⁄2NW1⁄4, SW1⁄4NW1⁄4, SE ⁄4SE ⁄4; and the Bona Dea Placer; Sec. 15, lots 8 and 10, S1⁄2NE1⁄4, N1⁄2SE1⁄4, with this proposed action should submit 1 1 1 1 1 1 Sec. 34, lot 1 and NW1⁄4NW1⁄4. N ⁄2NW ⁄4SW ⁄4, and S ⁄2NE ⁄4SW ⁄4; their views in writing to the Colorado T. 2 S., R. 82 W., Sec. 16, N1⁄2S1⁄2 exclusive of horse corral; State Director at the address listed in Sec. 4, lots 12, 14, 15, 17, 18, 19, 26 thru Sec. 17, S1⁄2; 1 1 this order. A public meeting will be 30, inclusive, S1⁄2NW1⁄4, NW1⁄4SW1⁄4, Sec. 18, lots 2, 3, and 4, SE ⁄4NW ⁄4, 1 1 1 scheduled and held on this proposed and the Bona Dea Placer; E ⁄2SW ⁄4, and SE ⁄4; Sec. 5, lots 5, 6, 11, 14 thru 23, inclusive, Sec. 19, lots 1, 2, and 3, W1⁄2NE1⁄4, action and will be conducted in 1 1 1 1 1 1 25 and 26, S1⁄2NE1⁄4, and N1⁄2SE1⁄4; SE ⁄4NE ⁄4, E ⁄2NW ⁄4, NE ⁄4SW ⁄4 and accordance with 43 CFR 2310.3–1(c)(2). Sec. 6, Lots 20, 30, 31, 32, 37, and 38, NW1⁄4SE1⁄4; A notice of the meeting will be 1 1 1 1 S1⁄2NE1⁄4, E1⁄2SW1⁄4, SE1⁄4NW1⁄4 and Sec. 20, N ⁄2N ⁄2, SE ⁄4SW ⁄2, and published in the Federal Register at 1 1 1 4 W ⁄2SW ⁄4; SE ⁄ ; least 30 days prior to the scheduled Sec. 7, lots 5, 6, 7, and 11 thru 21, Sec. 21, N1⁄2NW1⁄4. meeting. inclusive, and NE1⁄4NE1⁄4, SE1⁄4SW1⁄4, T. 1 N., R. 81 W., 1 1 1 1 1 1 and SW1⁄4SE1⁄4; Sec. 13, S ⁄2NE ⁄4, N ⁄2SW ⁄4, SE ⁄4SW ⁄4, This application will be processed in Sec. 18, Lots 5 thru 12, inclusive, 14 thru and SE1⁄4; accordance with the regulations set 1 1 1 17, inclusive. Sec. 14, SE ⁄4 and E ⁄2SW ⁄4; forth in 43 CFR Part 2310. T. 2 S., R. 83 W., Sec. 22, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, S1⁄2SW1⁄4, Sec. 12, lot 4; and SE1⁄4; For a period of two years from the Sec. 13, lots 1 thru 4, inclusive, W1⁄2E1⁄2, Sec. 23, NE1⁄4, N1⁄2NW1⁄4, SW1⁄4NW1⁄4, date of publication in the Federal and E1⁄2SW1⁄4; W1⁄2SW1⁄4, SE1⁄4SW1⁄4, W1⁄2SE1⁄4, and Register, these public lands and public 1 1 1 1 1 1 Sec. 23, E ⁄2NE ⁄4, S ⁄2SW ⁄4, SW ⁄4SE ⁄4, SE1⁄4SE1⁄4; 1 1 1 1 1 minerals will be segregated as specified NE ⁄4SE ⁄4, N ⁄2SE ⁄4SE ⁄4, and Sec. 24, N1⁄2N1⁄2; 1 1 1 1 above, unless the application is denied N ⁄2S ⁄2SE ⁄4SE ⁄4; Sec. 26, NW1⁄4; 1 1 1 Sec. 24, lot 1, W ⁄2E ⁄2, and W ⁄2; Sec. 28, N1⁄2SW1⁄4 and SW1⁄4SW1⁄4; or cancelled or the withdrawal is 1 Sec. 25, NW ⁄4; Sec. 29, SE1⁄4SE1⁄4. approved prior to that date. During this Sec. 26, NW1⁄4NW1⁄4NE1⁄4, S1⁄2NW1⁄4NE1⁄4, T. 1 S., R. 81 W., period the Bureau of Land Management S1⁄2NE1⁄4, and NW1⁄4. Sec. 6, lots 4 and 5; will continue to manage these lands. Sec. 7, Lot l. The areas described aggregate Jenny L. Saunders, approximately 12,236.73 acres of public T. 1 S., R. 82 W., lands in Grand and Eagle Counties. Sec. 12, NW1⁄4SW1⁄4 and that portion of Realty Officer. Tract 37 in the NE1⁄4 of Section 12; [FR Doc. 99–22979 Filed 9–2–99; 8:45 am] 2. The reserved mineral interests in Sec. 13, that portion of Tract 53 lying BILLING CODE 4310±JB±P the following identified privately owned easterly of the centerline of the Colorado lands would be withdrawn from River, and all of Tract 54; location and entry under the U.S. Sec. 14, SW1⁄4SW1⁄4 and NW1⁄4SE1⁄4; mining laws: Sec. 22, NE1⁄4 and SW1⁄4;

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DEPARTMENT OF THE INTERIOR management alternatives in Cuyahoga REVIEW, CONTACT: David Fulton, phone: Valley National Recreation Area. This 612–625–5256. National Park Service information will be used to help the SUPPLEMENTARY INFORMATION: staff at CVNRA develop a deer Title: Assessing Public Reactions To Notice of Submission of Study management strategy that considers Package to Office of Management and Potential Deer Management Program in public desires and concerns relating to Cuyahoga Valley National Recreation Budget; Opportunity for Public management of the CVNRA. Comment Area. There were no public comments Form Number: Not applicable. AGENCY: Department of the Interior; received as a result of publishing in the OMB Number: To be assigned. National Park Service; and Cuyahoga Federal Register a 60 day notice of Expiration Date: To be assigned. Valley National Recreation Area. intention to request clearance of Type of Request: Request for new information collection for this survey. ACTION: Notice and request for clearance. comments. DATES: Public comments will be Description of Need: The National accepted on or before thirty days from Park Service needs information ABSTRACT: The National Park Service is date of publication in the Federal concerning public opinion about deer conducting a study to assess the positive Register. management strategies at Cuyahoga and negative social consequences of SEND COMMENTS TO: Office of Valley National Recreation Area for various potential deer management Information and Regulatory Affairs of planning and management purposes. alternatives in Cuyahoga Valley OMB, Attention Desk Officer for the The propose information to be National Recreation Area (CVNRA). Interior Department, Office of collected regarding the local public This information will be used to help Management and Budget, Washington, served by this park is not available from the staff at CVNRA develop a deer DC 20530. Please also send comments to existing records, sources, or management strategy that considers David C. Fulton, Ph.D., Assistant Unit observations. Automated Data public desires and concerns relating to Leader, Minnesota Cooperative Fish and Collection: At the present time, there is management of the CVNRA. The Wildlife Research Unit, Department of no automated way to gather this following specific study objectives have Fisheries and Wildlife, University of information, since it includes asking been identified: Minnesota, 200 Hodson Hall 1980 visitors to evaluate potential deer 1. Determine the acceptability, Folwell Ave., St. Paul, MN 55108. management activities and the effect of tolerance, and preferences among the Public comments, including names these activities on their views toward local public for: Deer management and addresses of respondents, may be CVNRA and its staff. activities, the perceived positive and made available for public review. Description of Respondents: A sample negative consequences of deer Individual respondents may request that of residents within 9 counties in management activities, and deer their address be withheld from the northeast Ohio near the Cuyahoga population levels; public comment record. This will be Valley National Recreation Area. 2. Identify and determine the honored to the extent allowable by law. Estimated Average Number of intensity of the psychological and There also may be circumstances in Respondents: 600. emotional impacts among the local which a respondent’s identity would be Estimated Average Number of public served by CVNRA due to various withheld from the public comment Responses: Each respondent will deer management actions; record, as allowable by law. If you wish respond only one time, so the number 3. Determine the effect of deer to withhold your name and/or address, of responses will be the same as the management activities on local public you must state this prominently at the number of respondents. attitudes toward the park, its services, beginning of your comment. Estimated Average Burden Hours Per and park staff; Anonymous comments will not be Response: 20 minutes. 4. Determine the degree to which deer considered. Comments from Frequency of Response: One time per management activities may affect park organizations or businesses, and from respondent. visitation patterns among the local individuals identifying themselves as Estimated Annual Reporting Burden: public. representatives or officials of 200 hours. SUMMARY: Under the provisions of the organizations or businesses may be Leonard E. Stowe, Paperwork Reduction Act of 1995 and 5 made available for public inspection in Information Collection Clearance Officer, CFR Part 1320, Reporting and Record their entirety. WASO Administrative Program Center, Keeping Requirements, the NPS invites Copies of the proposed ICR National Park Service. public comment on the proposed requirement can be obtained from David [FR Doc. 99–22948 Filed 9–2–99; 8:45 am] information collection request (ICR). C. Fulton, Ph.D., Assistant Unit Leader, BILLING CODE 4310±70±M Comments are invited on: (1) The need Minnesota Cooperative Fish and for the information including whether Wildlife Research Unit, Department of the information has practical utility; (2) Fisheries and Wildlife, University of DEPARTMENT OF THE INTERIOR the accuracy of the reporting burden Minnesota, 200 Hodson Hall 1980 estimate; (3) ways to enhance the Folwell Ave., St. Paul, MN 55108. National Park Service The OMB has up to 60 days to quality, utility, and clarity of the Notice of Availability of the Finding of approve or disapprove the information information to be collected; and (4) No Significant Impact for the Proposed collection but may respond after 30 ways to minimize the burden of the Land Exchange, George Washington days. Therefore, to ensure maximum information collection on respondents, Memorial Parkway, City of Alexandria consideration, OMB should receive including the use of automated and Arlington County, Virginia collection techniques or other forms of public comments on or before thirty information technology. The purpose of days from date of publication in the AGENCY: Notice of availability of the the proposed ICR is to assess the Federal Register. Finding of No Significant Impact positive and negative social FOR FURTHER INFORMATION OR A COPY OF (FONSI) for the proposed land consequences of various potential deer THE STUDY PACKAGE SUBMITTED FOR OMB exchange, George Washington Memorial

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Parkway, City of Alexandria and purpose of information exchange and initiatives of Alternative C. It would Arlington County, Virginia. receiving public comments on the DEIS. include establishing historic fence All comments received will become part alignments and enlarging the orchard, SUMMARY: Pursuant to the Council of of the public record and copies of conducting archeological research Environmental Quality regulations and comments, including names, addresses regarding the Whitman sawmill site, National Park Service (NPS) policy, NPS and telephone numbers provided by permitting cattle grazing in the pasture prepared an environmental assessment respondents, may be released for public and river oxbow, replicating a Cayuse (EA) for the proposed land exchange, inspection. village on the Walla Walla River George Washington Memorial Parkway, DATES: Comments on the DEIS should floodplain, constructing a new City of Alexandria and Arlington be received no later than November 12, administrative building, and County, Virginia. The availability of the 1999. Public meetings, for the purpose recommending an approximate 450-acre EA for a 30-day public comment period of receiving comments and information boundary adjustment to protect the was announced in the Federal Register exchange, will be held in Walla Walla, foreground viewshed. The DEIS on June 8, 1999, 64 FR 30537. After the WA, on September 29, 1999, 7–9 p.m. evaluates the potential environmental end of the 30-day public comment at the Walla Walla Community College impacts associated with the strategies period, NPS selected the preferred Administrative Building Dining Room, comprising the four alternatives. alternative which is the proposed and in Mission, OR, on September 30, Copies of the Draft General action, followed by a determination that 1999, 6–8 p.m. at the Confederated Management Plan and Environmental the proposed land exchange will not Tribes of the Umatilla Indian Impact Statement can be obtained from cause significant environmental impact. Reservation Yellowhawk Conference Whitman Mission National Historic The National Park Service is desirous of Room. Site, Route 2, Box 247, Walla Walla, WA acquiring the access rights to the George ADDRESSES: 99362–9699. They are also available at Washington Memorial Parkway Written comments on the DEIS should be submitted to public libraries in the Walla Walla area belonging to Commonwealth Atlantic and on the internet at www.NPS.gov. Properties, Inc. (Commonwealth) in the Superintendent, Whitman Mission City of Alexandria, Virginia, as well as National Historic Site, Route 2, Box 247, Dated: August 24, 1999. set-back and height restrictions over Walla Walla, WA 99362–9699, (509) Rory D. Westberg, 29.1 acres of land in Arlington County, 522–6360. Acting Regional Director, Pacific West Region. Virginia, currently owned by SUPPLEMENTARY INFORMATION: This DEIS [FR Doc. 99–22946 Filed 9–2–99; 8:45 am] Commonwealth, and in return is willing for the General Management Plan BILLING CODE 4310±70±P to relinquish the United States’ interests presents a proposed action and three in restricting the use of that 29.1 acres. alternative strategies for guiding future management of the national historic SUPPLEMENTARY INFORMATION: Requests DEPARTMENT OF THE INTERIOR site. Alternative A is a continuation of for copies of the FONSI, or for any current management practices, often Cape Cod National Seashore Advisory additional information, should be referred to as a ‘‘no action’’ alternative. Commission; Notice of Meeting directed to: Mr. John G. Parsons, Alternative B provides a minimum level Associate Regional Director for Lands, Notice is hereby given in accordance of improvements regarding visitor Resources, and Planning, National with the Federal Advisory Committee facilities and interpretation in order to Capital Region, National Park Service, Act (Pub. L. 92–463, 86 Stat. 770, 5 make the visitor experience more 1100 Ohio Drive, SW, Room 220, U.S.C. App 1, section 10), that a meeting rewarding and informative. Washington, D.C., 20242, Telephone: of the Cape Cod National Seashore Alternative C is the ‘‘preferred (202) 619–7025. Advisory Commission will be held on alternative’’ and proposed action by the Friday, October 1, 1999. Dated: August 19, 1999. National Park Service. This alternative The Commission was reestablished Joseph M. Lawler, includes provisions for a three- pursuant to Pub. L. 87–126 as amended dimensional delineation of the original Acting Regional Director, National Capital by Pub. L. 105–280. The purpose of the Region. structures, substitution of native grasses Commission is to consult with the for the existing lawn at the Mission [FR Doc. 99–22949 Filed 9–2–99; 8:45 am] Secretary of the Interior, or his designee, Grounds, a recreational trail along the BILLING CODE 4310±70±M with respect to matters relating to the riparian area of the Walla Walla River, development of Cape Cod National construction of additional exhibit and Seashore, and with respect to carrying DEPARTMENT OF THE INTERIOR administrative space in the visitor out the provisions of sections 4 and 5 center, and possible acquisition by a of the Act establishing the Seashore. National Park Service non-profit land trust of conservation easements on visually sensitive 1. Adoption of Agenda Draft General Management Plan/ properties adjacent to the national 2. Approval of Minutes of Previous Environmental Impact Statement, historic site. In addition, Alternative C Meeting—June 18, 1999 Whitman Mission National Historic 3. Reports of Officers contains a development concept plan to Site, Washington 4. Subcommittee Reports include reconfiguration of the main Off-Road Vehicle Subcommittee AGENCY: National Park Service. parking lot, addition of a group shelter Personal Watercraft Subcommittee ACTION: Notice of availability of Draft to the picnic area, improvements to the Nickerson Fellowship Committee Environmental Impact Statement (DEIS). visitor center entry, construction of 5. Superintendent’s Report: additional administrative space on the Introduce Nancy Finley SUMMARY: This notice announces the administrative wing, and Visitor’s Guide availability of a Draft Environmental reconfiguration of pedestrian access to Land-transfer ceremony Impact Statement (DEIS) for the General the Oregon Trail and the Mission Highlands Center Management Plan, Whitman Mission Grounds. Hatches Harbor National Historic Site. This notice also Alternative D goes beyond the Americorps announces public meetings for the preferred alternative, building on the Water EIS

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Shuttle buses in order to advise the Secretary of the statement or testify at the meeting or News from Washington Interior (the Secretary). who want further information 6. Old Business: II. Review of Legislation: The concerning the meeting may contact Ms. Head of the Meadow Gas Station— Commission will review the following Nancy Young, Executive Secretary to Commercial Certificate legislative proposals: the Commission, at (202) 619–7097. 7. New Business—preparation, elections S. 311 and H.R. 1509, bills to Dated: August 30, 1999. 8. Agenda for next meeting authorize the Disabled Veterans LIFE Joseph M. Lawler, 9. Date for next meeting—November 19, Foundation to establish a memorial in 1999 Regional Director, National Capital Region. the District of Columbia or its environs 10. Public comment [FR Doc. 99–23028 Filed 9–2–99; 8:45 am] 11. Adjournment to honor veterans who became disabled while serving in the Armed Forces of BILLING CODE 4310±70±M The Commission members will meet the United States. at 1:00 p.m. at headquarters, Marconi III. The Commission will continue Station, Wellfleet, Massachusetts for the DEPARTMENT OF THE INTERIOR deliberations on a draft report of its regular business meeting to discuss the review of the Commemorative Works following: National Park Service The meeting is open to the public. It Act of 1986. This report was requested is expected that 15 persons will be able by the Subcommittee on National Parks, Standard Concession Contract; to attend the meeting in addition to Historic Preservation, and Recreation, Revision Commission members. United States Senate Committee on Interested persons may make oral/ Energy and Natural Resources. The ACTION: Proposed revision of the written presentations to the Commission Commission will review National Park Service Standard during the business meeting or file recommendations offered by the Concession Contract. National Capital Planning Commission/ written statements. Such requests SUMMARY: The National Park Service should be made to the park National Capital Memorial Commission/ Commission of Fine Arts Joint Task (NPS) authorizes business entities to superintendent at least seven days prior operate concessions in areas of the to the meeting. Further information Force on Memorials which convened, in part, to assist in an evaluation of that national park system. The agreements concerning the meeting may be obtained embodying these authorizations consist from the Superintendent, Cape Cod Act. The Commission was established by primarily of standard language that National Seashore, 99 Marconi Site incorporate NPS terms and conditions Road, Wellfleet, MA 02667. Public Law 99–652, the Commemorative Works Act, to advise the Secretary and established by law and prudent contract Dated: August 26, 1999. the Administrator, General Services administration. In 1998, Public Law Maria Burks, Administration, (the Administrator) on 105–391 was enacted which in many Superintendent. policy and procedures for establishment significant ways affects the content of [FR Doc. 99–22947 Filed 9–2–99; 8:45 am] of (and proposals to establish) concession contracts to be entered into BILLING CODE 4310±70±M commemorative works in the District of after its effective date. Accordingly, NPS Columbia and its environs, as well as proposes to amend its existing standard such other matters as it may deem concession contract to conform to the DEPARTMENT OF THE INTERIOR appropriate concerning commemorative requirements of Public Law 105–391 and to otherwise make improvements to National Park Service works. The Commission examines each the standard form. NPS, although not legally required to do so, seeks public National Capital Memorial Commission memorial proposal for conformance to comments on the proposed standard Notice of Public Meeting the Commemorative Works Act, and makes recommendations to the concession contract to assist it in the Notice is hereby given in accordance Secretary and the Administrator and to development of a final version as a with the Federal Advisory Committee Members and Committees of Congress. matter of public policy. Act that a meeting of the National The Commission also serves as a source DATES: NPS will accept written Capital Memorial Commission (the of information for persons seeking to comments on the proposed standard Commission) will be held at 2 p.m. on establish memorials in Washington, contract on or before November 2, 1999. Thursday, September 23, 1999, at the D.C., and its environs. ADDRESSES: Comments should be National Building Museum, Room 312, The members of the Commission are addressed to: Concession Program 5th and F Streets, NW., Washington, as follows: Manager, National Park Service, 1849 D.C. ‘‘C’’ Street, NW, Washington, DC 20240. The purpose of the meeting will be to Director, National Park Service Chairman, National Capital Planning FOR FURTHER INFORMATION CONTACT: discuss currently authorized and Commission Wendelin Mann, Concession Program, proposed memorials in the District of Architect of the Capitol National Park Service, 1849 ‘‘C’’ Street, Columbia and environs. In addition to discussing general Chairman, American Battle Monuments NW, Washington, DC 20240 (202/565– matters and routine business, the Commission 1219). agenda is expected to include the Chairman, Commission of Fine Arts SUPPLEMENTARY INFORMATION: Public following: Mayor of the District of Columbia Law 105–391, enacted on November 13, I. Consultation: Memorial proponents Administrator, General Services 1998, among other matters, amended the will consult with the Commission on Administration statutory policies and procedures under aspects of these authorized memorials: Secretary of Defense which NPS operated its concession Site selection alternatives for the The meeting will be open to the program. The new law requires Benjamin Banneker Memorial along the public. Any person may file with the adoption of new regulations governing L’Enfant Promenade. Commission a written statement the award, content and management of The Commission will consider these concerning the matters to be discussed. concession contracts. On June 30, 1999, matters and take action as appropriate Persons who wish to file a written NPS published for public comment

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.145 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48421 proposed regulations implementing the A. Employees Sec. 19 General Provisions new law. The proposed standard B. Employee Housing, Meals, and Exhibits concession contract set forth in this Recreation Exhibit ‘‘A’’: Nondiscrimination notice reflects the requirements of the Sec. 5 Legal, Regulatory, Policy Compliance Exhibit ‘‘B’’: Assigned Land, Real Property A. Legal, Regulatory, Policy Compliance Improvements new law and the concomitant B. Notice Exhibit ‘‘C’’: Assigned Government requirements of the proposed C. How and Where to Send Notice Personal Property regulations. It also reflects a variety of Sec. 6 Environmental and Cultural Exhibit ‘‘D’’: Leasehold Surrender Interest improvements NPS wishes to make to Protection as of the Effective Date of This Contract its standard concession contract, A. Environmental Protection Exhibit ‘‘E’’: Insurance Requirements including a new organizational structure B. Protection of Cultural and Archeological Exhibit ‘‘F’’: Maintenance Plan for the sake of clarity. NPS is not Resources Exhibit ‘‘G’’: Operating Plan publishing for public comment the Sec. 7 Interpretation of Area Resources Exhibit ‘‘H’’: Construction, Installation A. Concessioner Obligations various exhibits that will be attached to Approval Procedures B. Director Review of Content Exhibit ‘‘X’’: 36 CFR Part 51 the standard contract. The exhibits only C. Provision of Interpretation Not encompass legally mandated provisions, Exclusive [Corporation] ministerial procedures under the terms Sec. 8 Concession Facilities Used In This Contract is made and entered of the standard concession contract, or Operation by Concessioner into by and between the United States documents that will substantially vary A. Assignment of Concession Facilities of America, acting in this matter by the from contract to contract. These exhibits B. Concession Facilities Withdrawals Director of the National Park Service, will be publicly available after adoption C. Effect of Withdrawal through the Regional Director of the D. Right of Entry llll Region, hereinafter referred to of the standard contract language. NPs E. Personal Property plans to adopt both the new regulations F. Condition of Concession Facilities as the ‘‘Director,’’ and, a corporation and the new standard concession G. Utilities Provided by the Director organized and existing under the laws of contract contemporaneously after due H. Utilities Not Provided by the Director the State of llllll doing business consideration of all public comments Sec. 9 Construction or Installation of as hereinafter referred to as the received on both documents. Concession Facilities ‘‘Concessioner’’: NPS, after adoption of the new A. Construction of Real Property [Partnership] regulations and the new standard Improvements B. Removal of Concession Facilities This Contract is made and entered contract, also intends to develop and into by and between the United States adopt a ‘‘short-form’’ concession C. Leasehold Surrender Interest D. Concession Facilities Improvement of America, acting in this matter by the contract that will be used for smaller Program Director of the National Park Service, concession operations that do not Sec. 10 Maintenance through the Regional Director of the involve the concessioner obtaining a A. Maintenance Obligation llll Region, hereinafter referred to compensable interest in real property B. Maintenance Plan as the ‘‘Director’’, and of llllll, located on park area lands. C. Maintenance Reserve llllll, and llllll of, Sec. 11 Fees partners, doing business as, pursuant to United States Department of the Interior A. Franchise Fee a partnership agreement dated llll, National Park Service B. Payments Due with the principal place of business at lllllllllllllllllllll C. Reconsideration of Franchise Fee llll, hereinafter referred to as the [Name of Area] Sec. 12 Indemnification and Insurance lllllllllllllllllllll A. Indemnification ‘‘Concessioner’’: [Site] B. Insurance in General [Sole Proprietorship] lllllllllllllllllllll C. Commercial Public Liability This Contract made and entered into [Type of Service] D. Property Insurance by and between the United States of Sec. 13 Bonds and Liens Concession Contract No. lllllllll America, acting in this matter by the lllllllllllllllllllll A. Bonds B. Liens Director of the National Park Service, [Name of Concessioner] Sec. 14 Accounting Records and Reports through the Regional Director of the lllllllllllllllllllll llll lllllllllllllllllllll A. Accounting System Region, hereinafter referred to B. Annual Financial Report as the ‘‘Director,’’ and, an individual of, [Address, including email address and phone C. Other Financial Reports llllll number] doing business as , Sec. 15 Other Reporting Requirements hereinafter referred to as the Doing Business As A. Insurance Certification lllllllllllllllllllll ‘‘Concessioner’’: B. Environmental Reporting lllllllllll Covering the Period C. Miscellaneous Reports and Data WITNESSETH through lllllllllllllllll Sec. 16 Suspension and Termination That Whereas, [Name of Park, Concession Contract A. Suspension B. Termination Recreation Area, etc.] is administered by Table of Contents C. Bankruptcy or Insolvency the Director as a unit of the national Identification of the Parties D. Requirements in the Event of park system to conserve the scenery and Purpose and Authorities Termination the natural and historic objects and the Sec. 1 Term of Contract Sec. 17 Compensation wild life therein, and to provide for the Sec. 2 Definitions A. Just Compensation public enjoyment of the same in such Sec. 3 Services and Operations B. Compensation for Contract expiration or manner as will leave such Area A. Required and Authorized Visitor termination unimpaired for the enjoyment of future Services C. Compensation when Contract generations; and B. Operation and Quality of Operation Terminated for Default C. Operating Plan D. Procedures for Establishing the Value of Whereas, to accomplish these D. Merchandise and Services a Leasehold Surrender Interest purposes, the Director has determined E. Rates E. Compensation for Personal Property that certain visitor services are F. Impartiality as to Rates and Services Sec. 18 Assignment, Sale or Encumbrance necessary and appropriate for the public Sec. 4 Concessioner Personnel of Interests use and enjoyment of the Area and

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.264 pfrm08 PsN: 03SEN1 48422 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices should be provided for the public (g) ‘‘Gross Receipts’’ means the total Surrender Interest shall have the visiting the Area; and amount received or realized by, or meaning set forth in 36 CFR Part 51 as Whereas, the Director desires the accruing to, the Concessioner from all of the effective date of this Contract. Concessioner to establish and operate sales for cash or credit, of services, (k) ‘‘Major Rehabilitation’’ shall have these visitor services at reasonable rates accommodations, materials, and other the meaning set forth in 36 CFR Part 51 under the supervision and regulation of merchandise made pursuant to the as of the effective date of this Contract. the Director; rights granted by this Contract, (l) ‘‘Possessory Interest’’ shall have Now, Therefore, pursuant to the including gross receipts of the meaning set forth in 36 CFR Part 51. authority contained in the Acts of subconcessioners as herein defined, (m) ‘‘Real Property Improvements’’ August 25, 1916 (16 U.S.C. 1, 2–4), and commissions earned on contracts or means real property other than land, November 13, 1998 (Pub. L. 105–391), agreements with other persons or including, but not limited to, capital and other laws that supplement and companies operating in the Area, and improvements. amend the Acts, the Director and the gross receipts earned from electronic (n) ‘‘Superintendent’’ means the Concessioner agree as follows: media sales, but excluding: manager of the Area. (i) Intracompany earnings on account Sec. 1 Term of Contract of charges to other departments of the (o) ‘‘Visitor services’’ means the This Concession Contract No. llll operation (such as laundry); accommodations, facilities and services (‘‘Contract’’) shall be effective as of (ii) Charges for employees’ meals, that the Concessioner is required and llllll, and shall be for the term of authorized to provide by section 3(a) of llll ll lodgings, and transportation; [approximately] ( ) years from (iii) Cash discounts on purchases; this Contract. llll, 20lll, [if the Concessioner (iv) Cash discounts on sales; Sec. 3 Services and Operations satisfactorily completes the Concession (v) Returned sales and allowances; Facilities Improvement program described in (vi) Interest on money loaned or in (a) Required and Authorized Visitor Section 9(e) of this Contract. If the Services Concessioner fails to complete this program bank accounts; to the satisfaction of the Director within the (vii) Income from investments; During the term of this Contract, the time specified, then this Contract shall be for (viii) Income from subsidiary Director requires and authorizes the llll lll the term of ( ) years from companies outside of the Area; Concessioner to provide the following llll (ix) Sale of property other than that .] visitor services for the public within the purchased in the regular course of Area: Sec. 2 Definitions business for the purpose of resale; The following terms used in this (x) Sales and excise taxes that are (1) Required Visitor Services. The Contract will have the following added as separate charges to approved Concessioner is required to provide the meanings, which apply to both the sales prices, gasoline taxes, fishing following visitor services during the singular and the plural forms of the license fees, and postage stamps, term of this Contract: defined terms: provided that the amount excluded [Provide detailed description of required (a) ‘‘Applicable Laws’’ means the laws shall not exceed the amount actually services. Broad generalizations such as ‘‘any of Congress governing the Area, due or paid government agencies; and all facilities and services customary in including, but not limited to, the rules, (xi) Receipts from the sale of such operations’’ or ‘‘such additional regulations, requirements and policies handcrafts that have been approved for facilities and services as may be required’’ are not to be used. A provision stating ‘‘The promulgated under those laws, whether sale by the Director as constituting Concessioner may provide services now in force, or amended, enacted or authentic American Indian, Alaskan incidental to the operations authorized promulgated in the future, including, Native, Native Samoan, or Native hereunder at the request and written without limitation, federal, state and Hawaiian handicrafts. approval of the Director’’ is acceptable.] local laws, rules, regulations, All monies paid into coin operated requirements and policies governing devices, except telephones, whether (2) Authorized Visitor Services. The nondiscrimination, protection of the provided by; the Concessioner or by Concessioner is authorized but not environment and/or protection of public others, shall be included in gross required to provide the following visitor health and safety. receipts. However, only revenues services during the term of this (b) ‘‘Area’’ means the property within actually received by the Concessioner Contract: the boundaries of [Name of Park Unit]. from coin-operated telephones shall be [Provide detailed description of authorized (c) ‘‘Capital Improvement’’ shall have included in gross receipts. All revenues services.] the meaning set forth in 36 CFR Part 51 received from charges for in-room (b) Operation and Quality of Operation as of the effective date of this Contract. telephone or computer access shall be (d) ‘‘Concession Facilities’’ shall mean included in gross receipts. The Concessioner shall provide, all Area lands assigned to the (h) ‘‘Gross receipts of operate and maintain the required and Concessioner under this Contract and subconcessioners’’ means the total authorized visitor services and any all real property improvements assigned amount received or realized by, or related support facilities and services in to or constructed by the Concessioner accruing to, subconcessioners from all accordance with this Contract to such under this Contract. The United States sources, as a result of the exercise of the an extent and in a manner considered retains title and ownership to all rights conferred by subconcession satisfactory by the Director. The Concession Facilities. contracts hereunder without Concessioner shall provide the plant, (e) ‘‘Director’’ means the Director of allowances, exclusions or deductions of personnel, equipment, goods, and the National Park Service and his duly any kind or nature whatsoever. commodities necessary for providing, authorized representatives unless (i) ‘‘Leasehold Surrender Interest’’ operating and maintaining the required otherwise indicated. shall have the meaning set forth in 36 and authorized visitor services in (f) ‘‘Exhibit’’ or ‘‘Exhibits’’ shall mean CFR Part 51 as of the effective date of accordance with this Contract. The the various exhibits, which are attached this Contract. Concessioner’s authority to provide to this Contract, each, of which is (j) ‘‘Leasehold Surrender Interest visitor services under the terms of this hereby made a part of this Contract. Value’’ or the ‘‘value’’ of a Leasehold Contract is non-exclusive.

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(c) Operating Plan employees to observe a strict (5) The Concessioner shall hire, to the The Director, acting through the impartiality as to rates and services in greatest extent possible, people who are Superintendent, shall establish and all circumstances. The Concessioner both interested in serving the public in revise, as necessary, specific shall comply with all Applicable Laws a national park environment and requirements for the operations of the relating to nondiscrimination in interested in being positive contributors Concessioner under this Contract in the providing visitor services to the public to the park’s purpose. form of an Operating Plan (including, including, without limitation, those set (6) The Concessioner shall ensure that without limitation, a risk management forth in Exhibit ‘‘A.’’ its employees are provided the training program, that must be adhered to by the (2) The Concessioner may grant needed to provide quality visitor Concessioner). The initial Operating complimentary or reduced rates under services and to maintain up-to-date job Plan is attached to this Contract as such circumstances as are customary in skills. (7) The Concessioner shall review the Exhibit ‘‘G.’’ The Director in his businesses of the character conducted conduct of any of its employees whose discretion, after consultation with the under this Contract. However, the action or activities are considered by the Concessioner, may make modifications Director reserves the right to review and Concessioner or the Director to be to the initial Operating Plan provided modify Concessioner’s complimentary inconsistent with the proper that these modifications shall not be or reduced rate policies and practices. administration of the Area and inconsistent with the terms and (3) The Concessioner will provide enjoyment and protection of visitors and conditions of the main body of this Federal employees conducting official Contract. shall take such actions as are necessary business reduced rates for lodging, to fully correct the situation. (d) Merchandise and Services essential transportation and other (8) The Concessioner shall maintain, specified services necessary for (1) The Director reserves the right to to the greatest extent possible, a drug conducting official business in free environment, both in the workplace determine and control the nature, type accordance with guidelines established and quality of the visitor services and in any employee housing within the by the Director. Complimentary or Area. described in this Contract, including, reduced rates and charges shall but not limited to, the nature, type, and (9) The Concessioner shall publish a otherwise not be provided to Federal statement notifying employees that the quality of merchandise, if any, to be employees by the Concessioner except sold or provided by the Concessioner unlawful manufacture, distribution, to the extent that they are equally dispensing, possession, or use of a within the Area. available to the general public. (2) All material, regardless of media controlled substance is prohibited in the format (i.e., printed, electronic, Sec. 4 Concessioner Personnel workplace and in the Area, and broadcast media), provided to the public specifying the actions that will be taken (a) Employees by the Concessioner, including against employees for violating this promotional material, must be approved (1) The Concessioner shall provide all prohibition. In addition, the in writing by the Director prior to use. personnel necessary to provide the Concessioner shall establish a drug-free All such material will identify the visitor services required and authorized awareness program to inform employees Concessioner as an authorized by this Contract. about the danger of drug abuse in the Concessioner of the National Park (2) The Concessioner shall comply workplace and the Area, the availability Service, Department of the Interior. with all Applicable Laws relating to of drug counseling, rehabilitation and (3) The Concessioner, where employment and employment employee assistance programs, and the applicable, will develop and implement conditions, including, without Concessioner’s policy of maintaining a a plan satisfactory to the Director that limitation, those identified in Exhibit drug-free environment both in the will assure that all gift merchandise, if ‘‘A.’’ workplace and in the Area. any, to be sold or provided reflects the (10) The Concessioner shall take (3) The Concessioner shall ensure that purpose and significance of the Area, appropriate personnel action, up to and its employees are hospitable and including, but not limited to, including termination or requiring exercise courtesy and consideration in merchandise that reflects the satisfactory participation in a drug their relations with the public. The conservation of the Area’s resources or abuse or rehabilitation program which is Concessioner shall have its employees the Area’s geology, wildlife, plant life, approved by a Federal, State, or local who come in direct contact with the archeology, local Native American health, law enforcement or other public, so far as practicable, wear a culture, local ethnic culture, and appropriate agency, for any employee uniform or badge by which they may be historic significance. that violates the prohibition on the identified as the employees of the unlawful manufacture, distribution, (e) Rates Concessioner. dispensing, possession, or use of a All rates and charges to the public by (4) The Concessioner shall establish controlled substance. the Concessioner for visitor services pre-employment screening, hiring, shall be reasonable and appropriate for training, employment, termination and (b) Employee Housing, Meals and the type and quality of facilities and/or other policies and procedures for the Recreation services required and/or authorized purpose of providing visitor services (1) If the Concessioner is required to under this Contract. The Concessioner’s through its employees in an efficient provide employee housing under this rates and charges to the public must be and effective manner and for the Contract, the housing must be in good approved by the Director in accordance purpose of maintaining a healthful, law condition and must meet employee with rate approval procedures and abiding, and safe working environment needs. The Concessioner’s charges to its guidelines promulgated by the Director for its employees. The Concessioner employees for this housing must be from time to time. shall conduct appropriate background reasonable. reviews of applicants for employment to (2) If the visitor services required and/ (f) Impartiality as to Rates and Services assure that they conform to the hiring or authorized under this Contract are (1) In providing visitor services, the policies established by the located in a remote or isolated area, the Concessioner must require its Concessioner. Concessioner shall provide adequate

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The Concessioner presence, acceptable concentration, or (a) Legal, Regulatory and Policy shall be financially responsible for remediation of any hazardous or toxic Compliance environmental audits that may be substance, material, or waste of any required by the Director for each three- This Contract, operations thereunder kind, including building materials such year period of this Contract. by the Concessioner and the as asbestos, or any contaminant, (2) The Concessioner shall obtain the pollutant, petroleum, petroleum product administration of it by the Director shall Director’s approval prior to using any be subject to all Applicable Laws. The or petroleum by-product received by chemicals, pesticides, any hazardous or Concessioner. Concessioner must comply with all toxic substance, material, or waste of Applicable Laws in fulfilling its any kind, including building materials (7) The Concessioner, at its sole cost obligations under this Contract at the such as asbestos, or any contaminant, and expense, shall promptly rectify any Concessioner’s sole cost and expense. pollutant, petroleum, petroleum product discharge or release as set forth in this Certain Applicable Laws governing or petroleum by-product. section or any threatened or actual protection of the environment are (3) The Concessioner shall monitor, violation as set forth in this section, further described in this Contract. test, maintain, repair, upgrade, replace, including, but not limited to, payment Certain Applicable Laws relating to remove, or mitigate, in accordance with of any fines or penalties imposed nondiscrimination in employment and Applicable Laws and in accordance thereon. providing accessible facilities and with the requirements of the Director: (8) The Concessioner shall indemnify services to the public are further (i) Any discharge, release or the United States in accordance with described in this Contract. threatened release (whether solid, liquid section 12 of the Contract from losses, (b) Notice or gaseous in nature) of any hazardous damages or judgements (including, or toxic substance, material, or waste of The Concessioner shall give the without limitation, fines and penalties) any kind, including building materials and expenses (including, without Director immediate written notice of such as asbestos, or any contaminant, any violation of Applicable Laws and, at limitation, attorneys fees and experts pollutant, petroleum, petroleum product fees) arising out of the activities of the its sole cost and expense, must or petroleum by-product on or to the promptly rectify any such violation. Concessioner pursuant to this section. Area, including soil, surface water or Such indemnification shall survive (c) How and Where To Send Notice groundwater; termination of this Contract. (ii) Any materials, equipment, and All notices required by this Contract, facilities associated with such (9) If the Concessioner does not shall be in writing and shall be served discharge, release or threatened release; promptly rectify the discharge or release on the parties at the following or (whether solid, liquid or gaseous in addresses. The mailing of a notice by (iii) Any materials, equipment and nature) of any hazardous or toxic registered or certified mail, return facilities used in the handling, storage, substance, material, or waste of any receipt requested, shall be sufficient disposal, transport or other use of any kind, including building materials such service. Notices sent to the Director such hazardous or toxic substance, as asbestos, or any contaminant, shall be sent to the following address: material, or waste of any kind, including pollutant, petroleum, petroleum product Superintendent building materials such as asbestos, or or petroleum by-product, the Director Park name any contaminant, pollutant, petroleum, may, in its sole discretion and after Address petroleum product or petroleum by- notice to Concessioner, take any such Attention: product. action the Director deems necessary to Notices sent to the Concessioner shall (4) The Concessioner shall timely minimize, remediate, or otherwise clean be sent to the following address: contact, notify and/or otherwise confer up such release or discharge, and Concessioner with appropriate federal, state and/or recover any costs associated with such Address local agencies with respect to any action from the Concessioner upon Attention: reporting obligation arising out of demand. Concessioner’s operations under this (10) Even if not specifically required Sec. 6 Environmental and Cultural Contract and the Concessioner shall by Applicable Laws, the Concessioner Protection simultaneously provide notice of such shall comply with directives of the (a) Environmental Protection contact to the Director and allow the Director to clean up or remove any Director the opportunity to participate (1) In addition to complying with all materials, product or by-product used, in any such proceedings. handled, stored, disposed, transported Applicable Laws pertaining to the (5) The Concessioner shall give the onto or into the Area by the protection of natural resources within Director immediate notice of any Concessioner to ensure that the Area the area, the Concessioner will conduct discharge, release or threatened release remains in good condition. its operation, construction, (whether solid, liquid or gaseous in maintenance, acquisition, and provision nature) of any hazardous or toxic (11) The Concessioner shall be of visitor services in a manner that substance, material, or waste of any responsible for managing weeds, prevents or reduces environmental kind, including building materials such harmful insects, rats, mice and other degradation and that promotes the use as asbestos, or any contaminant, pests on all lands and improvements of environmentally beneficial products. pollutant, petroleum, petroleum product assigned to the Concessioner under this The Concessioner will develop, or petroleum by-product. Contract. All such weed and pest pursuant to guidelines provided by the (6) The Concessioner shall give the management activities shall be in Director, and carry out, to the Director immediate written notice of accordance with guidelines established satisfaction of the Director, a any threatened or actual notice of by the Director.

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(c) Protection of Cultural and (i) Certain parcels of Area land as goods, necessary for its operations Archeological Resources described in Exhibit B upon which, under this Contract. (2) Personal Property Provided by the The Concessioner shall ensure that among other matters, the Concessioner Government. The Director may provide any protected sites and archeological may be authorized to construct real certain items of government personal resources within the Area are not property improvements; and property and equipment for the disturbed or damaged by the (ii) Certain real property Concessioner’s use in the performance Concessioner, including the improvements described in Exhibit B in of this Contract. The Director hereby Concessioner’s employees, existence as of the effective date of this assigns government personal property subcontractors or agents, except in Contract, as may be modified from time and equipment listed in Exhibit C to the accordance with Applicable Laws, and to time to include additional real Concessioner as of the effective date of only with the prior approval of the property improvements completed in this Contract. This Exhibit C will be Director. Discoveries of any accordance with the terms and modified from time to time by the archeological resources by Concessioner conditions of this Contract. Director as items may be withdrawn or shall be promptly reported to the (2) The Director shall from time to additional items added. The Director. The Concessioner shall cease time amend Exhibit B to reflect changes Concessioner shall be accountable to the work or other disturbance which may in Concession Facilities assigned to Director for the government personal impact any protected site or Concessioner, including, without property and equipment assigned to it archeological resource until the Director limitation, real property improvements and shall be responsible for maintaining grants approval, upon such terms and completed in accordance with the terms the property and equipment as conditions as the Director deems and conditions of this Contract. necessary to keep it in good and necessary, to continue such work or (b) Concession Facilities Withdrawals operable condition. If the property other disturbance. The Director may withdraw all or ceases to be serviceable, it shall be Sec. 7 Interpretation of Area Resources portions of these Concession Facilities returned to the Director for disposition. (a) Concessioner Obligations assignments at any time during the term (f) Condition of Concession Facilities of this Contract if: Concessioner has inspected the (1) The Concessioner shall provide all (1) The withdrawal is for the purpose Concession Facilities and any assigned visitor services in a manner that is of enhancing or protecting Area government personal property, is consistent with and supportive of the resources or visitor enjoyment or safety; thoroughly acquainted with their interpretive themes, goals and objectives (2) The operations utilizing the condition, and accepts the Concession of the Area. assigned Concession Facilities have Facilities, and any assigned government (2) The Concessioner may assist in been terminated or suspended by the personal property, ‘‘as is.’’ Area interpretation at the request of the Director; or Director to enhance visitor enjoyment of (3) Land or real property (g) Utilities Provided by the Director the Area. Any additional visitor services improvements assigned to the that may result from this assistance The Director may provide utilities to Concessioner are no longer necessary for the Concessioner for use in connection must be recognized in writing through the concession operation. written amendment of Section 3 of this with the operations required and/or Contract. (c) Effect of Withdrawal authorized under this Contract when available at rates to be fixed by the (b) Director Review of Content Any permanent withdrawal of Director under applicable guidelines. assigned Concession Facilities which The Concessioner must submit the the Director considers as essential for (h) Utilities Not Provided by the proposed content of any interpretive the Concessioner to provide the visitor Director programs, exhibits, materials or displays services required by this Contract will If the Director does not provide these to the Director for review and approval be treated by the Director as a utilities, the Concessioner shall, with prior to offering such programs, exhibits termination of this Contract pursuant to the written approval of the Director and or displays to Area visitors. Section 16. The Concessioner will be under any requirements that the (c) Provision of Interpretation Not compensated pursuant to Section 17 for Director shall prescribe, secure Exclusive the value of any Leasehold Surrender necessary utilities at its own expense Interest it may have, if any, in Notwithstanding any provision of this from sources outside the Area or shall permanently withdrawn Concession Contract to the contrary, the Director install the utilities within the Area with Facilities. No other compensation is due retains the right to provide Area the written permission of the Director, the Concessioner in these interpretation, including without subject to the following conditions: circumstances. (1) Any water rights deemed limitation, the conduct of interpretive necessary by the Concessioner for use of programs and the sale of interpretive (d) Right of Entry water on Area or other federal lands materials, directly or through The Director shall have the right at must be acquired at the Concessioner’s cooperative or other agreements with any time to enter upon or into the expense in accordance with applicable third parties, as the Director determines Concession Facilities assigned to the State procedures and law. Upon to be necessary or appropriate. Concessioner under this Contract for expiration or termination of this Sec. 8 Concession Facilities Used in any purpose he may deem necessary for Contract for any reason, the Operations by Concessioner the administration of the Area. Concessioner must assign these water rights to the United States without (a) Assignment of Concession Facilities (e) Personal Property compensation, and these water rights (1) The Director hereby assigns the (1) Personal Property Provided by the will become the property of the United following Concession Facilities to the Concessioner. The Concessioner shall States; Concessioner for the purposes of this provide all personal property, including (2) If requested by the Director, the Contract: removable equipment, furniture and Concessioner must provide to the

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Director any utility service provided by promptly, upon the request of the Department of Commerce’s the Concessioner under this section to Director, restore the site as nearly as ‘‘Construction Review.’’ such extent as will not unreasonably practicable to its original condition. (2) The Concession Facilities restrict anticipated use by the Improvement Program shall include: (c) Leasehold Surrender Interest Concessioner. Unless otherwise agreed [Provide detailed description of the by the Concessioner and the Director, (1) This Contract hereby provides the Concession Facilities Improvement Program.] the rate per unit charged the Director for Concessioner, subject to all applicable definitions, requirements and (3) The Concessioner shall commence such service shall be approximately the construction under the Concession average cost per unit of providing such limitations of 36 CFR Part 51 as it existed as of the effective date of this Facilities Improvement Program on or service; and before llll in a manner that (3) All appliances and machinery to Contract, a Leasehold Surrender Interest in Capital Improvements constructed by demonstrates to the satisfaction of the be used in connection with the Director that the Concessioner is in good privileges granted in this Section, as the Concessioner under the terms of this Contract, including, but not limited to, faith carrying the Concession Facilities well as the plans for location and Improvement Program forward installation of such appliances and those Capitol Improvements constructed as part of the Concession Facilities reasonably under the circumstances. No machinery, shall first be approved by construction may begin until the the Director. Improvement Program and those Capitol Improvements which result from the Concessioner receives written approval Sec. 9 Construction or Installation of major rehabilitation, as defined by 36 from the Director of plans and Real Property Improvements CFR Part 51, of an existing real property specifications in accordance with improvement. Upon completion of a Exhibit H. During the period of (a) Construction of Real Property construction, the Concessioner shall Improvements major rehabilitation by the Concessioner, an existing real property provide the Director with such evidence The Concessioner may construct or improvement assigned to the or documentation, as may be install upon lands assigned to the Concessioner in which the Concessioner satisfactory to the Director, to Concessioner under this Contract only had no Leasehold Surrender Interest demonstrate that the Concession those real property improvements that prior to the major rehabilitation shall be Facilities Improvement Program duly is are determined by the Director to be considered as a Capital Improvement for being carried forward. The Concessioner necessary and appropriate for the all purposes of this Contract. shall complete and have the conduct by the Concessioner of the improvements and buildings available (2) This Contract also provides the lll visitor services required and/or Concessioner a Leasehold Surrender for public use on or before . authorized under this Contract. Interest in real property improvements Sec. 10 Maintenance Construction or installation of real resulting from possessory interest property improvements may occur only obtained under the terms of a (a) Maintenance Obligation after the written approval by the possessory interest concession contract The Concessioner shall be solely Director of their location, plans, and where required by 36 CFR Part 51 as it responsible for maintenance, repairs, specifications. The form and content of existed as of the effective date of this housekeeping, and groundskeeping for the application and the procedures for Contract. Exhibit D to this Contract all Concession Facilities to the such approvals, as may be modified by describes the real property satisfaction of the Director. the Director from time to time, are set improvements in which the (b) Maintenance Plan forth in Exhibit H. All real property Concessioner has such a Leasehold improvements constructed or installed Surrender Interest and states the value For these purposes, the Director, by Concessioner will immediately of this Leasehold Surrender Interest as acting through the Superintendent, shall become the property of the United of the effective date of this Contract. undertake appropriate inspections, and States and be considered Concession (3) The Concessioner shall not obtain shall establish and revise, as necessary, Facilities. Leasehold Surrender Interest under this a Maintenance Plan consisting of Contract except as may be provided in specific maintenance requirements (b) Removal of Real Property 36 CFR Part 51 as it exists as of the which shall be adhered to by the Improvements effective date of this Contract. Among Concessioner. The initial Maintenance (1) The Concessioner may not remove, other matters, no Leasehold Surrender Plan is set forth in Exhibit F. The dismantle, or demolish real property Interest shall be obtained as a result of Director in his discretion may modify improvements without the prior expenditures from the Maintenance the Maintenance Plan from time to time approval of the Director. Reserve described in this Contract and after consultation with the (2) Any salvage resulting from the this Contract does not provide a Concessioner. Such modifications shall authorized removal, severance or Leasehold Surrender Interest as a result not be inconsistent with the terms and demolition of a Capital Improvement of expenditures for repair and conditions of the main body of this shall be the property of the maintenance of Concession Facilities of Contract. Concessioner. Any salvage resulting any nature. (c) Maintenance Reserve from the authorized removal, severance or demolition of real property (d) Concession Facilities Improvement [No Maintenance Reserve is included in this improvements other than a Capital Program Contract.] or Improvement shall be the property of (1) The Concessioner shall undertake (1) The Concessioner shall establish the United States. and complete an improvement program and manage a Maintenance Reserve. The (3) In the event that an assigned real (hereinafter ‘‘Concession Facilities funds in this Reserve shall be used to property improvement is removed, Improvement Program’’) costing not less carry out, on a project basis, repair and abandoned, demolished, or substantially than $llll as adjusted for each maintenance of Concession Facilities destroyed and no other improvement is project to reflect par value in the year that are non-recurring within a seven constructed on the site, the of actual construction in accordance year time frame. Such projects may Concessioner, at its expense, shall with the appropriate indexes of the include repair or replacement of

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For carried out by the Concessioner as the Contract a franchise fee equal to the purposes of this section, the phrase Director shall direct in writing in llll percent (ll%) of the ‘‘probable value’’ means a reasonable advance of any expenditure being made Concessioner‘s Gross Receipts for the opportunity for net profit in relation to and in accordance with project preceding year or portion of a year. capital invested and the obligations of proposals approved by the Director. No (2) Neither the Concessioner nor the this Contract. projects may be commenced until the Director shall have a right to an (2) The Concessioner must make a Concessioner receives written approval adjustment of the fees except as request for a reconsideration by mailing, from the Director. provided below. The Concessioner has within thirty (30) days from the date (2) Projects paid for with funds from no right to waiver of the fees under any that the Concessioner becomes aware, or the Maintenance Reserve will not circumstances. should have become aware, of the include routine, operational possible extraordinary, unanticipated (b) Payments Due maintenance of facilities or changes, a written notice to the Director housekeeping and groundskeeping (1) The franchise fee shall be due on that includes a description of the activities. Nothing in this section shall a monthly basis at the end of each possible extraordinary, unanticipated lessen the responsibility of the month and shall be paid by the changes and why Concessioner believes Concessioner to carry out the Concessioner in such a manner that the they will significantly effect the maintenance and repair of Concession Director shall receive payment within probable value of the privileges granted Facilities as required by this Contract fifteen (15) days after the last day of by this Contract. A government official from Concessioner funds exclusive of each month that the Concessioner subordinate to the Director may also the funds contained in the Maintenance operates. This monthly payment shall initiate such a reconsideration by so Reserve. include the franchise fee equal to the notifying the Concessioner in (3) The Concessioner shall establish specified percentage of gross receipts for accordance with this section. within its accounting system a the preceding month. (3) If a franchise fee reconsideration is Maintenance Reserve. The Concessioner (2) The Concessioner shall pay any timely initiated in this manner, the shall debit to this Reserve, within fifteen additional fee amounts due at the end Director shall make a written (15) days after the last day of each of the operating year as a result of determination as to whether month that the Concessioner operates a adjustments at the time of submission of extraordinary, unanticipated changes sum equal to: lll percent (ll%) of the Concessioner’s Annual Financial exist. If a subordinate official to the the Concessioner’s Gross Receipts for Report. Overpayments shall be offset Director initiated the reconsideration, the previous month. If the Concessioner against the following year’s fees. an official appointed by the Director fails to make timely debits to the (3) All franchise fee payments other than the subordinate initiating Maintenance Reserve, the Director may consisting of $10,000 or more, shall be official shall make the determination. If terminate this Contract for default or deposited electronically by the the Director determines that require the Concessioner to post a bond Concessioner using the Treasury extraordinary, unanticipated changes in an amount equal to the estimated Financial Communications System. have not occurred, the reconsideration annual Maintenance Reserve allocation, process shall terminate without an based on the preceding year’s Gross (c) Interest adjustment to the franchise fee. If the Receipts. An interest charge will be assessed on Director determines that extraordinary, (4) The balance in the Maintenance overdue amounts for each thirty (30) unanticipated changes did occur, the Reserve shall be available for projects in day period, or portion thereof, that Concessioner and the Director will accordance with the Reserve’s purpose. payment is delayed beyond the fifteen undertake a good faith negotiation as to For all expenditures made for each (15)-day period provided for above. The an appropriate adjustment of the project from the Maintenance Reserve, percent of interest charged will be based franchise fee. the Concessioner shall maintain on the current value of funds to the (4) The negotiation will last for a auditable records including invoices, United States Treasury as published period of sixty (60) days from the date billings, canceled checks, and other quarterly in the Treasury Fiscal the Director makes his or her documentation satisfactory to the Requirements Manual. The Director may determination that extraordinary Director. also impose penalties for late payment unanticipated changes occurred. If the (5) Maintenance Reserve funds shall to the extent authorized by Applicable negotiation results in agreement as to an not be used for a major rehabilitation as Law. adjustment (up or down) of the defined in this Contract. The franchise fee within this period, the Concessioner shall obtain no ownership, (d) Reconsideration of Franchise Fee franchise fee will be adjusted Leasehold Surrender Interest, or other (1) The Concessioner may request, in accordingly, retroactive to the date for compensable interest as a consequence the event the Concessioner considers which the notice of reconsideration was of the expenditure of Maintenance that extraordinary, unanticipated given. Reserve funds. changes have occurred after the effective (5) If the negotiation does not result (6) Any Maintenance Reserve funds date of this Contract, a reconsideration in agreement as to the adjustment of the not duly expended by the Concessioner and possible subsequent adjustment of franchise fee within this sixty (60) day as of the termination or expiration of the franchise fee established in this period, then either the Concessioner or this Contract shall be immediately section. For the purposes of this section, the Director may request binding remitted by the Concessioner to the the phrase ‘‘extraordinary, arbitration to determine the adjustment Director as an additional franchise fee unanticipated changes’’ shall mean to franchise fee in accordance with this under section 11 of this Contract. extraordinary, unanticipated changes section. Such a request for arbitration

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.278 pfrm08 PsN: 03SEN1 48428 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices must be made by mailing notice to the arrears by the Concessioner shall written notice of any material change in other party within fifteen (15) days of include interest at a percent based on the Concessioner’s insurance program the expiration of the sixty (60) day the current value of funds to the United hereunder. period. States Treasury as published quarterly (c) Commercial Public Liability (6) Within thirty (30) days of receipt in the Treasury Fiscal Requirements of such a notice, the Concessioner and Manual. (1) The Concessioner shall provide the Director shall each select an arbiter. (10) Any adjustment to the franchise commercial general liability insurance These two arbiters, within thirty (30) fee will be embodied in an amendment against claims arising out of or resulting days of selection, must agree to the to this Contract. from the acts or omissions of the selection of a third arbiter to complete (11) During the pendency of the Concessioner or its employees in the arbitration panel. The third arbiter process described in this Section, the carrying out the activities and shall be the chairperson of the panel. Concessioner shall continue to make the operations required and/or authorized The Director and the Concessioner shall established franchise fee payments under this Contract. share equally the expenses of the third required by this Contract. (2) This insurance shall be in the arbiter and other common expenses amount commensurate with the degree Sec. 12 Indemnification and Insurance associated with the arbitration. Within of risk and the scope and size of the thirty (30) days of the selection of the (a) Indemnification activities required and/or authorized third arbiter, the arbitration panel must The Concessioner agrees to assume under this Contract, as more specifically hold an informal meeting with the set forth in Exhibit E. Furthermore, the Concessioner and the Director. At such liability for and does hereby agree to save, hold harmless, protect, defend and commercial general liability package meeting, the Concessioner and the shall provide the coverages and limits Director shall be permitted to present indemnify the United States of America, its agents and employees from and described in Exhibit E. their written and oral views and any (3) All liability policies shall specify accompanying documentation as to against any and all liabilities, obligations, losses, damages or that the insurance company shall have their position on an adjustment to the no right of subrogation against the franchise fee and the members of the judgments (including without limitation penalties and fines), claims, actions, United States of America and shall panel may pose questions to the provide that the United States of Concessioner and the Director. Non- suits, costs and expenses (including without limitation attorneys fees and America is named an additional adjudicative procedures only shall be insured. used in the arbitration proceedings. The experts fees) of any kind and nature (4) From time to time, as conditions arbitration panel shall not have the whatsoever on account of fire or other in the insurance industry warrant, the power to compel the production of peril, bodily injury, death or property Director may modify Exhibit E to revise documents or witnesses and shall not damage, or claims for bodily injury, the minimum required limits or to receive or take into account information death or property damage of any nature require additional types of insurance. or documents developed by the whatsoever, and by whomsoever made, Concessioner or the Director for pre- in any way relating to or arising out of (d) Property Insurance negotiation or negotiation purposes. All the activities of the Concessioner, his (1) In the event of damage or actions related to the arbitration are employees, subcontractors or agents destruction, the Concessioner will subject to the applicable requirements of under this Contract. This repair or replace those Concession 36 CFR Part 51 as it may be amended indemnification shall survive the Facilities and personal property utilized from time to time. termination or expiration of this (7) The arbitration panel shall Contract. by the Concessioner in the performance of the Concessioner’s obligations under consider the written submissions and (b) Insurance in General any oral presentations made by the this Contract. Concessioner and the Director and (1) The Concessioner shall obtain and (2) For this purpose, the Concessioner provide its decision on an adjusted maintain during the entire term of this shall provide fire and extended franchise fee (up, down or unchanged) Contract at its sole cost and expense, the insurance coverage on Concession that is consistent with the probable types and amounts of insurance Facilities in amounts that the Director value of the privileges granted by this coverage necessary to fulfill the may require during the term of the Contract within sixty (60) days of the obligations of this Contract. The Contract. The values currently in effect informal meeting. Director shall approve the types and are set forth in Exhibit E. This Exhibit (8) Any adjustment to the franchise amounts of insurance coverage will be revised at least every three (3) fee resulting from this Section shall be purchased by the Concessioner. years, or earlier if there is a substantial effective retroactive to the date for (2) The Director will not be change in value of Concession Facilities. which the notice of reconsideration was responsible for any omissions or (3) Commercial property insurance given and for the remaining term of this inadequacies of insurance coverages and shall provide for the Concessioner and Contract, subject to the results of any amounts in the event the insurance the United States of America to be further reconsideration. purchased by the Concessioner proves named insured as their interests may (9) If an adjustment to the franchise to be inadequate or otherwise appear. fee results in higher fees, the insufficient for any reason whatsoever. (4) In the event of loss, the Concessioner will pay all back franchise (3) At the request of the Director, the Concessioner shall use all proceeds of fees due (with accrued interest) at the Concessioner shall at the time insurance such insurance to repair, rebuild, restore time of the next regular franchise fee is first purchased and annually, or replace Concession Facilities and or payment. If an adjustment results in thereafter, provide the Director with a personal property utilized in the lower franchise fees, the Concessioner Certificate of Insurance that accurately Concessioner’s operations under this may withhold the difference from future details the conditions of the policy as Contract, as directed by the Director. franchise fee payments until such time evidence of compliance with this Policies may not contain provisions as the Concessioner has recouped the section. The Concessioner shall provide limiting insurance proceeds to in situ overpayment. Any payments made in the Director thirty (30) days advance replacement. The lien provision of

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Section 13 shall apply to such insurance Concessioner must use the accrual acquired, useful life, cost and book proceeds. accounting method. value. (5) Insurance policies that cover (3) In computing net profits for any (2) Statements of Reserve Activity The Concession Facilities shall contain a purposes of this Contract, the Concessioner shall submit annually, not loss payable clause approved by the Concessioner shall keep its account in later than llll (ll) days after the Director which requires insurance such manner that there can be no end of the Concessioner’s accounting proceeds to be paid directly to the diversion or concealment of profits or year, a statement reflecting total activity Concessioner without requiring expenses in the operations authorized in the Maintenance Reserve for the endorsement by the United States. The hereunder by means of arrangements for preceding accounting year. The use of insurance proceeds for repair or the procurement of equipment, statement must reflect monthly inflows replacement of Concession Facilities merchandise, supplies or services from and outflows on a project by project will not alter their character as sources controlled by or under common basis. properties of the United States and, ownership with the Concessioner or by Sec. 15 Other Reporting Requirements notwithstanding any provision of this any other device. The following describes certain other Contract to the contrary, the (b) Annual Financial Report Concessioner shall gain no ownership, reports required under this Contract: (1) The Concessioner shall submit Leasehold Surrender Interest or other (a) Insurance Certification compensable interest as a result of the annually as soon as possible but not use of these insurance proceeds. later than ninety (90) days after the last As specified in Section 12, at the time (6) The commercial property package day of its fiscal year a financial insurance is first purchased, and shall include the coverages and amounts statement for the preceding fiscal year annually thereafter, the Concessioner described in Exhibit E. or portion of a year as prescribed by the shall provide the Director with a Director (‘‘Concessioner Annual Certificate of Insurance for all insurance Sec. 13 Bonds and Liens Financial Report’’). coverages related to its operations under (a) Bonds (2) If the annual gross receipts of the this Contract. The Concessioner shall Concessioner are in excess of give the Director thirty (30) days The Director may require the $1,000,000, the financial statements advance written notice of any material Concessioner to furnish appropriate shall be audited by an independent change in its insurance program. forms of bonds acceptable to the Certified Public Accountant in (b) Environmental Reporting Director conditioned upon faithful accordance with the Generally Accepted performance of its obligations under this Auditing Standards (GAAS) and The Concessioner shall submit a Contract, in such form and in such procedures promulgated by the quarterly report on any matters related amount as the Director may deem American Institute of Certified Public to the Concessioner’s environmental adequate. Accountants. compliance requirements under this (b) Lien (3) If annual gross receipts are Contract. between $250,000, and $1,000,000, the As additional security for the faithful (c) Miscellaneous Reports and Data financial statements shall be reviewed performance by the Concessioner of its by an independent Certified Public The Director from time to time may obligations under this Contract, and the Accountant in accordance with the require the Concessioner to submit other payment to the Government of all Generally Accepted Auditing Standards reports and data regarding its damages or claims that may result from (GAAS) and procedures promulgated by performance under the Contract or the Concessioner’s failure to observe the American Institute of Certified otherwise, including, but not limited to, any such obligations, the Government Public Accountants. operational information. shall have at all times the first lien on (4) If annual gross receipts are less Sec. 16 Suspension and Termination all assets of the Concessioner within the than $250,000, the financial statements Area, including, but not limited to, all may be prepared without involvement (a) Suspension personal property of the Concessioner by an independent Certified Public The Director may temporarily used in performance of the Contract Accountant, unless otherwise directed suspend operations under this Contract hereunder and any Leasehold Surrender by the Director. in whole or in part when necessary for Interest of the Concessioner. (c) Other Financial Reports administrative purposes or to enhance Sec. 14 Accounting Records and or protect Area resources, visitor Reports (1) Balance Sheet. Within ninety (90) enjoyment or safety. No compensation days of the execution of this Contract or of any nature shall be due the (a) Accounting System its effective date, whichever is later, the Concessioner in the event of a (1) The Concessioner shall maintain Concessioner shall submit to the suspension of operations, including, but an accounting system under which its Director a balance sheet as of the not limited to, compensation for losses accounts can be readily identified with beginning date of the term of this based on lost income, profit, or the its system of accounts classification. Contract. The balance sheet shall be necessity to make expenditures as a Such accounting system shall be audited or reviewed, as determined by result of the suspension. capable of providing the information the gross receipts, by an independent required by this Contract, including but Certified Public Accountant. The (b) Termination not limited to the Concessioner’s repair balance sheet shall be accompanied by (1) The Director may terminate this and maintenance obligations. The a schedule that identifies and provides Contract in whole or part at any time Concessioner’s system of accounts details for all capital improvements in when necessary for the purpose of classification shall be directly related to which the Concessioner claims a enhancing or protecting Area resources the Concessioner Annual Financial Leasehold Surrender Interest. The or visitor enjoyment or safety. Report Form issued by the Director. schedule must describe these capital (2) The Director may terminate this (2) If the Concessioner’s annual gross improvements in detail showing for Contract in whole or part for default if receipts are $250,000 or more, the each such capital improvement the date the Director determines that the

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Concessioner has breached any any petition seeking relief of the same for a period of time not to exceed one requirement of this Contract, including, or different kind under any provision of year from the date of such termination but not limited to, the requirement to the Bankruptcy Act or its successor, or or expiration. The other operator shall maintain and operate visitor services to making any assignment for the benefit of pay the Concessioner an annual fee for the satisfaction of the Director, the creditors. The Concessioner must also use of such property, prorated for the requirement to provide only visitor give the Director immediate notice of period of use, in the amount of the services required or authorized by the any petition or other proceeding against annual depreciation of such property, Director, the requirement to pay the the Concessioner for the appointment of plus a return on the book value of such established franchise fee, and the a trustee, receiver, or liquidator, or, the property equal to the prime lending rate, requirement to comply with Applicable taking by any person or entity of the effective on the date the operator Laws. rights granted by this Contract or any assumes managerial and operational (3) In the event of a breach of the part thereof upon execution, attachment responsibilities, as published by the Contract, the Director will provide the or other process of law or equity. For Federal Reserve System Board of Concessioner an opportunity to cure by purposes of the bankruptcy statutes, this Governors. In such circumstances, the providing written notice to the Contract is not a lease, but is an method of depreciation applied shall be Concessioner of the breach. In the event executory contract exempt from either straight line depreciation or of a monetary breach, the Director will inclusion in assets of Concessioner depreciation as shown on the give the Concessioner a fifteen (15) day pursuant to 11 U.S.C. 1135. Concessioner’s Federal income tax period to cure the breach. If the breach return, whichever is less. To avoid is not cured within that period, then the (d) Requirements in the Event of Termination interruption of services to the public Director may terminate the Contract for upon expiration of this Contract or default. In the event of a nonmonetary (1) In the event of termination of this termination of this Contract for any breach, if the Director considers that the Contract by the Director for any reason, reason, the Concessioner shall, upon the nature of the breach so permits, the the total compensation due the request of the Director, sell its existing Director will give the Concessioner Concessioner for such termination shall inventory to another operator at the thirty (30) days to cure the breach, or to be as described in section 17 of this purchase price as shown on applicable provide a plan, to the satisfaction of the Contract. No other compensation of any invoices. Director in his sole discretion, to cure nature shall be due the Concessioner in the breach over a specified period of the event of a termination of this Sec. 17 Compensation Contract, including, but not limited to, time. If the breach is not cured within (a) Just Compensation this specified period of time, the compensation for losses based on lost Director may terminate the Contract for income, profit, or the necessity to make The compensation provided by this default. Notwithstanding this provision, expenditures as a result of the Section shall constitute full and just repeated breaches of the same nature termination. compensation to the Concessioner for shall be grounds for termination for (2) Upon termination of this Contract all losses and claims occasioned by the default without a cure period. In the for any reason, and except as otherwise circumstances described below. provided in this section, the event of a breach of any nature, the (b) Compensation for Contract Concessioner shall, at Concessioner’s Director may suspend the Expiration or Termination Concessioner’s operations as expense, promptly vacate the Area, appropriate in accordance with Section remove all of Concessioner’s personal If, for any reason, including Contract 16(a). property, repair any injury occasioned expiration or termination, the (4) The Director may terminate this by installation of removal of such Concessioner shall cease to be Contract upon the filing or the property, and ensure that Concession authorized by the Director to conduct execution of a petition in bankruptcy by Facilities are in as good condition as operations under this Contract, the or against the Concessioner, a petition they were at the beginning of the term Concessioner shall convey to a person seeking relief of the same or different of this Contract, reasonable wear and designated by the Director (including kind under any provision of the tear excepted. the Director if appropriate) any Bankruptcy Act or its successor, an (3) To avoid interruption of services Leasehold Surrender Interest it has assignment by the Concessioner for the to the public upon the termination of under the terms of this Contract and the benefit of creditors, a petition or other this Contract for any reason, the Director shall assure, subject to proceeding against the Concessioner for Concessioner, upon the request of the subsection (c) below, that the the appointment of a trustee, receiver, or Director, shall continue to conduct all Concessioner is paid the Leasehold liquidator, or, the taking by any person operations hereunder under the terms Surrender Interest Value in accordance or entity of the rights granted by this and conditions of this Contract for a with the requirements of 36 CFR Part 51 Contract or any part thereof upon reasonable period of time as determined as they existed as of the effective date execution, attachment or other process by the Director, not to exceed the time of this Contract. The Concessioner shall of law or equity. The Director may limitations contained in 36 CFR Part 51 not be required to convey such terminate this Contract if the Director as it existed as of the effective date of Leasehold Surrender Interest until the determines that the Concessioner is this Contract applicable to payment of Concessioner is paid in accordance with unable to perform the terms of Contract leasehold surrender interest value. 36 CFR Part 51 as it existed as of the due to bankruptcy or insolvency. (4) To avoid interruption of services effective date of this Contract. (5) Termination of this Contract for to the public upon expiration of this Contract or upon its termination for any (c) Compensation When Contract any reason shall be by written notice to Terminated for Default the Concessioner. reason, the Concessioner, upon the request of the Director, shall consent to Notwithstanding any other provision (c) Notice of Bankruptcy or Insolvency the use by another operator of the of this Contract to the contrary, in the The Concessioner must give the Concessioner’s personal property, event of termination of this Contract for Director notice fifteen (15) days prior to excluding inventories if any, not default, the Concessioner shall be filing any petition in bankruptcy, filing including current or intangible assets, entitled to the payment of any

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Leasehold Surrender Interest Value it (3) The Concessioner shall, at any to comply with 36 CFR Part 51 is a may have under the terms of this time requested by the Director, enter material breach of this Contract for Contract, but such payment may be into negotiations with the Director as to which the Director may terminate this offset by the Director by any damages the value of the Concessioner’s Contract for default. The Director shall due the Director from the Concessioner Leasehold Surrender Interest under this not be obliged to recognize any right of as a result of the breach of Contract Contract. In the event that such any person or entity to an interest in which resulted in the termination for negotiations fail to determine an agreed this Contract of any nature, including, default or by other funds due the upon value, the Director may initiate but not limited to, Leasehold Surrender Director under the terms of this arbitration proceedings to determine Interest or operating rights under this Contract. such value upon written request to the Contract, if obtained in violation of 36 Concessioner. Such arbitration CFR Part 51. (d) Procedures for Establishing the proceedings shall be conducted in (b) The Concessioner shall advise any Value of a Leasehold Surrender Interest accordance with the arbitration person(s) or entity proposing to enter (1) In the event that agreement as to procedures set forth in this section. The into a transaction which may be subject the value of a Leasehold Surrender arbitration panel shall determine the to 36 CFR Part 51 of the requirements Interest cannot be reached by the value of the Concessioner’s Leasehold of that regulation. Concessioner and the Director such Surrender Interest consistent with the Sec. 19 General Provisions value shall be determined by binding terms of this Contract and 36 CFR Part (a) The Director and Comptroller arbitration, subject to applicable 51 as it existed as of the effective date General of the United States, or any of limitations of 36 CFR Part 51 as it of this Contract. The arbitration panel their duly authorized representatives, existed as of the effective date of this shall also provide a means to calculate shall have access to the records of the Contract. In these circumstances, the the change in the value of such Concessioner as provided by 36 CFR Concessioner and the Director shall Leasehold Surrender Interest as may Part 51 as it may now exist or be each select an arbiter. These two occur for up to two years from the date amended from time to time. arbiters, within thirty (30) days of of the initial determination. The determination of the arbitration panel (b) All information required to be selection, must agree to the selection of submitted to the Director by the a third arbiter to complete the shall be binding on the Director and the Concessioner. Concessioner pursuant to this Contract arbitration panel. The third arbiter shall is subject to public release by the be the chairperson of the panel. The (d) Compensation for Personal Property Director to the extent required or Director and the Concessioner shall Except as otherwise provided in this authorized by Applicable Laws. share equally the expenses of the third Contract, upon expiration or (c) Subconcession or other third party arbiter and other common expenses termination of this Contract for any agreements, including management associated with the arbitration. Within reason, the Concessioner shall remove agreements, for the provision of thirty (30) days of the selection of the its personal property from the Area principal services required and/or third arbiter, the arbitration panel must unless it is sold to the Director or a authorized under this Contract are not hold an informal meeting with the successor concessioner. No permitted. However, subconcession or Concessioner and the Director. At such compensation is due the Concessioner other third party agreements may be meeting, the Concessioner and the from the Director or a successor allowed for incidental or specialized Director shall be permitted to present concessioner for such personal property. services which are incidental to the their written and oral views and any The Director or a successor concessioner principal services required and/or accompanying documentation as to may purchase such personal property authorized under this Contract. Any their position on the value of the from the Concessioner subject to proposal to provide incidental or Leasehold Surrender Interest and the mutually agreed upon terms. Personal specialized services through members of the panel may pose property not removed from the Area by subconcession or other third party questions to the Concessioner and the the Concessioner as of the date of agreements must be submitted to the Director. Non-adjudicative procedures expiration or termination of this Director in writing, along with a copy of only shall be used in the arbitration Contract, unless the Director in writing the proposed subconcession or third proceedings. The arbitration panel shall extends such date of removal, shall be party agreement, and shall be effective not have the power to compel the considered abandoned property subject only if approved in writing by the production of documents or witnesses to disposition by the Director, at full Director. If the Director approves a and shall not receive or take into cost and expense of the Concessioner, in subconcession or other third party account information or documents accordance with Applicable Laws. Any agreement, the Concessioner and the developed by the Concessioner or the cost or expense incurred by the Director Director will amend the Contract to Director for pre-negotiation or as a result of such disposition may be reflect such approval. Agreements with negotiation purposes. All aspects of the offset from any amounts owed to others to provide vending or other coin- arbitration are subject to the applicable Concessioner by the Director. operated machines shall not be requirements of 36 CFR Part 51 as it considered subconcession agreements. existed as of the effective date of this Sec. 18 Assignment, Sale or (d) The Concessioner is not entitled to Contract. Encumbrance of Interests be awarded or to have negotiating rights (2) The arbitration panel shall (a) This Contract is subject to the to any Federal procurement or service consider the written submissions and requirements of 36 CFR Part 51 as it contract by virtue of any provision of any oral presentations made by the may be amended from time to time with this Contract. Concessioner and the Director and respect to proposed conveyances and (e) Any and all taxes or assessments provide its decision on the value of the encumbrances as those terms are of any nature that may be lawfully Leasehold Surrender Interest consistent defined in 36 CFR Part 51, including, imposed by any State or its political with the terms of this Contract and 36 but not limited to, proposed subdivisions upon the property or CFR Part 51 as it existed as of the management and subconcession business of the Concessioner shall be effective date of this Contract. agreements. Failure by the Concessioner paid promptly by the Concessioner.

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(f) No member of, or delegate to, [Concessioner] The domestic versions of Entrust’s Congress or Resident Commissioner (Name) Entelligence TM and Client TM products shall be admitted to any share or part of (Name) use the CAST–128 encryption algorithm this Contract or to any benefit that may Dated: August 20, 1999. for the storage of user profile arise from this Contract but this Maureen Finnerty, information at the client’s desktop. restriction shall not be construed to Associate Director, Park Operations and CAST–128 has not been approved by extend to this Contract if made with a Education, National Park Service. the National Institute of Standards and corporation or company for its general [FR Doc. 99–23029 Filed 9–2–99; 8:45 am] Technology. Additionally, in order to benefit. BILLING CODE 4310±70±P provide stronger security than that (g) This Contract is subject to the currently required under FIPS Pub 46– provisions of 43 CFR, Subtitle A, 2, the Department will utilize Triple TM Subpart D, concerning nonprocurement DEPARTMENT OF JUSTICE DES provided in Entrust’s Authority, debarment and suspension. The Director Entelligence,TM and Client.TM may recommend that the Concessioner Justice Management Division The Department of Justice’s Chief be debarred or suspended in accordance Information Officer has determined that with the requirements and procedures Notice of FIPS Waiver compliance with FIPS 46–2 would described in those regulations, as they adversely affect the accomplishment of AGENCY: Department of Justice. are effective now or may be revised in the mission of the Department. the future. ACTION: Notice. Accordingly, he has granted a waiver of the FIPS to allow the Department to use (h) This Contract contains the sole SUMMARY: The Chief Information Officer and entire agreement of the parties. No these Entrust products. The tests will for the Department of Justice has involve approximately 200 users and oral representations of any nature form granted a waiver to the Agency to use the basis of or may amend this Contract. will be conducted over a period of six the cryptographical features provided in months. Actual data as opposed to test This Contract may be extended, TM Entrust/Authority, Entrust/ data will be transmitted during the six renewed or amended only when agreed TM TM Entelligence, and Entrust/Client, month test. to in writing by the Director and the by Entrust Technologies, Inc., in lieu of Concessioner. In accordance with FIPS Pub 46–2, the Data Encryption Standard (FIPS Pub notice of this waiver will be sent to the (i) The Concessioner is not granted by 46–2). this Contract any rights to renewal of National Institute of Standards and this Contract or to award of a new DATES: This waiver was approved on Technology, the Committee on contract of any nature. May 25, 1999. Government Reform and Oversight of (j) This Contract does not grant rights ADDRESSES: U.S. Department of Justice, the United States House of or benefits of any nature to any third Justice Management Division, Representatives, and the Committee on party. Information Resources Management, Governmental Affairs of the United (k) The invalidity of a specific 10th and Constitution Avenue NW, States Senate. provision of this Contract shall not Washington, DC 20530. Dated: August 17, 1999. affect the validity of the remaining FOR FURTHER INFORMATION CONTACT: Stephen R. Colgate, provisions of this Contract. Richard Bowler, Information Assistant Attorney General for In Witness Whereof, the duly Management and Security Staff, U.S. Administration. authorized representatives of the parties Department of Justice, National Place [FR Doc. 99–22968 Filed 9–2–99; 8:45 am] have executed this Contract as of the Building, Suite 1220, 1331 Pennsylvania BILLING CODE 4410±26±M lll day of lll, lll. Avenue, NW, Washington, DC 20530, Concessioner email: [email protected], By lllllllllllllllllll voice: 202–616–1171, fax: 202–616– DEPARTMENT OF LABOR (Title) 5455. (Company Name) SUPPLEMENTARY INFORMATION: The Employment and Training United States of America Federal Information Processing Administration Standards Publication (FIPS Pub) 46–2 By lllllllllllllllllll Unemployment Compensation for Ex- Director entitled ‘‘Data Encryption Standard (DES)’’ requires the use of DES, other Servicemembers (UCX) Handbook; National Park Service Comment Request [corporations] FIPS-approved methods of encryption Attest: (FIPS 185 Escrowed Encryption ACTION: Notice. Standard) or methods approved for By lllllllllllllllllll SUMMARY: Title classified information, where The Department of Labor, as encryption of sensitive but unclassified part of its continuing effort to reduce [Sole Proprietorship] Witnesses: information is deemed necessary. The paperwork and respondent burden Department plans to conduct testing of conducts a preclearance consultation Name Address several public key encryption and program to provide the general public Title digital signature prototypes using and Federal agencies with an TM Name Entrust/Authority, Entrust/ opportunity to comment on proposed TM TM Address Entelligence, and Entrust/Client, and/or continuing collections of Title by Entrust Technologies, Inc. The information in accordance with the [Partnership] Entrust products are not compliant with Paperwork Reduction Act of 1995 Witnesses as to each: FIPS 46–2, other FIPS-approved (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Name llllllllllllllllll methods of encryption or for use with program helps to ensure that requested Address classified information. Accordingly, a data can be provided in the desired Name llllllllllllllllll waiver is required if the Entrust format, reporting burden (time and Address products are utilized. financial resources) is minimized,

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.285 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48433 collection instruments are clearly most feasible and effective way to obtain an assignment of Federal military understood, and the impact of collection this information is by use of the forms service is recorded; or (2) a request for requirements on respondents can be prescribed by the Department of Labor determination of entitlement to UCX properly assessed. Currently, the for State agency use. Without this benefits, whether or not such request Employment and Training information, we could not adequately results in a ‘‘first claim.’’ ETA 843 is Administration is soliciting comments determine the eligibility of ex- used by SESAs only when it is concerning the proposed revision and servicemembers and would not be able necessary to obtain additional clarifying extension of the Unemployment to properly administer the program. information from the military pertaining Compensation for Ex-Servicemembers II. Review Focus to the UCX claimant or to obtain a copy (UCX) Handbook. of DD Form 214 that was not issued to A copy of the proposed information The Department of Labor is the claimant when separated from collection request (ICR) can be obtained particularly interested in comments military service. Accordingly, the ETA by contacting the office listed below in which: • 843 is used for only 5% of the UCX the addressee section of this notice. Evaluate whether the proposed ‘‘first claims.’’ This is then sent to any collection of information is necessary DATES: Written comments must be one of the four branches of military for the proper performance of the submitted to the office listed in the service (Army, Navy, Marines, Air functions of the agency, including addresses section below on or before Force), the Coast Guard, or the National whether the information will have November 2, 1999. Oceanic Atmospheric Administration practical utility; ADDRESSES: (they are considered branches of Written comments on this • Evaluate the accuracy of the military service for UCX purposes but notice may be mailed or delivered to agency’s estimate of the burden of the are not under the jurisdiction of the Charles E. Longus, Jr., Unemployment proposed collection of information, Department of Defense). Insurance Service, U.S. Department of including the validity of the Labor, Room S–4522, Frances Perkins methodology and assumptions used; Type of Review: Revision. Building, 200 Constitution Ave., NW, • Enhance the quality, utility, and Agency: Employment and Training Washington, DC 20210, telephone (202) clarity of the information to be Administration. 219–7301 ext 189 (this is not a toll-free collected; and Title: Unemployment Compensation number), fax number (202) 219–8506. • Minimize the burden of the for Ex-Servicemembers (UCX) SUPPLEMENTARY INFORMATION: collection of information on those who Handbook. I. Background are to respond, including through the OMB Number: 1205–0176. use of appropriate automated, Recordkeeping: The Department of The UCX law (5 U.S.C. 8521–8523) electronic, mechanical, or other Labor (DOL) does not maintain a system requires State employment security technological collection techniques or of records for the UCX program. UCX agencies to administer the UCX program other forms of information technology, records are maintained by the SESAs in accordance with the same terms and e.g., permitting electronic submissions acting as agents for the Federal conditions of the paying State’s of responses. Government in the administration of the unemployment insurance law which III. Current Actions UCX program. The DOL procedures apply to unemployed claimants who permit the SESAs, upon request, to worked in the private sector. Each State This is a request for OMB approval dispose of UCX records according to agency must be able to obtain certain under the Paperwork Reduction Act of State law provisions, 3 years after final military service information from each 1995 (44 U.S.C. 3506(c)(2)(A)) of an action (including appeals or court claimant filing claims for UCX benefits extension to an existing collection of action) on the claim, or such records to enable them to determine his/her information previously approved and may be transferred in less than the 3- eligibility for benefits. The State assigned OMB control No. 1205–0176. A year period if microphotographed in agencies record or obtain required UCX current inventory of 76,647 UCX claims accordance with appropriate information on forms developed by the were filed in FY 1998 and a proposed microphotography standards. Department of Labor, ETA 841 and ETA inventory of 66,126 UCX claims will be Affected Public: State governments 843. The use of each of these forms is reported for FY 1999 reflecting a (State employment security agencies). essential to the UCX claims process. significant decrease of 10,521 from the Cite/Reference/Form/etc: Forms ETA Information pertaining to the UCX previous fiscal year resulting in a 841 and ETA 843. claimant can only be obtained from the reduction of –789 hours towards ETA’s individual’s military discharge papers, Information Collection Budget. Total Respondents: 66,126. the appropriate branch of military Fifty-three (53) SESAs fill out these Frequency: As needed. service or the Department of Veterans forms. Form ETA 841 is completed by Total Responses: 66,126. Affairs (formerly the Veterans SESAs whenever an ex-servicemember Average Time per Response: 1.5 min. Administration). If the claimant does files: (1) A ‘‘first claim’’ (UCX) for Estimated Total Burden Hours: 1,708 not have this information available, the unemployment compensation, whereby hrs.

Average time Cite/Reference Total respond- Frequency Total re- per response Burden ents sponses (min.) (hrs.)

ETA 841 ...... 66,126 As needed ... 66,126 1.5 1,653 ETA 843 ...... 3,306 As needed ... 3,306 1.0 55

Totals ...... 69,432 ...... 1,708

Total Burden Cost (capital/startup): 0. Total Burden Cost (operating/ Comments submitted in response to maintaining): $1,526,952. this comment request will be

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.223 pfrm08 PsN: 03SEN1 48434 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices summarized and/or included in the current construction industry wage NJ990001 (Mar. 12, 1999) request for Office of Management and determination frequently and in large NJ990002 (Mar. 12, 1999) Budget approval of the information volume causes procedures to be NJ990003 (Mar. 12, 1999) NJ990004 (Mar. 12, 1999) collection request; they will also impractical and contrary to the public NJ990005 (Mar. 12, 1999) become a matter of public record. interest. NJ990007 (Mar. 12, 1999) Dated: August 30, 1999. General wage determination New York: decisions, and modifications and Cheryl Atkinson, NY990002 (Mar. 12, 1999) supersedes decisions thereto, contain no NY990003 (Mar. 12, 1999) Deputy Director, Unemployment Insurance expiration dates and are effective from NY990004 (Mar. 12, 1999) Service. their date of notice in the Federal NY990005 (Mar. 12, 1999) [FR Doc. 99–23014 Filed 9–2–99; 8:45 am] Register, or on the date written notice NY990006 (Mar. 12, 1999) BILLING CODE 4510±30±P NY990007 (Mar. 12, 1999) is received by the agency, whichever is NY990008 (Mar. 12, 1999) earlier. These decisions are to be used NY990010 (Mar. 12, 1999) in accordance with the provisions of 29 DEPARTMENT OF LABOR NY990011 (Mar. 12, 1999) CFR parts 1 and 5. Accordingly, the NY990012 (Mar. 12, 1999) Employment Standards Administration applicable decision, together with any NY990015 (Mar. 12, 1999) modifications issued, must be made a NY990016 (Mar. 12, 1999) Wage and Hour Division part of every contract for performance of NY990018 (Mar. 12, 1999) the described work within the NY990019 (Mar. 12, 1999) Minimum Wages for Federal and NY990020 (Mar. 12, 1999) geographic area indicated as required by NY990021 (Mar. 12, 1999) Federally Assisted Construction; an applicable Federal prevailing wage General Wage Determination Decisions NY990022 (Mar. 12, 1999) law and 29 CFR part 5. The wage rates NY990025 (Mar. 12, 1999) General wage determination decisions and fringe benefits, notice of which is NY990031 (Mar. 12, 1999) of the Secretary of Labor are issued in published herein, and which are NY990032 (Mar. 12, 1999) accordance with applicable law and are contained in the Government Printing NY990033 (Mar. 12, 1999) NY990034 (Mar. 12, 1999) based on the information obtained by Office (GPO) document entitled ‘‘General Wage Determinations Issued NY990036 (Mar. 12, 1999) the Department of Labor from its study NY990037 (Mar. 12, 1999) of local wage conditions and data made Under the Davis-Bacon and Related NY990038 (Mar. 12, 1999) available from other sources. They Acts,’’ shall be the minimum paid by NY990039 (Mar. 12, 1999) specify the basic hourly wage rates and contractors and subcontractors to NY990040 (Mar. 12, 1999) fringe benefits which are determined to laborers and mechanics. NY990041 (Mar. 12, 1999) be prevailing for the described classes of Any person, organization, or NY990042 (Mar. 12, 1999) laborers and mechanics employed on governmental agency having an interest NY990043 (Mar. 12, 1999) in the rates determined as prevailing is NY990044 (Mar. 12, 1999) construction projects of a similar NY990046 (Mar. 12, 1999) character and in the localities specified encouraged to submit wage rate and fringe benefit information for NY990047 (Mar. 12, 1999) therein. NY990048 (Mar. 12, 1999) The determination in these decisions consideration by the Department. NY990049 (Mar. 12, 1999) of prevailing rates and fringe benefits Further information and self- NY990051 (Mar. 12, 1999) have been made in accordance with 29 explanatory forms for the purpose of NY990060 (Mar. 12, 1999) CFR part 1, by authority of the Secretary submitting this data may be obtained by NY990072 (Mar. 12, 1999) of Labor pursuant to the provisions of writing to the U.S. Department of Labor, NY990073 (Mar. 12, 1999) NY990078 (Mar. 12, 1999) the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of Volume II 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution District of Columbia: statutes referred to in 29 CAR part 1, Avenue, NW, Room S–3014, DC990001 (MAR. 12, 1999) Appendix, as well as such additional Washington, DC 20210. DC990003 (MAR. 12, 1999) statutes as may from time to time be Modificaitons to General Wage Maryland: enacted containing provisions for the MD990001 (MAR. 12, 1999) Determination Decisions MD990040 (MAR. 12, 1999) payment of wages determined to be The number of decisions listed in the MD990048 (MAR. 12, 1999) prevailing by the Secretary of Labor in Government Printing Office document MD990058 (MAR. 12, 1999) accordance with the Davis-Bacon Act. entitled ‘‘General Wage Determinations Pennsylvania: The prevailing rates and fringe benefits Issued Under the Davis-Bacon and PA990005 (MAR. 12, 1999) PA990006 (MAR. 12, 1999) determined in these decisions shall, in Related Acts’’ being modified are listed accordance with the provisions of the PA990026 (MAR. 12, 1999) by Volume and State. Dates of PA990031 (MAR. 12, 1999) foregoing statutes, constitute the publication in the Federal Register, are minimum wages payable on Federal and Virginia: in parentheses following the decisions VA990014 (MAR. 12, 1999) federally assisted construction projects being modified. VA990047 (MAR. 12, 1999) to laborers and mechanics of the VA990062 (MAR. 12, 1999) specified classes engaged on contract Volume I VA990092 (MAR. 12, 1999) work of the character and in the Connecticut: VA990099 (MAR. 12, 1999) localities described therein. CT990001 (MAR. 12, 1999) Volume III Good cause is hereby found for not CT990004 (MAR. 12, 1999) utilizing notice and public comment Maine: Alabama: procedure thereon prior to the issuance ME990005 (Mar. 12, 1999) AL990004 (MAR. 12, 1999) ME990007 (Mar. 12, 1999) AL990006 (MAR. 12, 1999) of these determinations as prescribed in ME990010 (Mar. 12, 1999) AL990008 (MAR. 12, 1999) 5 U.S.C. 553 and not providing for delay ME990022 (Mar. 12, 1999) AL990034 (MAR. 12, 1999) in the effective date as prescribed in that ME990037 (Mar. 12, 1999) AL990044 (MAR. 12, 1999) section, because the necessity to issue New Jersey: Florida:

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FL990017 (MAR. 12, 1999) IN990059 (MAR. 12, 1999) Volume VI Georgia: IN990060 (MAR. 12, 1999) Colorado: GA990003 (MAR. 12, 1999) IN990061 (MAR. 12, 1999) CO990001 (MAR. 12, 1999) GA990022 (MAR. 12, 1999) Minnesota: North Dakota: GA990040 (MAR. 12, 1999) MN990001 (MAR. 12, 1999) ND990015 (MAR. 12, 1999) GA990058 (MAR. 12, 1999) MN990003 (MAR. 12, 1999) ND990016 (MAR. 12, 1999) GA990065 (MAR. 12, 1999) MN990005 (MAR. 12, 1999) ND990017 (MAR. 12, 1999) GA990066 (MAR. 12, 1999) MN990007 (MAR. 12, 1999) ND990018 (MAR. 12, 1999) GA990085 (MAR. 12, 1999) MN990008 (MAR. 12, 1999) ND990019 (MAR. 12, 1999) GA990086 (MAR. 12, 1999) MN990012 (MAR. 12, 1999) ND990020 (MAR. 12, 1999) GA990087 (MAR. 12, 1999) MN990015 (MAR. 12, 1999) ND990027 (MAR. 12, 1999) GA990088 (MAR. 12, 1999) MN990027 (MAR. 12, 1999) Oregon: MN990031 (MAR. 12, 1999) Volume IV OR990001 (MAR. 12, 1999) MN990035 (MAR. 12, 1999) OR990017 (MAR. 12, 1999) Illinois: MN990039 (MAR. 12, 1999) Washington: IL990001 (MAR. 12, 1999) MN990043 (MAR. 12, 1999) WA990001 (MAR. 12, 1999) IL990002 (MAR. 12, 1999) MN990049 (MAR. 12, 1999) WA990002 (MAR. 12, 1999) IL990003 (MAR. 12, 1999) MN990058 (MAR. 12, 1999) WA990003 (MAR. 12, 1999) IL990004 (MAR. 12, 1999) MN990061 (MAR. 12, 1999) WA990005 (MAR. 12, 1999) IL990005 (MAR. 12, 1999) MN990063 (MAR. 12, 1999) WA990007 (MAR. 12, 1999) IL990006 (MAR. 12, 1999) MN990071 (MAR. 12, 1999) WA990008 (MAR. 12, 1999) IL990008 (MAR. 12, 1999) Volume V WA990011 (MAR. 12, 1999) IL990009 (MAR. 12, 1999) WA990013 (MAR. 12, 1999) IL990011 (MAR. 12, 1999) Kansas: Wyoming: IL990014 (MAR. 12, 1999) KS990009 (MAR. 12, 1999) WY990009 (MAR. 12, 1999) IL990015 (MAR. 12, 1999) KS990017 (MAR. 12, 1999) IL990016 (MAR. 12, 1999) KS990025 (MAR. 12, 1999) Volume VII IL990021 (MAR. 12, 1999) KS990026 (MAR. 12, 1999) California: IL990022 (MAR. 12, 1999) KS990029 (MAR. 12, 1999) CA990001 (MAR. 12, 1999) IL990023 (MAR. 12, 1999) Missouri: CA990002 (MAR. 12, 1999) IL990024 (MAR. 12, 1999) MO990001 (MAR. 12, 1999) CA990004 (MAR. 12, 1999) IL990025 (MAR. 12, 1999) MO990003 (MAR. 12, 1999) CA990009 (MAR. 12, 1999) IL990026 (MAR. 12, 1999) MO990004 (MAR. 12, 1999) CA990028 (MAR. 12, 1999) IL990027 (MAR. 12, 1999) MO990005 (MAR. 12, 1999) CA990029 (MAR. 12, 1999) IL990029 (MAR. 12, 1999) MO990006 (MAR. 12, 1999) CA990030 (MAR. 12, 1999) IL990030 (MAR. 12, 1999) MO990010 (MAR. 12, 1999) CA990033 (MAR. 12, 1999) IL990031 (MAR. 12, 1999) MO990011 (MAR. 12, 1999) CA990035 (MAR. 12, 1999) IL990032 (MAR. 12, 1999) MO990012 (MAR. 12, 1999) CA990036 (MAR. 12, 1999) IL990033 (MAR. 12, 1999) MO990015 (MAR. 12, 1999) CA990037 (MAR. 12, 1999) IL990034 (MAR. 12, 1999) MO990016 (MAR. 12, 1999) CA990038 (MAR. 12, 1999) IL990035 (MAR. 12, 1999) MO990020 (MAR. 12, 1999) CA990039 (MAR. 12, 1999) IL990036 (MAR. 12, 1999) MO990041 (MAR. 12, 1999) CA990040 (MAR. 12, 1999) IL990037 (MAR. 12, 1999) MO990043 (MAR. 12, 1999) CA990041 (MAR. 12, 1999) IL990039 (MAR. 12, 1999) MO990046 (MAR. 12, 1999) Hawaii: IL990040 (MAR. 12, 1999) MO990048 (MAR. 12, 1999) HI990001 (MAR. 12, 1999) IL990041 (MAR. 12, 1999) MO990049 (MAR. 12, 1999) IL990042 (MAR. 12, 1999) MO990052 (MAR. 12, 1999) General Wage Determination IL990043 (MAR. 12, 1999) MO990053 (MAR. 12, 1999) Publication IL990045 (MAR. 12, 1999) MO990056 (MAR. 12, 1999) General wage determinations issued IL990046 (MAR. 12, 1999) MO990057 (MAR. 12, 1999) IL990048 (MAR. 12, 1999) MO990062 (MAR. 12, 1999) under the Davis-Bacon and related Acts, IL990049 (MAR. 12, 1999) MO990064 (MAR. 12, 1999) including those noted above, may be IL990050 (MAR. 12, 1999) MO990066 (MAR. 12, 1999) found in the Government Printing Office IL990051 (MAR. 12, 1999) MO990068 (MAR. 12, 1999) (GPO) document entitled ‘‘General Wage IL990052 (MAR. 12, 1999) MO990069 (MAR. 12, 1999) Determinations Issued Under The Davis- IL990054 (MAR. 12, 1999) MO990070 (MAR. 12, 1999) Bacon and Related Acts.’’ This IL990056 (MAR. 12, 1999) MO990071 (MAR. 12, 1999) publication is available at each of the 50 IL990059 (MAR. 12, 1999) Nebraska: Regional Government Depository IL990061 (MAR. 12, 1999) NE990001 (MAR. 12, 1999) Libraries and many of the 1,400 IL990065 (MAR. 12, 1999) NE990003 (MAR. 12, 1999) IL990066 (MAR. 12, 1999) NE990011 (MAR. 12, 1999) Government Depository Libraries across IL990067 (MAR. 12, 1999) NE990019 (MAR. 12, 1999) the country. IL990068 (MAR. 12, 1999) NE990025 (MAR. 12, 1999) The general wage determinations IL990069 (MAR. 12, 1999) NE990038 (MAR. 12, 1999) issued under the Davis-Bacon and IL990070 (MAR. 12, 1999) NE990044 (MAR. 12, 1999) related Acts are available electronically Indiana: New Mexico: by subscription to the FedWorld IN990001 (MAR. 12, 1999) NM990001 (MAR. 12, 1999) Bulletin Board System of the National IN990002 (MAR. 12, 1999) NM990005 (MAR. 12, 1999) Technical Information Service (NTIS) of IN990003 (MAR. 12, 1999) Texas: the U.S. department of Commerce at 1– IN990004 (MAR. 12, 1999) TX990002 (MAR. 12, 1999) IN990005 (MAR. 12, 1999) TX990005 (MAR. 12, 1999) 800–363–2068. IN990006 (MAR. 12, 1999) TX990011 (MAR. 12, 1999) Hard-copy subscriptions may be IN990016 (MAR. 12, 1999) TX990012 (MAR. 12, 1999) purchased from: Superintendent of IN990017 (MAR. 12, 1999) TX990013 (MAR. 12, 1999) Documents, U.S. Government Printing IN990018 (MAR. 12, 1999) TX990014 (MAR. 12, 1999) Office, Washington, DC 20402, (202) IN990039 (MAR. 12, 1999) TX990051 (MAR. 12, 1999) 512–1800.

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When ordering hard-copy eastern tropical Pacific tuna fishery on performance of the functions of NARA; subscription(s), be sure to specify the dolphins. (b) the accuracy of NARA’s estimate of State(s) of interest, since subscriptions CONTACT PERSON FOR MORE INFORMATION: the burden of the proposed information may be ordered for any or all of the John R. Twiss, Jr., Executive Director, collections; (c) ways to enhance the seven separate volumes, arranged by Marine Mammal Commission, 4340 quality, utility, and clarity of the State. Subscriptions include an annual East-West Highway, Room 905, information to be collected; and (d) edition (issued in January or February) Bethesda, MD, 20814, 301/504–0087. ways to minimize the burden of the which includes all current general wage collection of information on Dated: August 30, 1999. determinations for the States covered by respondents, including the use of each volume. Throughout the remainder John R. Twiss, Jr., information technology. In this notice, of the year, regular weekly updates are Executive Director. NARA is soliciting comments distributed to subscribers. [FR Doc. 99–23144 Filed 9–1–99; 10:56 am] concerning the following information Signed at Washington, DC, this 26th day of BILLING CODE 6820±31±M collections: August, 1999. 1. Title: Application for Attendance at Carl J. Poleskey, the Institute for the Editing of Historical Chief, Branch of Construction Wage NATIONAL ARCHIVES AND RECORDS Documents. Determinations. ADMINISTRATION OMB number: 3095–0012. [FR Doc. 99–22660 Filed 9–2–99; 8:45 am] Agency form number: None. BILLING CODE 4510±27±M Agency Information Collection Type of review: Regular. Activities: Submission for OMB Affected public: Individuals, often Review; Comment Request already working on documentary editing projects, who wish to apply to AGENCY: National Archives and Records MARINE MAMMAL COMMISSION attend the annual one-week Institute for Administration (NARA). the Editing of Historical Documents, an Sunshine Act Meeting ACTION: Notice. intensive seminar in all aspects of modern documentary editing techniques TIME AND DATE: The Marine Mammal SUMMARY: NARA is giving public notice taught by visiting editors and Commission and its Committee of that the agency has submitted to OMB specialists. Scientific Advisors on Marine Mammals for approval the information collections Estimated number of respondents: 25. will meet in executive session on described in this notice. The public is Estimated time per response: 1.5 Tuesday, October 19, 1999, from 8:30 invited to comment on the proposed hours. a.m. to 10:00 a.m. The public sessions information collections pursuant to the Frequency of response: On occasion, of the Commission on the Committee Paperwork Reduction Act of 1995. no more than annually (when meeting will be held on Tuesday, DATES: Written comments must be respondent wishes to apply for October 19, from 10:00 a.m. to 5:45 submitted to OMB at the address below attendance at the Institute). p.m., on Wednesday, October 20, from on or before October 4, 1999 to be Estimated total annual burden hours: 8:30 a.m. to 6:00 p.m., and on Thursday, assured of consideration. 37.5 hours. October 21, from 8:30 a.m. to 3:45 p.m. ADDRESSES: Comments should be sent Abstract: The application is used by PLACE: The Embassy Suites Hotel, 1441 to: Office of Information and Regulatory the NHPRC staff to establish the Canyon Del Rey, Seaside, California, Affairs, Office of Management and applicants’ qualifications and to permit 93955. Phone number 831/393–1115. Budget, Attn: Ms. Virginia Huth, Desk selection of those individuals best Fax number 831/393–1113. Officer for NARA, Washington, DC qualified to attend the Institute jointly sponsored by the NHPRC, the State STATUS: The executive session will be 20503. Historical Society of Wisconsin, and the closed to the public. At it, matters FOR FURTHER INFORMATION CONTACT: University of Wisconsin. Selected relating to international negotiations in Requests for additional information or applicants’ forms are forwarded to the process, personnel, and the budget of copies of the proposed information resident advisors of the Institute, who the Commission will be discussed. All collections and supporting statements use them to determine what areas of other portions of the meeting will be should be directed to Tamee Fechhelm instruction would be most useful to the open to public observation. Public at telephone number 301–713–6730 or applicants. participation will be allowed as time fax number 301–713–6913. 2. Title: National Historical permits and as determined to be SUPPLEMENTARY INFORMATION: Pursuant Publications and Records Commission desirable by the Chairman. to the Paperwork Reduction Act of 1995 Grant Program. MATTERS TO BE CONSIDERED: The (Public Law 104–13), NARA invites the OMB number: 3095–0013. Commission and Committee will meet general public and other Federal Agency form number: None. in public session to discuss a broad agencies to comment on proposed Type of review: Regular. range of marine mammal matters. The information collections. NARA Affected public: Nonprofit focus of the meeting will be on species published a notice of proposed organizations and institutions, state and that occur in waters along the Pacific collection for these information local government agencies, Federally Coast of the United States. While subject collections on June 28,1999 (64 FR acknowledged or state-recognized to change, major issues that the 34687 and 34688). No comments were Native American tribes or groups, and Commission plans to consider at the received. NARA has submitted the individuals who apply for NHPRC meeting include: research and described information collections to grants for support of historical management issues related to California OMB for approval. documentary editions, archival sea otters, pinniped-fishery interactions, In response to this notice, comments preservation and planning projects, and Steller sea lions, beluga whales, and and suggestions should address one or other records projects. other species that inhabit Alaskan more of the following points: (a) Estimated number of respondents: waters, gray whales, Hawaiian monk whether the proposed information 134 per year submit applications; seals, and research on the effects of the collections are necessary for the proper approximately 100 grantees among the

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48437 applicant respondents also submit Frequency of response: Generally, Board meeting that was to consider the semiannual narrative performance one-time although an institution may following item: reports. apply in subsequent years. 7047A: Aviation Accident Report: Estimated time per response: 54 hours Estimated total annual burden hours: Crash During Landing, Federal Express, per application; 2 hours per narrative 153 hours. Inc., Flight 14, McDonnell Douglas MD– report. Abstract: The application is used by 11, N611FE, Newark International Frequency of response: On occasion the NHPRC staff to select applicants to Airport, Newark, New Jersey, July 31, for the application; semiannually for the serve as host institutions for the two 1997. narrative report. Currently, the NHPRC fellowships supported by the NHPRC FOR MORE INFORMATION CONTACT: Rhonda considers grant applications 2 times per each year. Underwood, (202) 314–6065. year; respondents usually submit no Dated: August 30, 1999 Dated: September 1, 1999. more than one application per year. L. Reynolds Cahoon, Rhonda Underwood, Estimated total annual burden hours: 7,636 hours. Assistant Archivist for Human Resources and Federal Register Liaison Officer. Abstract: The application is used by Information Services. [FR Doc. 99–23227 Filed 9–1–99; 3:20 pm] the NHPRC staff, reviewers, and the [FR Doc. 99–23018 Filed 9–2–99; 8:45 am] BILLING CODE 7533±01±P Commission to determine if the BILLING CODE 7515±01±P applicant and proposed project are eligible for an NHPRC grant, and NUCLEAR REGULATORY whether the proposed project is NATIONAL SCIENCE FOUNDATION COMMISSION methodologically sound and suitable for [Docket 72±1015] support. The narrative report is used by Notice of Permits Issued Under the the NHPRC staff to monitor the Antarctic Conservation Act of 1978 NAC International, Inc.; Issuance of performance of grants. AGENCY: National Science Foundation. Environmental Assessment and 3. Title: Applications for Archival Finding of No Significant Impact Administration and Historical ACTION: Notice of permits issued under Regarding the Proposed Exemption Documentary Editing Fellowships. the Antarctic Conservation of 1978, from Requirements of 10 CFR Part 72 OMB number: 3095–0014. Public Law 95–541. Agency form number: None. By letter dated July 19, 1999, NAC SUMMARY: The National Science Type of review: Regular. International, Inc., (NAC or applicant) Foundation (NSF) is required to publish Affected public: Individuals who wish requested an exemption, pursuant to 10 notice of permits issued under the to apply for an NHPRC fellowship in CFR 72.7, from the requirements of 10 Antarctic Conservation Act of 1978. archival administration or historical CFR 72.234(c). NAC, located in This is the required notice. documentary editing. Applicants for the Norcross, Georgia, is seeking Nuclear archival administration fellowship must FOR FURTHER INFORMATION CONTACT: Regulatory Commission (NRC or the have at least two years’ professional Nadene G. Kennedy, Permit Office, Commission) approval to procure archival work experience; applicants for Office of Polar Programs, Rm. 755, materials for and fabricate 36 the editing fellowship must hold a Ph.D. National Science Foundation, 4201 transportable storage canisters (TSCs), or have completed all requirement for Wilson Boulevard, Arlington, VA 22230. 36 vertical concrete casks (VCCs), and 1 the degree except the dissertation. SUPPLEMENTARY INFORMATION: On May transfer cask prior to receipt of the Estimated number of respondents: 9. 26, 1999, the National Science Certificate of Compliance (CoC) for the Estimated time per response: 8 hours. Foundation published a notice in the UMS Universal Storage System (UMS). Frequency of response: Generally one- Federal Register of Waste Management The UMS TSC, VCC, and transfer cask time. permit applications received. A Waste are basic components of the UMS Estimated total annual burden hours: Management permit was issued on system, a cask system designed for the 72 hours. August 27, 1999 to the following dry storage and transportation of spent Abstract: The application is used by applicant: fuel. The UMS system is intended for the NHPRC staff to establish the Antarctic Support Associates, Permit use under the general license provisions applicants’ qualifications and to permit No.: 2000WM–01 (ASA) of subpart K of 10 CFR part 72 by Maine Yankee Atomic Power Company selection by the host institution of those Nadene G. Kennedy, individuals best qualified for the (MYAPC) at the Maine Yankee Atomic Permit Officer. fellowships. One fellowship in archival Power Station (Maine Yankee), located administration and one fellowship in [FR Doc. 99–22966 Filed 9–2–99; 8:45 am] in Wiscasset, Maine. The application for historical editing are awarded each year. BILLING CODE 7555±01±M the CoC was submitted by NAC to the 4. Title: Application for Host Commission on August 29, 1997, as Institutions of Archival Administration supplemented. and Historical Editing Fellowships. NATIONAL TRANSPORTATION Environmental Assessment (EA) OMB number: 3095–0015. SAFETY BOARD Agency form number: None. Identification of Proposed Action: Type of review: Regular. Sunshine Meeting Notice NAC is seeking Commission approval to Affected public: Nonprofit institutions procure materials for and fabricate 36 ``FEDERAL REGISTER'' CITATION OF or organizations that have active TSCs, 36 VCCs, and 1 transfer cask prior PREVIOUS ANNOUNCEMENT: Vol. 64, No. archival or special collections programs, to receipt of the CoC. The applicant is 167/Tuesday, August 31, 1999. and historical documentary publication requesting an exemption from the projects that have received an NHPRC PREVIOUSLY ANNOUNCED TIME AND DATE: requirements of 10 CFR 72.234(c), grant. 9:30 a.m., Tuesday, September 8, 1999. which states that ‘‘Fabrication of casks Estimated number of respondents: 9. CHANGE IN MEETING: A majority of the under the Certificate of Compliance Estimated time per response: 17 Board members determined by recorded must not start prior to receipt of the hours. vote to cancel the September 8, 1999 Certificate of Compliance for the cask

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.294 pfrm08 PsN: 03SEN1 48438 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices model.’’ The proposed action before the under a CoC and concluded that there be to deny approval of the exemption Commission is whether to grant this would be no significant environmental and, therefore, not allow procurement of exemption under 10 CFR 72.7. impacts. The proposed action now materials and fabrication of the TSCs, Need for the Proposed Action: NAC under consideration would not permit VCCs, and transfer cask until a CoC is requested the exemption from 10 CFR use of the UMS system, only issued. This alternative would have the 72.234(c) to ensure the availability of procurement and fabrication. There are same environmental impact. storage casks so that Maine Yankee can no radiological environmental impacts decommission as scheduled. As a from procurement or fabrication since Given that there are no significant subcontractor to MYAPC, NAC is to the TSC, VCC, and transfer cask material differences in environmental impacts supply a total of 66 UMS systems. procurement and fabrications do not between the proposed action and the Maine Yankee’s decommissioning involve radioactive materials. The major alternative considered and that the schedule is based on initiating spent non-radiological environmental impacts applicant has a legitimate need to fuel loading operations in April 2001 involve use of natural resources due to procure materials and fabricate prior to using the UMS system. The UMS CoC fabrication. Each TSC weighs certification and is willing to assume application is under consideration by approximately 18 tons and consists the risk that any material procured or the Commission. It is anticipated that, if mainly of steel. Each VCC weighs any TSC, VCC, or transfer cask approved, the CoC would be issued in approximately 119 tons and is fabricated may not be approved or may late 2000. comprised primarily of concrete. The require modification, the Commission MYAPC plans to continue loading the transfer cask weighs approximately 60 concludes that the preferred alternative UMS canisters until all spent fuel is in tons and consists mainly of steel. is to approve the procurement and dry storage. The current Maine Yankee The amount of steel required for the fabrication request and grant the loading plan specifies 24 UMS systems TSCs and transfer cask is expected to exemption from the prohibition on to be loaded by October 2001. NAC also have insignificant impact on the steel fabrication prior to receipt of a CoC. requested an exemption to fabricate a industry. Fabrication of the TSCs and 90-day supply of additional UMS transfer cask would be at a metal Agencies and Persons Consulted: systems to support the Maine Yankee fabrication facility and is insignificant Clough Toppon from the State of Maine decommissioning plan. Specifically, compared to the amount of metal Bureau of Health was contacted about NAC stated that, in addition to the fabrication performed annually in the the EA for the proposed action and had fabrication exemption for the 24- United States. If the TSCs and transfer no comments. required UMS systems, a fabrication cask are not usable, they could be exemption is also needed for an disposed of or recycled. The amount of Finding of No Significant Impact additional 12 TSCs and VCCs to ensure material disposed of would be The environmental impacts of the a continuous Maine Yankee loading insignificant compared to the amount of proposed action have been reviewed in campaign. Consequently, NAC steel that is disposed of annually in the accordance with the requirements set requested a fabrication exemption for a United States. Based upon this forth in 10 CFR part 51. Based upon the total of 36 TSCs and VCCs. information, the procurement of foregoing EA, the Commission finds that To support training and dry run materials and fabrication of the canisters the proposed action of granting an operations, NAC indicated that the first and transfer cask will have no of the UMS TSCs, VCCs, and transfer significant impact on the environment exemption from 10 CFR 72.234(c) so cask are required by October 2000. To since no radioactive materials are that NAC may procure materials for and meet this decommissioning schedule, involved, and the amount of natural fabricate 36 TSCs, 36 VCCs, and 1 NAC stated that procurement of the resources used is minimal. transfer cask prior to issuance of a CoC TSCs, VCCs, and transfer cask materials The amount of concrete required for for the UMS system will not must begin by September 1999. the VCCs is expected to have an significantly impact the quality of the The proposed procurement and insignificant impact on the concrete human environment. Accordingly, the fabrication exemption will not authorize industry. Fabrication of the VCCs would Commission has determined not to use of the UMS system to store spent be in the vicinity of the reactor site and prepare an environmental impact fuel. That will occur only when, and if, is insignificant compared to the amount statement for the proposed exemption. a CoC is issued. NRC approval of the of concrete fabrication performed The request for the exemption from 10 procurement and fabrication exemption annually in the United States. If the CFR 72.234(c) was filed by NAC on July request should not be construed as an VCCs are not usable, they could be NRC commitment to favorably consider disposed of or recycled. The amount of 19, 1999. For further details with NAC’s application for a CoC. NAC will material disposed of would be respect to this action, see the bear the risk of all activities conducted insignificant compared to the amount of application for a CoC for the UMS under the exemption; including the risk concrete that is disposed of annually in system, dated August 29, 1997, as that the 36 TSCs, 36 VCCs, and 1 the United States. Based upon this supplemented January 29, February 12, transfer cask that NAC plans to information, the procurement of and July 16, 1999. The exemption construct may not be usable as a result materials and fabrication of the VCCs request and CoC application are of not meeting specifications or will have no significant impact on the docketed under 10 CFR part 72, Docket conditions delineated in a CoC that NRC environment since no radioactive 72–1015. may ultimately approve. materials are involved, and the amount The exemption request and the non- Environmental Impacts of the of natural resources used is minimal. proprietary version of the CoC Proposed Action: The Environmental Alternative to the Proposed Action: application are available for public Assessment for the final rule, ‘‘Storage Since there is no significant inspection at the Commission’s Public of Spent Nuclear Fuel in NRC-Approved environmental impact associated with Document Room, 2120 L Street, NW, Storage Casks at Nuclear Power Reactor the proposed action, any alternatives Washington, DC 20555. Sites’’ (55 FR 29181 (1990)), considered with equal or greater environmental the potential environmental impacts of impact are not evaluated. The Dated at Rockville, Maryland, this 20th day casks which are used to store spent fuel alternative to the proposed action would of August 1999.

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For the Nuclear Regulatory Commission. the Nuclear Energy Institute, ASME, and to make oral statements should notify Susan F. Shankman, other interested persons regarding this the cognizant ACRS staff engineer Acting Director, Spent Fuel Project Office, review. named below five days prior to the Office of Nuclear Material Safety and Further information regarding topics meeting, if possible, so that appropriate Safeguards. to be discussed, whether the meeting arrangements can be made. [FR Doc. 99–23077 Filed 9–2–99; 8:45 am] has been canceled or rescheduled, and During the initial portion of the BILLING CODE 7590±01±P the Chairman’s ruling on requests for meeting, the Subcommittee, along with the opportunity to present oral any of its consultants who may be statements and the time allotted present, may exchange preliminary NUCLEAR REGULATORY therefor, can be obtained by contacting views regarding matters to be COMMISSION the cognizant ACRS staff engineer, Mr. considered during the balance of the Noel F. Dudley (telephone 301/415– meeting. Advisory Committee on Reactor 6888) between 7:30 a.m. and 4:15 p.m. The Subcommittee will then hear Safeguards; Subcommittee Meeting on (EDT). Persons planning to attend this presentations by and hold discussions Materials and Metallurgy; Notice of meeting are urged to contact the above with representatives of the NRC staff Meeting named individual one or two working and other interested persons regarding this review. The ACRS Subcommittee on Materials days prior to the meeting to be advised Further information regarding topics and Metallurgy will hold a meeting on of any potential changes to the agenda, to be discussed, whether the meeting September 22, 1999, Room T–2B3, etc., that may have occurred. has been canceled or rescheduled, and 11545 Rockville Pike, Rockville, Dated: August 30, 1999. the Chairman’s ruling on requests for Maryland. Richard P. Savio, the opportunity to present oral The entire meeting will be open to Associate Director for Technical Support, statements and the time allotted public attendance. ACRS/ACNW. therefor, can be obtained by contacting The agenda for the subject meeting [FR Doc. 99–23072 Filed 9–2–99; 8:45 am] the cognizant ACRS staff engineer, Mr. shall be as follows: BILLING CODE 7590±01±P Noel F. Dudley (telephone 301/415– Wednesday, September 22, 1999— 6888) between 7:30 a.m. and 4:15 p.m. 1:00 p.m. until the conclusion of (EDT). Persons planning to attend this business. NUCLEAR REGULATORY meeting are urged to contact the above The Subcommittee will review the COMMISSION staff’s proposed revision to 10 CFR named individual one or two working 50.55a, ‘‘Codes and standards,’’ that Advisory Committee on Reactor days prior to the meeting to be advised eliminates the requirement to update Safeguards; Meeting of the of any potential changes to the agenda, inservice inspection and inservice Subcommittee on Plant License etc., that may have occurred. testing programs to the latest American Renewal; Notice of Meeting Dated: August 30, 1999. Society for Mechanical Engineers The ACRS Subcommittee on Plant Richard P. Savio, (ASME) Code edition every 120 months License Renewal will hold a meeting on Associate Director for Technical Support, and related matters. The purpose of this September 23, 1999, in Room T–2B3, ACRS/ACNW. meeting is to gather information, 11545 Rockville Pike, Rockville, [FR Doc. 99–23073 Filed 9–2–99; 8:45 am] analyze relevant issues and facts, and to Maryland. BILLING CODE 7590±01±P formulate proposed positions and The entire meeting will be open to actions, as appropriate, for deliberation public attendance. by the full Committee. The agenda for the subject meeting NUCLEAR REGULATORY Oral statements may be presented by shall be as follows: COMMISSION members of the public with the Thursday, September 23, 1999—8:30 concurrence of the Subcommittee a.m. until 12:00 Noon. Advisory Committee on Reactor Chairman. Written statements will be The Subcommittee will review the Safeguards Joint Meeting of the ACRS accepted and made available to the status of the staff activities associated Subcommittees on Reliability and Committee. Electronic recordings will with the Generic Aging Lessons Learned Probabilistic Risk Assessment and on be permitted only during those portions (GALL) program and the license renewal Regulatory Policies and Practices; of the meeting that are open to the issue process, the proposed format of Notice of Meeting public, and questions may be asked only license renewal applications, and other The ACRS Subcommittees on by members of the Subcommittee, its selected license renewal issues. The Reliability and Probabilistic Risk consultants, and staff. Persons desiring purpose of this meeting is to gather Assessment and on Regulatory Policies to make oral statements should notify information, analyze relevant issues and and Practices will hold a joint meeting the cognizant ACRS staff engineer facts, and to formulate proposed on September 23–24, 1999, Room T– named below five days prior to the positions and actions, as appropriate, 2B3, 11545 Rockville Pike, Rockville, meeting, if possible, so that appropriate for deliberation by the full Committee. Maryland. arrangements can be made. Oral statements may be presented by The entire meeting will be open to During the initial portion of the members of the public with the public attendance. meeting, the Subcommittee, along with concurrence of the Subcommittee The agenda for the subject meeting any of its consultants who may be Chairman; written statements will be shall be as follows: present, may exchange preliminary accepted and made available to the Thursday, September 23, 1999—1:00 views regarding matters to be Committee. Electronic recordings will p.m. until the conclusion of business considered during the balance of the be permitted only during those portions The Subcommittees will review meeting. of the meeting that are open to the proposed revisions to the NRC PRA The Subcommittee will then hear public, and questions may be asked only Implementation Plan. presentations by and hold discussions by members of the Subcommittee, its Friday, September 24, 1999—8:30 with representatives of the NRC staff, consultants, and staff. Persons desiring a.m. until the conclusion of business

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The Subcommittees will review the PENSION BENEFIT GUARANTY exceeds $1 million. (For this purpose, a proposed rulemaking plan and study for CORPORATION plan is underfunded if its funded development of risk-informed revisions current liability percentage is less than to 10 CFR Part 50, ‘‘Domestic Licensing Submission of Information Collection 100 percent.) The lien is upon all of Production and Utilization for OMB Review; Comment Request; property and rights to property Facilities.’’ The purpose of this meeting Notice of Failure To Make Required belonging to the person or persons who is to gather information, analyze Contributions are liable for required contributions (i.e., a contributing sponsor and each relevant issues and facts, and to AGENCY: Pension Benefit Guaranty member of the controlled group of formulate proposed positions and Corporation. actions, as appropriate, for deliberation which that contributing sponsor is a ACTION: Notice of request for extension member). by the full Committee. of OMB approval. Only the PBGC (or, at its direction, Oral statements may be presented by the plan’s contributing sponsor or a members of the public with the SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) is requesting that member of the same controlled group) concurrence of the Subcommittee may perfect and enforce this lien. Chairman; written statements will be the Office of Management and Budget (OMB) extend approval, under the Therefore, ERISA and the Code require accepted and made available to the Paperwork Reduction Act, of the persons committing payment failures to Committee. Electronic recordings will collection of information under Part notify the PBGC within 10 days of the be permitted only during those portions 4043 of its regulations relating to Notice due date whenever there is a failure to of the meeting that are open to the of Failure to Make Required make a required payment and the total public, and questions may be asked only Contributions (OMB control number of the unpaid balances (including by members of the Subcommittees, their 1212–0041; expires November 30, 1999). interest) exceeds $1 million. consultants, and staff. Persons desiring This notice informs the public of the PBGC Form 200, Notice of Failure to to make oral statements should notify PBGC’s request and solicits public Make Required Contributions, and the cognizant ACRS staff engineer comment on the collection of related filing instructions, implement named below five days prior to the information. the statutory notification requirement. meeting, if possible, so that appropriate DATES: Comments should be submitted Submission of Form 200 is required by arrangements can be made. by October 4, 1999. 29 CFR § 4043.81. During the initial portion of the ADDRESSES: Comments should be The collection of information under meeting, the Subcommittees, along with mailed to the Office of Information and the regulation has been approved any of their consultants who may be Regulatory Affairs of the Office of through November 30, 1999, by OMB present, may exchange preliminary Management and Budget, Attention: under control number 1212–0041. The views regarding matters to be Desk Officer for Pension Benefit PBGC is requesting that OMB extend considered during the balance of the Guaranty Corporation, Washington, DC approval for another three years. An agency may not conduct or sponsor, and meeting. 20503. Copies of the request for extension (including the collection of a person is not required to respond to, The Subcommittees will then hear a collection of information unless it presentations by and hold discussions information) are available from the Communications and Public Affairs displays a currently valid OMB control with representatives of the NRC staff, Department, suite 240, 1200 K Street, number. their consultants, and other interested NW., Washington, DC 20005–4026, The PBGC estimates that it will persons regarding this review. between 9 a.m. and 4 p.m. on business receive Form 200 filings with respect to Further information regarding topics days. up to 10 single-employer plans per year under this collection of information. to be discussed, whether the meeting FOR FURTHER INFORMATION CONTACT: has been canceled or rescheduled, and Harold J. Ashner, Assistant General The PBGC further estimates that the the Chairman’s ruling on requests for Counsel, or James L. Beller, Attorney, average annual burden of this collection the opportunity to present oral Office of the General Counsel, Pension of information is 42.5 hours and $6,375. statements and the time allotted therefor Benefit Guaranty Corporation, 1200 K Issued in Washington, DC, this 31st day of can be obtained by contacting the Street, NW., Washington, DC 20005– August, 1999. cognizant ACRS staff engineer, Mr. 4026, 202–326–4024. (For TTY and Stuart Sirkin, Michael T. Markley (telephone 301/ TDD, call the Federal relay service toll- Director, Corporate Policy and Research 415–6885) between 7:30 a.m. and 4:15 free at 1–800–877–8339 and request Department, Pension Benefit Guaranty p.m.(EDT). Persons planning to attend connection to 202–326–4024.) Corporation. this meeting are urged to contact the SUPPLEMENTARY INFORMATION: Section [FR Doc. 99–23079 Filed 9–2–99; 8:45 am] above named individual one or two 302(f) of the Employee Retirement BILLING CODE 7708±01±P working days prior to the meeting to be Income Security Act of 1974 (‘‘ERISA’’) advised of any potential changes to the and section 412(n) of the Internal PENSION BENEFIT GUARANTY agenda, etc., that may have occurred. Revenue Code of 1986 (‘‘Code’’) impose CORPORATION a lien in favor of an underfunded single- Dated: August 30, 1999 employer plan that is covered by the Richard P. Savio, Submission of Information Collection termination insurance program if (1) for OMB Review; Comment Request; Associate Director for Technical Support, Any person fails to make a required Reportable Events ACRS/ACNW. payment when due, and (2) the unpaid [FR Doc. 99–23074 Filed 9–2–99; 8:45 am] balance of that payment (including AGENCY: Pension Benefit Guaranty BILLING CODE 7590±01±U interest), when added to the aggregate Corporation. unpaid balance of all preceding ACTION: Notice of request for extension payments for which payment was not of OMB approval. made when due (including interest),

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SUMMARY: The Pension Benefit Guaranty displays a currently valid OMB control Dated: August 26, 1999. Corporation (PBGC) is requesting that number. Jacqueline White, the Office of Management and Budget The PBGC estimates that it will Chief, Administrative Information Branch. (OMB) extend approval, under the receive 305 reportable events notices [FR Doc. 99–23050 Filed 9–2–99; 8:45 am] Paperwork Reduction Act, of the per year under this collection of BILLING CODE 8025±01±M collection of information under Part information. The PBGC further 4043 of its regulations relating to estimates that the average annual Reportable Events (OMB control number burden of this collection of information DEPARTMENT OF TRANSPORTATION 1212–0013; expires November 30, 1999). is 1,249 hours and $187,350. This notice informs the public of the Issued in Washington, DC, this 31st day of Office of the Secretary PBGC’s request and solicits public August, 1999. comment on the collection of Stuart Sirkin, Announcement of Public Forum on information. Director, Corporate Policy and Research Regulatory Flexibility Analysis DATES: Comments should be submitted Department, Pension Benefit Guaranty TIME AND DATE: 1:00 p.m.–4:00 p.m., by October 4, 1999. Corporation. September 21, 1999. [FR Doc. 99–23080 Filed 9–2–99; 8:45 am] ADDRESSES: Comments should be PLACE: Room 10234, Nassif Building, mailed to the Office of Information and BILLING CODE 7708±01±P Department of Transportation, 400 Regulatory Affairs of the Office of Seventh Street, SW., Washington, DC Management and Budget, Attention: 20590. Desk Officer for Pension Benefit SMALL BUSINESS ADMINISTRATION STATUS: Open to public with attendance Guaranty Corporation, Washington, DC limited to space available. 20503. Copies of the request for Data Collection Available for Public PURPOSE: The purpose of the forum is to extension (including the collection of Comments and Recommendations have an exchange of ideas and to start information) are available from the a dialogue that will better enable the ACTION: Notice and request for Communications and Public Affairs Department to analyze its rules. We do comments. Department, suite 240, 1200 K Street, not want comments on specific rules or NW., Washington, DC 20005–4026, SUMMARY: In accordance with the proposals, although it would be between 9 a.m. and 4 p.m. on business appropriate to use an existing rule to days. Paperwork Reduction Act of 1995, this notice announces the Small Business illustrate a point. FOR FURTHER INFORMATION CONTACT: Administration’s intention to request SUMMARY: The Department of Harold J. Ashner, Assistant General approval on a new and/or currently Transportation will be hosting a public Counsel, or James L. Beller, Attorney, approved information collection. forum on regulatory flexibility analysis Office of the General Counsel, Pension DATES: in rulemaking. Expert panelists for this Benefit Guaranty Corporation, 1200 K Submit comments on or before November 2, 1999. forum will include representatives from Street, NW., Washington, DC 20005– business, labor and government. The ADDRESSES: Send all comments 4026, 202–326–4024. (For TTY and moderator of the forum will present a regarding whether this information TDD, call the Federal relay service toll- series of issues to the panel for collection is necessary for the proper free at 1–800–877–8339 and request discussion; the audience will also be performance of the function of the connection to 202–326–4024.) encouraged to ask questions or make agency, whether the burden estimate is SUPPLEMENTARY INFORMATION: Section comments. The forum will address accurate, and if there are ways to 4043 of the Employee Retirement various issues such as improving minimize the estimated burden and Income Security Act of 1974 (ERISA) regulatory flexibility analysis used in enhance the quality of the collection, to requires plan administrators and plan rulemaking decisions, helping small Mr. Leon Bechet, Assistant sponsors to report certain plan and entities participate more effectively in Administrator Division of Program corporate events to the PBGC. The rulemaking, and reviewing existing Certification and Eligibility, Office of reporting requirements give the PBGC rules to determine whether they should Minority Enterprise Development, Small timely notice of events that indicate be revised to lessen or eliminate Business Administration, 409 3rd Street plan or employer financial problems. burdens on small entities. The forum on SW., Suite 8000, Washington, DC 20416. The PBGC uses the information regulatory flexibility analysis is the provided in determining what, if any, FOR FURTHER INFORMATION CONTACT: third in a series of public forums on action it needs to take. For example, the Leon Bechet, Assistant Administrator rulemaking. As with the forum on PBGC might need to institute Division Program Certification and economic analysis held in May and the proceedings to terminate the plan Eligibility, 202–205–6416 or Curtis B. forum on risk assessment held in June, (placing it in trusteeship) under section Rich, Management Analyst, 202–205– the forum on regulatory flexibility 4042 of ERISA to ensure the continued 7030. analysis will provide an opportunity for payment of benefits to plan participants SUPPLEMENTARY INFORMATION: the public to join the Department in and their beneficiaries or to prevent Title: Personal Financial Statement discussing important rulemaking issues. unreasonable increases in its losses. 8(a) Business Development/SDB REGISTRATION: Participants are requested The collection of information under Certification Program. to register their intent to attend this the regulation has been approved Type of Request: New Information forum meeting by sending e-mail to through November 30, 1999, by OMB Collection. [email protected]. Put the under control number 1212–0013. The Form No: SBA Form 2099. words ‘‘Registration for Small Entities PBGC is requesting that OMB extend Description of Respondents: Small Forum’’ in the subject line and the approval for another three years. An Business Owners. participant’s name, address, phone agency may not conduct or sponsor, and Annual Responses: (estimate 10,000). number, and affiliation in the body of a person is not required to respond to, Annual Burden: 15,000–20,000 hours the message. If you do not have internet a collection of information unless it (per application). access, you can register by calling 202–

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366–4723 or by writing to the contact Management Panel under the charter of will include evaluation of a broad range person below. Please include your the Navigation Safety Advisory Council of information about the safety and name, address, and phone number in (NAVSAC) (a Federal advisory marine transportation systems along your letter/postcard. Also, remember committee under 5 U.S.C. App. 2). The with relevant risk information on that space is limited and registration is Panel will develop an integrated plan hazards, incident history, oil on a first-come-first-served basis. for managing the marine safety risks in movements, environmental sensitivity, FOR FURTHER INFORMATION CONTACT: the North Puget Sound area and response capability and other Gwyneth Radloff, Office of General adjacent waters. The geographic area information. Counsel (C–50), Department of includes the entrance and approaches to Notice of these meetings is given Transportation, Room 10424, 400 the Strait of Juan de Fuca, the Strait of under the Federal Advisory Committee Seventh Street, SW., Washington, DC Juan de Fuca to Admiralty Inlet, Haro Act, 5 U.S.C. App. 2. 20590. Phone: (202) 366–4723 (voice), Strait and Boundary Pass, Rosario Strait, Procedural (202) 755–7687 (TDD); Email: and the Strait of Georgia. The Panel will [email protected]. consider all relevant information and The meetings are open to the public. evaluate all potential measures to Please note that the meetings may close Issued in Washington, D. C., this 31st day early if all business is finished. At the of August, 1999. improve marine safety in the North Puget Sound area. By June 15, 2000, the Co-Chairs’ discretion, members of the Neil Eisner, Panel will submit a report of its public may make oral presentations Assistant General Counsel for Regulation and recommendations via NAVSAC to the during the meetings. The Co-Chairs and Enforcement. Commandant of the U.S. Coast Guard the Panel members will determine the [FR Doc. 99–23056 Filed 9–2–99; 8:45 am] and the Governor of the State of time and place of subsequent meetings BILLING CODE 4910±62±P Washington. Recommendations may of the Panel. For information about involve international, Federal, State, subsequent meetings, contact a person listed in FOR FURTHER INFORMATION DEPARTMENT OF TRANSPORTATION and voluntary activities and measures. The Panel will be chaired by RADM CONTACT. Coast Guard Paul Blayney, Commander, U.S. Coast Information on Services for Individuals Guard Thirteenth District, and Mr. With Disabilities [USCG±1998±4501] Thomas Fitzsimmons, Director, State of For information on facilities or Washington Department of Ecology. Navigation Safety Advisory Council; In accordance with NAVSAC’s services for individuals with disabilities North Puget Sound Long-Term Risk charter, the Commandant of the U.S. or to request special assistance at the Management Panel Coast Guard will invite the members of meetings, contact Captain Scott Davis at 206–220–7210. AGENCY: Coast Guard, DOT. the Panel. Each member will represent ACTION: Notice of meetings. one of the following groups: Dated: August 30, 1999. 1. Native Americans (1 seat). Josepth J. Angelo, SUMMARY: The North Puget Sound Long- 2. Puget Sound Steamship Operators Director of Standards, Marine Safety and term Risk Management Panel will meet Association (1 seat). Environmental Protection. for the first time to discuss various 3. Western States Petroleum [FR Doc. 99–23025 Filed 9–2–99; 8:45 am] issues relating to the maritime safety in Association (2 seats). BILLING CODE 4910±15±P the North Puget Sound area. The Coast 4. County governments (2 seats). Guard is creating the Panel under the 5. North Pacific Fishing Vessel charter for the Navigation Safety Operators Association (1 seat). DEPARTMENT OF TRANSPORTATION Advisory Council (NAVSAC). The 6. Washington Environmental Council meeting and all subsequent meetings (2 seats). Coast Guard 7. Washington Public Ports will be open to the public. [USCG±1998±4765] DATES: The North Puget Sound Long- Association (1 seat). Term Risk Management Panel will meet 8. Shellfish Growers Association (1 Coast Guard ``Optimize Training on Thursday and Friday, September 23 seat). Infrastructure'' Initiative: and 24, 1999, from 9:00 a.m. to 4 p.m. 9. American Waterways Operators (1 Programmatic Environmental seat). ADDRESSES: The Panel will meet at the Assessment and Proposed Finding of 10. Puget Sound Pilots Association (1 National Oceanographic and No Significant Impact seat). Atmospheric Administration’s 11. City Government (1 seat). AGENCY: Coast Guard, DOT. (NOAA’s) Western Regional Center in 12. State legislators (4 seats). ACTION: Notice of availability, notice of Building 9, 7600 Sand Point Way NE., 13. U.S. Congressional staff (1 seat). meetings, and request for comments. Seattle, WA 98115. This notice is 14. Canadian Coast Guard (1 seat). available on the Internet at http:// 15. Transport Canada (1 seat). SUMMARY: The Coast Guard announces dms.dot.gov. the availability of a Programmatic FOR FURTHER INFORMATION CONTACT: Agendas of Meetings Environmental Assessment (PEA) and a Captain Scott Davis, Coast Guard The meetings will include evaluations proposed Finding of No Significant Thirteenth District, 206–220–7210, or of the components of the existing safety Impact (FONSI) for the ‘‘Optimize Mr. Joe Stohr, State of Washington system as well as detailed discussions of Training Infrastructure’’ (OTI) Initiative. Department of Ecology, 360–407–7450. various potential improvements to The OTI Initiative examined the ability SUPPLEMENTARY INFORMATION: maritime safety in the region. The Panel of the Coast Guard’s training will use an approach based on infrastructure (training methods, North Puget Sound Long-Term Risk recognized risk assessment and risk personnel, and facilities) to support Management Panel management practices to develop an changing technological and operational The Coast Guard is creating the North integrated plan to manage identified conditions in an efficient, cost-effective Puget Sound Long-Term Risk risks. The plan development process manner. This notice also announces

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.297 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48443 public meetings and requests comments FOR FURTHER INFORMATION CONTACT: For alternative (Alternative 3) and that the on the PEA and proposed FONSI. questions on this notice, the NEPA preparation of an environmental impact DATES: The dates of the public meetings process, and NEPA documents, contact statement is not necessary. As a result, are— Ms. Susan Boyle, Commander(se), a proposed Finding of No Significant 1. September 13, 1999, from 6:30 p.m. USCG MLC Pacific, Coast Guard Island Impact (FONSI) has been prepared. to 9 p.m., Cape May, NJ; and #54D, Alameda, CA 94501–5100, 510– The PEA evaluates the full range of 2. September 15, 1999, from 6:30 p.m. 437–3973. For questions on the OTI resources affected by each alternative. to 9 p.m., Petaluma, CA. Initiative, contact LCDR Keith Curran, The resources include land, The meetings may close early if all Reserve and Training Directorate (G– infrastructure, transportation assets, business is finished. A public open WT), Coast Guard Headquarters, 2100 hazardous materials and wastes, house will be held before each meeting Second Street SW., Washington, DC biological resources, cultural resources, from 4:30 p.m. to 6:30 p.m. 20593, phone 202–267–2429 or email air, noise, water, geology, soils, and Comments must reach the Coast [email protected]. For questions on socioeconomic conditions relevant to Guard on or before October 8, 1999. viewing material in the OTI web site, the programmatic level of analysis and contact Mr. John Bock, Tetra Tech, 415– decision-making. Specific ADDRESSES: The locations of the public socioeconomic conditions include meetings are- 974–1221. For questions on viewing population, demographics, employment, 1. Cape May—Grand Hotel, Ocean material in the Department of Transportation’s Docket Management income, housing, schools, and public Front and Philadelphia Streets, Cape System, contact Ms. Dorothy Walker, services. May, NJ; and Chief, Dockets, Department of 2. Petaluma—Kenilworth Junior High Public Participation Transportation, 202–366–9329. School, 998 East Washington St., SUPPLEMENTARY INFORMATION: On November 19, 1998, we published Petaluma, CA. a notice in the Federal Register entitled Electronic copies of the Programmatic The OTI Initiative ‘‘Intent to Prepare a Programmatic Environmental Assessment (PEA) and Under the ‘‘Optimize Training Environmental Assessment for the Coast proposed Finding of No Significant Infrastructure’’ (OTI) Initiative, the Guard ‘Optimize Training Impact (FONSI) are available through Coast Guard examined the ability of its Infrastructure’ Initiative’’ (63 FR 64309). the OTI web site at http:// training infrastructure to support The purpose for the notice was to www.ttsfo.com/USCG. The documents changing technological and operational announce our intent to prepare a PEA may be viewed in text-readable form or conditions in a cost-effective and and to begin the process of gathering the downloaded. efficient manner. All aspects of the public’s comments to assist us in Bound copies may be viewed at the training infrastructure were evaluated, developing the PEA. It included a following locations: including hard infrastructure (e.g., description of the recommended 1. Cape May Public Library, 110 buildings, utilities, and classroom types) alternatives and announced three public Ocean Street, Cape May, NJ. and soft infrastructure (e.g., training meetings to assist in gathering public 2. Newport News Public Library, 2400 staff, class size, curricula, training comments. With the publication of the Washington Avenue, Newport News, delivery methods, mid-level notice, a period of public outreach and VA. management, and financial resources). comment (scoping period) began and 3. Pasquotank—Camden Library, 205 This process emphasized optimizing ran until January 6, 1999. However, East Main Street, Elizabeth City, NC. training, while maintaining the comments received after that date were 4. Petaluma Library, 100 Fairgrounds flexibility to meet future needs. also reviewed and, as appropriate, Drive, Petaluma, CA. incorporated in the NEPA process. Electronic copies may also be viewed Preferred Alternative In addition to the notice of intent, the in the Department of Transportation’s The Coast Guard announced its public was notified of the scoping Docket Management System at http:// preferred alternative in the Federal process through notices mailed directly dms.dot.gov (located at docket USCG– Register on July 16, 1999 (64 FR 38498). to numerous public officials, agencies, 1998–4765). The PEA, proposed FONSI, The preferred alternative is to retain all and organizations. Scoping notices also comments submitted during public four training centers (Training Center were published in the Cape May Star scoping, and other relevant materials are Cape May, NJ; Training Center and Wave (Cape May, New Jersey), the available for viewing at this site in a Petaluma, CA; Reserve Training Center Atlantic City Press (Atlantic City, New ‘‘scanned image’’ format, rather than as Yorktown, VA; and Aviation & Jersey), the Daily Press (Yorktown, text. All comments received during this Technical Training Center Elizabeth, Virginia), the Argus Courier (Petaluma, phase, and other relevant materials, will NC) and, where cost effective, fill any California), and the Press Democrat be placed in the docket. They will be excess training capacity with non- (Santa Rosa, California). available for inspection or copying at training and training-related functions. During the public scoping period, the the Docket Management Facility, U.S. No major new construction projects are Coast Guard received letters and Department of Transportation, room PL– associated with this alternative. statements from 481 individuals and 401, 400 Seventh Street SW., form letters from 337 individuals. In Washington DC 20590–0001, on the Programmatic Environmental addition, 121 people made verbal Plaza level of the Nassif Building Assessment comments at the public meetings. In between 9 a.m. and 5 p.m., Monday The Programmatic Environmental total, 897 people participated in the through Friday, except Federal holidays. Assessment (PEA) describes and scoping process by providing written or You may mail, FAX, email, or hand- compares the potential environmental verbal comments. Additionally, local deliver your comments to Ms. Susan and socioeconomic effects of each of the governments submitted resolutions Boyle, U.S. Coast Guard, c/o Tetra Tech, alternatives under consideration. We addressing the proposed action and 180 Howard Street, Suite 250, San have determined that no significant issued petitions, generally voicing Francisco, CA 94105, Phone 510–437– environmental or socioeconomic opposition to one of the proposed 3973, FAX 415–974–5914, or email impacts would result from the closure alternatives. The issues and [email protected]. implementation of the preferred concerns expressed in the public

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.178 pfrm08 PsN: 03SEN1 48444 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices comments during the scoping phase of DEPARTMENT OF TRANSPORTATION submit to the FAA a noise compatibility the planning process are summarized in program which sets forth the measures the scoping report, Appendix A of the Federal Aviation Administration taken or proposed by the airport PEA. Transcripts from the scoping operator for the reduction of existing Approval of Noise Compatibility meetings and all written material noncompatible land uses and Program; Rickenbacker International received during the scoping period can prevention of additional noncompatible Airport, Columbus, Ohio be viewed at the web site for land uses within the area covered by the Department of Transportation’s Docket AGENCY: Federal Aviation noise exposure maps. The Act requires Management System at http:// Administration, DOT. such programs to be developed in dms.dot.gov (located at docket USCG– ACTION: Notice. consultation with interested and 1998–4765). affected parties including local SUMMARY: The Federal Aviation communities, government agencies, The present notice of availability Administration (FAA) announces its airport users, and FAA personnel. begins the second phase of public findings on the noise compatibility Each airport noise compatibility involvement by seeking comments on program submitted by Rickenbacker program developed in accordance with the PEA. Following the comment period Port Authority, Columbus, Ohio, under Federal Aviation Regulations (FAR) part on the PEA and an analysis of the provisions of Title I of the Aviation 150 is a local program, not a Federal comments received, the Commandant of Safety and Noise Abatement Act of 1979 program. The FAA does not substitute the Coast Guard will weigh appropriate (Pub. L. 96–193) and 14 CFR Part 150. its judgment for that of the airport information and make a final decision. These findings are made in recognition proprietor with respect to which That decision will be published in the of the description of Federal and measures should be recommended for Federal Register. nonfederal responsibilities in Senate action. The FAA’s approval or Report No. 96–52 (1980). On January 22, disapproval of FAR part 150 program Public Meetings 1999, the FAA determined that the recommendations is measured Two public meetings will be held on noise exposure maps submitted by according to the standards expressed in the PEA and proposed FONSI. (See Rickenbacker Port Authority under part Part 150 and the Act, and is limited to DATES and ADDRESSES.) Please note that 150 were in compliance with applicable the following determinations: a. The noise compatibility program the meetings may close early if all requirements. On July 14, 1999, the was developed in accordance with the business is finished. For information on Assistant Administrator for Airports provisions and procedures of FAR Part facilities or services for individuals with approved the Rickenbacker International Airport noise 150; disabilities or to request special b. Program measures are reasonably assistance at the meetings, contact Ms. compatibility program. A total of twenty-six (26) measures consistent with achieving the goals of Boyle (See FOR FURTHER INFORMATION were included in the Rickenbacker Port reducing existing noncompatible land CONTACT) as soon as possible. Authority Noise Compatibility Plan, uses around the airport and preventing A public meeting has not been which continue or expand the intent of the introduction of additional scheduled for Yorktown, VA, since the approved 1989 NCP. Of the twenty- noncompatible land uses; there was little public interest in OTI at six (26) measures included, four (4) are c. Program measures would not create RTC Yorktown during the scoping phase listed as ‘‘Noise Abatement Plan an undue burden on interstate or foreign of the NEPA process. However, if public Measures,’’ five (5) are listed as commerce, unjustly discriminate against interest in this next phase increases, a ‘‘Program Management Measures,’’ and types or classes of aeronautical uses, meeting may be scheduled there. seventeen (17) are listed as ‘‘Land Use violate the terms of airport grant Management Plan.’’ The FAA has agreements, or intrude areas preempted Request for Comments approved twenty (20) of the twenty-six by the Federal Government; and (26) measures. d. Program measures relating to the We encourage you to participate by use of flight procedures can be EFFECTIVE DATE: submitting written comments on the The effective date of the implemented within the period covered PEA and FONSI or by presenting verbal FAA’s approval of the Rickenbacker by the program without derogating comments at a public meeting. If you International Airport noise safety, adversely affecting the efficient submit written comments, please compatibility program is July 14, 1999. use and management of the navigable include your name and address and FOR FURTHER INFORMATION CONTACT: airspace and air traffic control systems, identify the docket number for this Mary Jagiello, Federal Aviation or adversely affecting other powers and notice (USCG–1998–4765). Please Administration, Detroit Airports District responsibilities of the Administrator submit written comments and Office, Willow Run Airport, East, 8820 prescribed by law. attachments in an unbound format, no Beck Road, Belleville, Michigan 48111, Specific limitations with respect to larger than 81⁄2 by 11 inches, suitable for 734–487–7296. Documents reflecting the FAA’s approval of an airport noise copying and electronic filing to Ms. this FAA action may be reviewed at this compatibility program are delineated in Boyle at the address under ADDRESSES. same location. FAR part 150, § 150.5. Approval is not If you would like to know we received SUPPLEMENTARY INFORMATION: This a determination concerning the your comments, please enclose a notice announces that the FAA has acceptability of land uses under Federal, stamped, self-addressed postcard or given its overall approval to the noise state, or local law. Approval does not by envelope. compatibility program for Rickenbacker itself constitute an FAA implementing International Airport, effective July 14, action. A request for Federal action or Dated: August 26, 1999. 1999. approval to implement specific noise J. B. Willis, Under section 104(a) of the Aviation compatibility measures may be Captain, U. S. Coast Guard, Acting Director Safety and Noise Abatement Act of 1979 required, and an FAA decision on the of Reserve and Training. (hereinafter referred to as ‘‘the Act’’), an request may require an environmental [FR Doc. 99–22927 Filed 9–2–99; 8:45 am] airport operator who has previously assessment of the proposed action. BILLING CODE 4910±15±P submitted a noise exposure map may Approval does not constitute a

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Manager, Detroit Airports District Office, District Office in Belleville, Michigan. Seventeen (17) of the twenty-six (26) Great Lakes Region. Rickenbacker Port Authority measures submitted are listed as ‘‘Land [FR Doc. 99–23021 Filed 9–2–99; 8:45 am] submitted to the FAA on April 17, 1998, Use Management Plan.’’ Eleven (11) of BILING CODE 4910±13±M noise exposure maps, descriptions, and the seventeen (17) measures were other documentation. This approved. These include the purchase documentation was produced during of homes within the 65 DNL noise DEPARTMENT OF TRANSPORTATION the Airport Noise Compatibility contour, purchase of undeveloped land Planning (part 150) Study at within the 70 DNL noise contour, and Federal Aviation Administration Rickenbacker International Airport from encouragement of local jurisdictions to 1997 through 1998. Rickenbacker adopt compatible land use zoning, noise Notice To Prepare an Environmental International Airport noise exposure overlay zoning, subdivision regulations, Impact Statement and Conduct maps were determined by the FAA to be comprehensive planning, land use Scoping for Air Traffic Control in compliance with applicable policies, guidelines for discretionary Procedural Changes in and Near the requirements on January 22, 1999. project review, land use controls, and Baltimore-Washington Metropolitan Notice of this determination was amend the purpose paragraphs of the Area published in the Federal Register on zoning, subdivision, and building codes AGENCY: Federal Aviation February 24, 1999. of the Columbus City Codes to include Administration, DOT. The Rickenbacker Port Authority Rickenbacker International Airport. Five study contains a proposed noise (5) of the seventeen (17) measures do ACTION: Notice of intent to prepare an compatibility program comprised of not require FAA action. These five (5) Environmental Impact Statement and actions designed for phased measures include adoption of height conduct scoping meetings. implementation by airport management and hazard zoning, encouragement of and adjacent jurisdictions from the date SUMMARY: The Federal Aviation local jurisdictions to adopt floodplain Administration (FAA) is issuing this of study completion to the year 2002. It zoning, establishment of a local program was requested that the FAA evaluate notice to advise the public that an to purchase avigation easements over and approve this material as a noise Environmental Impact Statement (EIS) property eligible under the 1989 NCP, compatibility program as described in will be prepared and considered to purchase of selected homes in the section 104(b) of the Act. The FAA assess the potential impacts of changes forecasted 1992 70 DNL noise contour began its review of the program on to air traffic control procedures and completed under the 1989 NCP, and January 22, 1999, and was required by aircraft routings. These changes are sound insulation of schools completed a provision of the Act to approve or associated with the consolidation of under the 1989 NCP. One (1) of the disapprove the program within 180 days four stand-alone Terminal Radar twenty-six (26) measures was (other than the use of new flight Approach Control (TRACON) facilities. withdrawn. This measure was to procedures for noise control). Failure to The TRACONs are currently located at approve or disapprove such program purchase development rights on specific Baltimore-Washington International within the 180-day period would have parcels of undeveloped land within the Airport, Ronald Reagan Washington been deemed to be an approval of such 192 65 DNL noise contours. These National Airport, and Washington program. twenty-six (26) determinations are set Dulles International Airport; and the The submitted program proposed by fourth in detail in a Record of Approval FAA operated TRACON located at the airport sponsor contained twenty-six endorsed by the Assistant Administrator Andrews Air Force Base, Maryland. (26) measures for noise mitigation on for Airports on July 14, 1999. The All reasonable alternatives will be and off the airport. The FAA completed Record of Approval, as well as other considered including a no-change its review and determined that the evaluation materials and documents option. The airspace EIS will evaluate procedural and substantive which comprised the submittal to the alternatives to aircraft routes and air requirements of the Act and FAR part FAA, are available for review at the traffic control procedures beyond the 150 have been satisfied. Twenty (20) of following locations: immediate airport area. Changes to the twenty-six (26) measures were Federal Aviation Administration, 800 existing take-off and/or landing noise approved by the Assistant Independence Avenue, SW., Room abatement procedures, or other initial Administrator for Airports effective July 617, Washington, DC 20591. departure or final arrival procedures are 14, 1999. Federal Aviation Administration, Great not being considered. In order to ensure Four (4) of the twenty-six (26) Lakes Region, 2300 East Devon that all significant issues pertaining to measures submitted are listed as ‘‘Noise Avenue, Room 261, Des Plaines, the proposed action are identified, Abatement Plan Measures.’’ These four Illinois 60018. public scoping meetings will be held. (4) measures were approved which deal Federal Aviation Administration, This EIS is being tiered from an with departure flight tracks, and Detroit Airports District Office, earlier EIS that examined the impacts acquiring one periodic noise monitor. Willow Run Airport, East, 8820 Beck associated with consolidation of four Five (5) of the twenty-six (26) measures Road, Belleville, Michigan 48111. TRACONs and construction of a new submitted are listed as ‘‘Program Rickenbacker Port Authority, consolidated facility called the Potomac Management Measures’’ which were all Rickenbacker International Airport, Consolidated TRACON (PCT). A Record approved. These five (5) measures 7400 Alum Creek Drive, Columbus, of Decision (ROD) on that first tier was include maintaining its Noise Ohio 43217–1248. published in the Federal Register on

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June 9, 1999. The ROD documented Internet at http://www.faa.gov/ats/ If there is a demand and adequate FAA’s decision to consolidate the potomac. interest from other areas that could be TRACONs in a new building to be built Public Scoping Meetings: To facilitate affected by the airspace redesign, at the former Vint Hill Farms Station in the receipt of comments on the EIS, five additional meetings may be scheduled. Fauquier County, Virginia. public scoping meetings will be held. Additionally, for those unable to attend The meetings will be held from 1:30 to a meeting written comments sent to the FOR FURTHER INFORMATION CONTACT: Mr. 3 p.m. and 7 to 9 p.m. at the following address shown below are invited. Joseph Champley, Project Support locations: The scoping period for this project Specialist, Federal Aviation formally begins with this Administration, FAA Air Traffic Control —October 19, 1999 at the Dulles Airport Hilton, 13869 Park Center Road, announcement. Scoping will conclude Systems Command Center, Potomac ninety days after the date of this Program Office, 13600 EDS Drive, Suite Herndon, VA 22071 (Off McLearen Rd, at Route 28) announcement. To ensure that the full 100, Herndon, VA 20171–3233 (800) range of issues related to this proposed 762–9531. Email: [email protected]. —October 20, 1999 at the Gaithersburg Hilton, 620 Perry Parkway, project are addressed and all significant SUPPLEMENTARY INFORMATION: A Gaithersburg, MD 20877 (On I–270), issues identified, comments and TRACON facility provides radar air take Exit 11 to Montgomery Village suggestions on the scope are invited traffic control (ATC) services to aircraft Ave (Rt. 124 East). Right at second from Federal, State, and local agencies, operating on Instrument Flight Rules light (Rt. 355). Right at first light to and other interested parties. Comments (IFR) and Visual Flight Rules (VFR) Perry Parkway. Proceed to Hilton and suggestions may be sent to: FAA procedures generally beyond 5 miles beyond circle) Potomac TRACON Project, c/o Mr. Fred and generally within 50 miles of the —October 26, 1999 at the Colony South, Bankert, PRC, Inc., 12005 Sunrise Valley host airport at altitudes from the surface 7401 Suratts Road, Clinton, MD 20748 Drive, Reston, VA 20191–3423. EMAIL: to approximately 17,000 feet. These (Near Andrews AFB, off Route 5 in [email protected]. distances and altitudes may vary Clinton, MD) Dated: August 30, 1999. depending on local conditions and —October 27, 1999 at the Maritime John Mayhofer, infrastructure constraints such as Institute of Training and Graduate Director TRACON Development Program. adequate radar and radio frequency Studies, 5700 Hammons Ferry Road, [FR Doc. 99–23024 Filed 9–2–99; 8:45 am] coverage. The primary function of the Linthicum Heights, MD 21090 (On I– BILLING CODE 4910±13±M TRACON is to provide a variety of ATC 295 (BWI Parkway), take West Nursey services to arrival, departure, and Road exit. (If you are heading North transient aircraft within its assigned towards Baltimore on I–295, at end of DEPARTMENT OF TRANSPORTATION airspace. These services include aircraft exit, bear right onto Nursey Road. If separation, in-flight traffic advisories you are heading South towards Federal Aviation Administration and navigational assistance. The four Washington on I–295, at end of exit, existing TRACON facilities provide bear left onto Nursey Road). Go to first RTCA Special Committee 193/Eurocae terminal radar ATC services to aircraft traffic light and turn left onto Working Group 44 Terrain and Airport approaching/leaving the four major International Drive. Go to first street Databases airport areas and a number of small and turn left onto Aero Dr. This will Pursuant to section 10(a)(2) of the reliever airports located within the dead end into MITAGS property. Federal Advisory Committee Act (Pub. study area. They will be consolidated Turn right on the driveway and follow L. 92–463, 5 U.S.C., Appendix 2), notice and replaced by a single facility to be signs to Conference Center. Proceed to is hereby given for a Special Committee built at Vint Hill Farms in Fauquier # Building 3 (Academic Building). 193/EUROCAE Working Group 44 County, VA. FAA expects to Meeting is on the Lower Level in meeting to be held September 27– commission the new facility in May # Classroom 1) October 1, 1999, starting at 9 a.m. The 2002. FAA operated control towers will —October 28, 1999 at the National Rural meeting will be held at Marconi remain at each of the airports after the Electric Cooperative Association, Electronic System Avionics Head Office, TRACON consolidation. 4301 Wilson Blvd., Arlilngton, VA Airport Works, Rochester, Kent, FAA will conduct an in depth 22203 (Intersection of Wilson Blvd. England. analysis of aircraft routes and altitudes and Taylor Street in the Ballston area The agenda will be as follows: as well as ATC procedures. The purpose opposite the Ballston Mall. Parking is Monday, September 27, Opening is to determine what, if any, new routes, available in the garage under the Plenary Session: (1) Welcome and altitudes or procedures could be building. Enter off Taylor Street. Introductions; (2) Review/Approval of implemented that would take advantage Ballston Metro stop is approximately Meeting Agenda; (3) Review Summary of the TRACON consolidation, two blocks away. Meeting will be in of the Previous Meeting. (4) New improved aircraft performance, and new the first floor Conference Center) Business; (5) Subgroup 2, Terrain and and emerging ATC technologies. The A separate meeting will be held from Obstacle Databases: (a) Review of goals of the study are to enhance safety, 1:30 to 4 p.m. primarily for Federal, Summary of the Previous Minutes; (b) reduce operating costs and reduce State and local agency staff in Review of Actions Taken during the environmental impacts of Potomac accordance with NEPA coordination Previous Meeting; (c) Presentations; (d) TRACON controlled aircraft in the study requirements. However, this meeting is Review of the Draft Document. Tuesday, area. The project study area is generally also open to the public: September 28: (6) Subgroup 2, within a 75 mile radius of the —October 21, 1999 at the Holiday Inn Continuation of previous day’s Georgetown Non-Directional Radio Capitol, 550 C Street SW, Washington, discussions. Wednesday, September 29: Beacon, a radio navigational aid located DC 20024 (Between National Air and (7) Subgroup 3, Airport Databases: (a) near the Chain Bridge in Washington, Space Museum and Dept. of Review of Summary of the Previous DC. Transportation (intersection of C and Minutes; (b) Review of Actions Taken Additional information on the 6th Street) near L’Enfant Plaza Metro During the Previous Meeting; (c) Potomac TRACON is available on the Station) Presentations; (d) Review of the Draft

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Document. Thursday, September 30: (8) be mailed or delivered to Mr. David C. Issued in Renton, Washington, on August Subgroup 3, continuation of previous Gordon, Interim Airport Director, at the 27, 1999. day’s discussions. Friday, October 1: following address: 0233 East Airport David A. Field, Closing Plenary Session: (9) Summary of Road, Suite A, Aspen, Colorado 81611. Manager, Planning, Programming and Subgroups 2 and 3 Meetings; (10) Air Carriers and foreign air carriers Capacity Branch, Northwest Mountain Assign Tasks; (11) Other Business; (12) may submit copies of written comments Region. Dates and Locations of Next Meetings; previously provided to the Aspen/Pitkin [FR Doc. 99–23023 Filed 9–2–99; 8:45 am] (13) Closing. County Airport, under § 158.23 of part BILLING CODE 4910±13±M Attendance is open to the interested 158. public but limited to space availability. FOR FURTHER INFORMATION CONTACT: Mr. With the approval of the chairmen, Christopher J. Schaffer, (303) 342–1258 DEPARTMENT OF TRANSPORTATION members the public may present oral Denver Airports District Office, DEN– Federal Highway Administration statements at the meeting. Persons ADO; Federal Aviation Administration; wishing to present statements or obtain 26805 East 68th Avenue, Suite 224; Environmental Impact Statement: SR information should contact the RTCA Denver, Colorado 80249–6361. The 104ÐKingston Ferry Terminal (Kitsap Secretariat, 1140 Connecticut Avenue, application maybe reviewed in person County) to the SR 104/101 I/C NW., Washington, DC, 20036; (202) at this same location. (Jefferson County), Washington; 833–9339 (phone), (202) 833–9434 (fax), SUPPLEMENTARY INFORMATION: The FAA Notice of Intent/Notice of Scoping or http://www.rtca.org (web site) or Mr. proposes to rule and invites public Tony Henley, Point of Conduct on Site comment on the application (99–03–C– AGENCY: Federal Highway at 011–44–1634 84 44 00 (phone), or 00–ASE) to impose and use PFC Administration (FHWA), USDOT, in 011–44–1634 81 67 21 (fax). Members of revenue at the Aspen/Pitkin County cooperation with Washington State the public may present a written Airport, under the provisions of 49 Department of Transportation (WSDOT). statement to the committee at any time. U.S.C. 40117 and part 158 of the Federal ACTION: Notice of intent and notice of Issued in Washington, DC, on August 30, Aviation Regulations (14 CFR part 158). scoping. 1999. On August 27, 1999, the FAA SUMMARY: Janice L. Peters, determined that the application to The FHWA is issuing this Designated Official. impose and use the revenue from a PFC notice to advise the public that an environmental impact statement will be [FR Doc. 99–23022 Filed 9–2–99; 8:45 am] submitted by the County of Pitkin, prepared to evaluate potential solutions BILLING CODE 4910±13±M Aspen/Pitkin County Airport, Aspen, Colorado, was substantially complete to identified safety problems and traffic with the requirements of § 158.25 of part congestion along SR 104 in Kitsap and DEPARTMENT OF TRANSPORTATION 158. The FAA will approve or Jefferson Counties, Washington. disapprove the application, in whole or FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration in part, no later than December 1, 1999. Gene Fong/Jim Leonard, Federal Highway Administration, 711 South Notice of Intent To Rule on Application The following is a brief overview of the application. Capitol Way, Suite 501, Olympia, (99±03±C±00±ASE) to Impose and Use Washington 98501, Telephone: (360) the Revenue from a Passenger Facility Level of the proposed PFC: $3.00. Poposed charge effective date: March 753–9413/9408; or Gary Demich/ Charge (PFC) at the Aspen/Pitkin 1, 2000. Cassandra Brotherton, Washington State County Airport, Submitted by the Proposed charge expiration date: Department of Transportation, Olympia County of Pitkin, Aspen/Pitkin County October 1, 2002. Region, PO Box 47440, Tumwater, WA Airport, Aspen, Colorado Total requested for use approval: 98504–7440, Telephone (360) 357– AGENCY: Federal Aviation $1,424,000. 2605/2722. Administration (FAA), DOT. Brief description of proposed projects: SUPPLEMENTARY INFORMATION: The ACTION: Notice of intent to rule on Purchase Airport Sweeper, Overlay FHWA, in cooperation with the application. Airport Frontage Road, and Land WSDOT, will prepare an Environmental Acquisition. Impact Statement (EIS) on alternative SUMMARY: The FAA proposes to rule and Class or classes of air carriers, which solutions that can reduce the accident invites public comment on the the public agency has requested not be rate and provide additional capacity to application to impose and use PFC required to collect PFC’s: All air taxi/ meet current and future needs along a revenue at the Aspen/Pitkin County commercial operators filing FAA Form 24.5 mile stretch of the State Route 104 Airport under the provisions of 49 1800–31. corridor on the Olympia Peninsula. The U.S.C. 40117 and part 158 of the Federal Any person may inspect the SR 104 project is a National Aviation Regulations (14 CFR part 158). application in person at the FAA office Environmental Policy Act (NEPA) DATES: Comments must be received on listed above under FOR FURTHER ‘‘pilot’’ project, intended to evaluate and or before October 4, 1999. INFORMATION CONTACT and at the FAA improve the application of the NEPA ADDRESSES: Comments on this Regional Airports Office located at: process. The ‘‘pilot’’ process was application may be mailed or delivered Federal Aviation Administration, developed cooperatively by Washington in triplicate to the FAA at the following Northwest Mountain Region, Airports State and Federal agencies, and is address: Mr. Alan E. Wiechmann, Division, ANM–600, 1601 Lind Avenue jointly sponsored by Washington State Manager; Denver Airports District SW, Suite 540, Renton, WA 98055– Department of Transportation and Office, DEN–ADO; Federal Aviation 4056. FHWA. Administration; 26805 East 68th In addition, any person may, upon The primary need in the SR 104 Avenue, Suite 224; Denver, Colorado request, inspect the applications, notice corridor is to provide multi-modal 80249–6361. and other documents germane to the transportation linkage to the Kitsap and In addition, one copy of any application in person at the Aspen/ Olympic Peninsulas that enables safe, comments submitted to the FAA must Pitkin County Airport. efficient and economical movement of

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 48448 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices people and goods. The purpose is to do Comments or questions concerning this Points of Contact so in a manner that respects and action and the EIS should also be Technical questions regarding this provides for the competing needs: directed to the FHWA or WSDOT at the request may be directed to: Robert J. preserving scenic and natural beauty, address provided above. McCown, Director, Technology historic and rural character of the area, (Catalog of Federal Domestic Assistance Development Programs, Federal the current quality of life for both Program Number 20.205, Highway Planning Railroad Administration, Mail Stop 20, residents and users, and the integrity of and Construction. The regulations 1120 Vermont Avenue, NW, the natural environment. implementing Executive Order 12372 Washington, DC 20590, TEL 202–493– This segment of SR 104 includes five regarding intergovernmental consultation on 6350, FAX 202–493–6333. areas along the corridor where the Federal programs and activities apply to this Administrative questions regarding projected 20 year traffic growth will program.) this request may be directed to: Robert cause level of service ‘F’, or system James A. Leonard, P.E., L. Carpenter, Office of Acquisition & breakdown due to high congestion. There are also three areas, generally one Transportation and Environmental Engineer, Grants Services, Federal Railroad mile or longer, that currently have a Federal Highway Administration— Administration, Mail Stop 50, 1120 Washington Division. five-year history of higher than average Vermont Avenue, NW, Washington, DC accident occurrences (HAC). [FR Doc. 99–22985 Filed 9–2–99; 8:45 am] 20590, TEL 202–493–6153, FAX 202– There are also six locations where BILLING CODE 4910±22±M 493–6171. existing roadway geometrics, traffic Background volumes, and other factors indicate a high potential for vehicles to run off the DEPARTMENT OF TRANSPORTATION FRA’s Next Generation High-Speed roadway (Risk). Rail program has been established to Solutions are needed to reduce the Federal Railroad Administration facilitate the deployment of rate and severity of accidents and to technologies where improved Request for Statements of Interest: provide for the projected traffic demand. performance or reduced cost could Availability for Demonstration of a While alternatives have not yet been enhance the viability of high-speed High Speed Non-Electric (Fossil Fuel) identified, a series of reasonable passenger rail service, based on Passenger Locomotive alternatives that could meet the purpose incremental improvements to existing and need, as generated by the corridor rail infrastructure. The present focus of AGENCY: Federal Railroad stakeholders and adopted by the study the program is in four primary areas: Administration (FRA), Department of Steering Committee will be considered non-electric locomotives, grade crossing in the EIS. The list of possible Transportation (DOT). risk mitigation, track and structures, and alternative solutions to be addressed in ACTION: Request for expressions of advanced train control systems. the EIS will be developed after interest. The successful development and evaluation/consideration of scoping demonstration of lightweight, high power, non-electric locomotives is comments. SUMMARY: FRA announces the critical to the introduction of passenger Scoping availability of a prototype high speed non-electric (fossil fuel) passenger service in the United States at speeds Announcements describing the locomotive for demonstration on above 90 mph. The cost of proposed study/actions and soliciting designated intercity high-speed rail electrification may not yet be justifiable comments will be sent to appropriate passenger corridors. FRA seeks in some corridors. Further, locomotives Federal, State, Tribal, and local statements of interest from States or based primarily on designs appropriate agencies, and to private organizations consortia of States interested in for freight applications are not practical and citizens who have previously participating with FRA, the for speeds above 100 mph, due to poor expressed or are known to have interest manufacturer of this locomotive, and acceleration capability and weight, in this proposal. Three meetings will be Amtrak in such demonstrations. particularly unsprung mass, which is held to identify the scope of issues to be incompatible with sustained use on addressed, the significant issues, and Eligible Participants typical track structures, because of the the possible improvement alternatives. large forces generated at high speeds. The first two meetings will be All States or consortia of States shall For territories where operations are conducted on September 22, 1999, at, be eligible. States with high-speed rail shared with freight, high powered the Kingston Community Center in corridors designated by the Secretary of locomotives, with high rates of Kingston, Washington. The first meeting Transportation pursuant to 23 U.S.C. acceleration, are essential to the from 3 p.m. to 4:45 p.m. will be 104(d) shall receive priority for the introduction of high-speed passenger conducted to focus on input from demonstration. It is expected that operations. governmental agencies and tribes. The Federal financial assistance, if any, FRA, in partnership with Bombardier second, from 5 p.m. to 8:30 p.m., will under this announcement will be Transit Corporation, is producing a be conducted primarily for the public. provided only through a cooperative prototype high-speed non-electric The third meeting, also for the public, agreement. locomotive capable of 125 mph will be held on September 23, 1999 at Submission of Expressions of Interest sustained operations, with the goal of the Port Ludlow Fire Hall, from 5 p.m. ultimately being capable of 150 mph to 8:30 p.m. Written scoping comments Five (5) copies of each Expression of operations, with acceleration may be submitted to the FHWA or Interest should be submitted by characteristics approaching or equal to WSDOT at the address provided above. November 19, 1999 to the following current high-speed electric locomotives To ensure that the full range of issues address: Associate Administrator for used on the Northeast Corridor. In related to this proposed action are Railroad Development, Federal Railroad future phases of the project, the addressed and all significant issues are Administration, Mail Stop 20, 1120 locomotive may also be capable of identified, comments, and suggestions Vermont Avenue NW, Washington, DC demonstrating enhanced performance are invited from all interested parties. 20590. using the energy storage element of the

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FRA estimates that costs to be enter into testing during the summer of including its ability to operate in borne by a selected State for a typical 2000. Initially, the prototype will be conjunction with modern passenger rail concept demonstration would be tested at the Transportation Technology equipment in use in North America. between $8,000 and $14,000 per day of Center, in Pueblo, Colorado and other This part of the demonstration program operation. The Federal financial locations, to validate its readiness for will involve revenue service operation commitment, if any, to a selected State passenger operations on the general rail of the locomotive and appropriate will be made through a cooperative system of the U.S. That initial testing passenger cars on a regular schedule by agreement between that State or will be followed by more extensive the National Railroad Passenger consortium of States and FRA. demonstrations of the technology over a Corporation (Amtrak). The service During the service demonstration, the wide range of operating conditions in demonstration will begin after selected State(s) will make any which high-speed non-electric completion of the initial concept necessary arrangements with Amtrak (or locomotives might operate. FRA is demonstration and after any necessary others, if required) to permit an seeking statements of interest at this servicing to and adjustments of the extended revenue service demonstration time to provide all potential hosts of the prototype have been completed. After of the prototype, including covering net proposed demonstration adequate time the completion of the service operating costs incurred by Amtrak (or to plan and marshal the necessary demonstration, the locomotive may others, if required) during the service resources for a successful perform additional concept demonstration. demonstration. demonstrations in selected corridors Subject to funds availability, FRA and before being used to test a high-speed its partners in the locomotive Purpose and Project Description lightweight generator system being development will arrange for the The purpose of the subject developed by the ALPS project team. At support of costs associated with demonstration is to gain information on the completion of this testing it is operations outside the geographic area the performance of the prototype possible that the locomotive may again of the selected State(s) (e.g. cost to move locomotive operating under a wide be available for additional revenue the locomotive from one demonstration range of conditions similar to those in service demonstration. site to another), as well as extraordinary which production versions of high- maintenance costs, and may provide speed non-electric locomotives might Furnished Equipment additional assistance as needed to the operate in the future. Two distinct types FRA and Bombardier Transit extent that the demonstration entails of demonstrations will be conducted: Corporation will make available one costs beyond normal train operation. prototype high-speed non-electric Applicants should indicate whether Concept Demonstration locomotive for this demonstration that they are in a position to contribute any The concept demonstration will meets all applicable FRA safety funds toward these costs. Bombardier involve demonstration of the prototype standards for operation at speeds of up Transit Corporation will provide locomotive in several of the designated to 125mph. Depending upon final qualified personnel who will assist in high-speed rail corridors for periods of configuration, the train may be suitable maintenance and servicing of the three to fourteen days to obtain train for revenue service operation at speeds equipment during the demonstration to performance data over a wide range of up to 150mph. FRA also anticipates the extent that these tasks are specific to operating conditions. This type of furnishing technical guidance and this equipment. demonstration will also gauge the assistance as appropriate throughout the After completion of the service reaction of and solicit input from project. demonstration, the State or consortium various potential users of the Bombardier Transit Corporation will of States will prepare a report in equipment, including operators, host make available for the concept and cooperation with Amtrak, Bombardier railroads, and the general public on service demonstrations, three tilting Transit Corporation, and FRA detailing design and performance aspects of the coaches (one first class and two the performance, suitability, customer prototype. It is anticipated that the business class) with a total seating acceptance, and operating economics of demonstrations will involve static capacity of approximately 175, which the train during the service display, as well as a limited number of are similar to those that will be entering demonstration. train movements over segments of Amtrak’s Northeast Corridor Acela Amtrak will operate the train during designated corridors at speeds up to the Express service in late 1999 and 2000. the demonstration and between maximum allowable speed for the Two of these coaches will be modified demonstration locations, interfacing current track class and local conditions to permit service to low platforms. with host railroads, providing necessary for those segments. FRA and train and engine crews, any inspections Role of the Selected States and Other Bombardier Transit Corporation required by statute or regulation, and Parties anticipate that the concept will assist Bombardier Transit demonstration will begin in the late The selected State or consortia of Corporation in the regular servicing of summer of 2000. States will be responsible for all the equipment. planning, coordination and management Service Demonstration of the concept demonstration while the Statements of Interest The service demonstration will locomotive is located on the designated States interested in hosting either a involve demonstration of the prototype corridor. During the concept concept or service demonstration must locomotive in revenue service for an demonstration, the selected State(s) will submit statements of interest to the extended period of time (three to six be responsible for funding the operating address identified above no later than

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November 19, 1999. Statements of Dated: August 27, 1999. I. Description of Study Area and Project interest shall be no more than ten pages Jolene M. Molitoris, Need in length. Each statement of interest Administrator. The proposed project corridor, known shall, at a minimum, indicate whether [FR Doc. 99–23004 Filed 9–2–99; 8:45 am] as the Hartford West corridor, extends the applicant houses a designated high- BILLING CODE 4910±06±P from Union Station in Hartford, speed corridor; identify whether the Connecticut along an existing rail-right- applicant proposes to host a concept of-way to downtown New Britain, demonstration, service demonstration or DEPARTMENT OF TRANSPORTATION Connecticut. The proposed busway both; provide a detailed description of would extend nine miles and include Federal Transit Administration the proposed demonstration(s), twelve station locations. including the route and schedule of any Environmental Impact Statement on The heavily urbanized Hartford West demonstrations; describe how the corridor is anchored by the City of demonstration will develop information the Hartford to New Britain Busway Project, Hartford County, Connecticut Hartford and the City of New Britain. that supports FRA’s overall program The corridor has been broadly defined goal of facilitating the introduction of AGENCY: Federal Transit Administration, to include not only I–84 but also the high-speed rail service in corridors DOT. surrounding neighborhoods, parallel outside the Northeast Corridor; provide arterial roadways, and two rail lines, the ACTION: Notice of intent to prepare an a detailed list of any resources required Bristol-Hartford line and the New Environmental Impact Statement (EIS). and outstanding issues that must be Haven-Hartford line. The corridor resolved before undertaking the encompasses portions of five demonstration; provide a statement SUMMARY: The Federal Transit Administration (FTA), and the communities: Hartford, West Hartford, from a responsible official of the host Farmington, Newington and New railroad concerning the anticipated Connecticut Department of Transportation (CTDOT) intend to Britain. availability of the rail line proposed for To address the transportation needs in prepare an Environmental Impact the demonstration during the the Hartford West Corridor and evaluate Statement (EIS) in accordance with the demonstration period outlined above; the effectiveness of various National Environmental Policy Act and, identify the intended source(s) and transportation system improvement (NEPA) on the proposed construction of commitment status of the selected alternatives, the CTDOT, the Capitol a busway along an existing rail right-of- State(s)’s proposed funding. Region Council of Governments way corridor, known as the Hartford (CRCOG), and the Central Connecticut Evaluation and Selection West Corridor, between Union Station Regional Planning Agency (CCRPA) in Hartford, CT and downtown New In cooperation with its partners, FRA undertook a Major Investment Study Britain, CT. will evaluate the statements of interest (MIS) for the area. During the MIS using the following criteria: The EIS will evaluate a no-build phase, the three agencies conducted an 1. The overall scientific and/or alternative and a busway alternative, extensive public outreach effort and technical merits of the proposal. options recommended in a Major evaluated a full range of alternatives 2. The degree to which the proposed Investment Study (MIS) completed by including, but not limited to, transit demonstration will advance the the CTDOT and participating agencies fixed guideway (light rail, commuter feasibility of U.S. high-speed rail for the Hartford West Corridor. Further rail, and busway), a high occupancy operations by providing public exposure scoping will be accomplished through vehicle lane, expressway reconstruction of HSR technology and operational public meetings and hearings, and operational lanes, expressway information on the performance and neighborhood meetings, cable news widening, transportation system public acceptance of the demonstration segments, a newsletter, and management improvements and a no- train. correspondence with interested persons, build option. Based on input from the 3. The qualifications and organizations, the general public, public, state and local agencies, the demonstrated experience of the federal, state and local agencies. CTDOT identified the goals of improved proposing organization to support the DATES: Comment Due Date: Written mode choice, congestion reduction, proposed demonstration(s). comments on the scope of alternatives improved public health and safety, 4. The reasonableness and realism of and impacts to be considered should be community livability and quality of life, the proposed costs. sent to the FTA or CTDOT by October and economic expansion to guide the 5. The degree to which Federal funds 18, 1999. MIS effort. are leveraged by private, non-Federal, ADDRESSES: Written comments on the Early in the process, the addition of and/or Federal funds available from project scope should be sent to Mr. travel lanes on I–84 was dropped as an sources other than FRA programs, Edgar T. Hurle, Connecticut Department alternative due to significant local including the degree to which funds are of Transportation, 2800 Berlin opposition and cost. The remaining offered to offset FRA’s costs of moving Turnpike, P.O. Box 317546, Newington, build alternatives included light rail the locomotive between demonstration CT, 06131–7546, Telephone (860) 594– service in the I–84 median; an exclusive corridors. 2920 or Mr. Richard H. Doyle, Federal busway in the I–84 median; a high 6. The availability of funds. Transit Administration, 55 Broadway, occupancy lane added to I–84; light-rail It is expected that this review process Cambridge, MA, 02142, Telephone (617) service on Farmington Avenue (one of will be completed within 90 days of the 494–2055. the arterial highways); and either light closing date of this announcement. At rail service or exclusive bus service in that time FRA may, at its option, request FOR FURTHER INFORMATION CONTACT: Ms. the unused half of the Amtrak inland more detailed proposals from some or Mary Beth Mello, Deputy Regional route main line from Union Station in all of the applicants, or move forward in Administrator, Federal Transit Hartford to New Britain. The MIS negotiating appropriate agreements with Administration Region I, (617) 494– analysis indicated that a busway in the the selected applicants, based solely 2055. Amtrak corridor was the optimal choice. upon the statements of interest. SUPPLEMENTARY INFORMATION: The flexibility of the busway service is

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.184 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48451 projected to produce the highest level of DATES: The exemption granted by this call attention to unauthorized attempts ridership, increased levels of mode notice is effective beginning with the to enter or move the vehicle. However, choice, and congestion relief on both (confidential) model year. theft data have indicated a decline in local arterials and I–84. FOR FURTHER INFORMATION CONTACT: Ms. theft rates for vehicle lines that have been equipped with antitheft devices II. Probable Effects Henrietta L. Spinner, Office of Planning and Consumer Programs, NHTSA, 400 similar to that which Nissan proposes. The FTA and the CTDOT will Seventh Street, SW., Washington D.C. In these instances, the agency has evaluate all significant environmental, 20590. Ms. Spinner’s phone number is concluded that the lack of a visual or social and economic impacts of the (202) 366–4802. Her fax number is (202) audible alarm has not prevented these alternatives analyzed in the EIS. 493–2290. antitheft devices from being effective protection against theft. Primary environmental issues include: SUPPLEMENTARY INFORMATION: In a On the basis of this comparison, station location and community petition dated July 6, 1999, Nissan Nissan has concluded that the antitheft impacts, construction impacts, visual/ North America, Inc. (Nissan), requested device proposed for its vehicle line is no aesthetic impacts and bicycle/ exemption from the parts-marking less effective than those devices in the pedestrian access. In addition, the EIS requirements of the theft prevention will evaluate issues raised through a lines for which NHTSA has already standard for a motor vehicle line. The granted full exemption from the parts- continuation of the scoping process nameplate of the line and the model begun under the MIS. Measures to marking requirements. year of introduction are confidential. Based on the evidence submitted by mitigate any significant adverse impact The petition requested an exemption will be developed. Throughout the EIS Nissan, the agency believes that the from parts-marking pursuant to 49 CFR antitheft device for the Nissan vehicle phase, the CTDOT will seek public part 543, Exemption from Vehicle Theft line is likely to be as effective in input through meetings and hearings, Prevention Standard, based on the reducing and deterring motor vehicle newsletters and cable news, to further installation of an antitheft device as theft as compliance with the parts- define the issues and impacts of standard equipment for the entire marking requirements of the Theft alternatives. vehicle line. Prevention Standard (49 CFR part 541). Issued on: August 31, 1999. Nissan’s submittal is considered a The agency concludes that the device Richard H. Doyle, complete petition, as required by 49 will provide four of the five types of Regional Administrator. CFR 543.7, in that it meets the general performance listed in § 543.6(a)(3): [FR Doc. 99–23005 Filed 9–2–99; 8:45 am] requirements contained in § 543.5 and Promoting activation; preventing defeat BILLING CODE 4910±57±M the specific content requirements of or circumvention of the device by § 543.6. Nissan requested confidential unauthorized persons; preventing treatment for the information submitted operation of the vehicle by DEPARTMENT OF TRANSPORTATION in support of its petition. In a letter unauthorized entrants; and ensuring the dated August 5, 1999, the agency reliability and durability of the device. National Highway Traffic Safety granted the petitioner’s request for As required by 49 U.S.C. 33106 and Administration confidential treatment of most aspects of 49 CFR Part 543.6(a)(4) and (5), the its petition. agency finds that Nissan has provided Petition for Exemption from the In its petition, Nissan provided a adequate reasons for its belief that the Federal Motor Vehicle Motor Theft detailed description and diagram of the antitheft device will reduce and deter Prevention Standard; Nissan identity, design, and location of the theft. This conclusion is based on the components of the antitheft device for information Nissan provided about its AGENCY: National Highway Traffic the new line. This antitheft device device, much of which is confidential. Safety Administration (NHTSA), includes an engine-immobilizer system. This confidential information included Department of Transportation (DOT). The antitheft device is activated by a description of reliability and ACTION: Grant of petition for exemption. turning the ignition switch to the ‘‘OFF’’ functional tests conducted by Nissan for position using the proper ignition key. the anti-theft device and its SUMMARY: This notice grants in full the In order to ensure the reliability and components. petition of Nissan North America, Inc. durability of the device, Nissan For the foregoing reasons, the agency (Nissan) for an exemption of a high-theft conducted tests based on its own hereby grants in full Nissan’s petition line (whose nameplate is confidential) specified standards. Nissan provided a for exemption for the vehicle line from from the parts-marking requirements of detailed list of tests conducted and the parts-marking requirements of 49 the Federal motor vehicle theft believes that its device is reliable and CFR Part 541. The agency notes that 49 prevention standard. This petition is durable since the device complied with CFR Part 541, Appendix A–1, identifies granted because the agency has its specified requirements for each test. those lines that are exempted from the determined that the antitheft device to Nissan compared the device proposed Theft Prevention Standard for a given be placed on the line as standard for its vehicle line with devices which model year. Advanced listing, including equipment is likely to be as effective in NHTSA has determined to be as the release of future product reducing and deterring motor vehicle effective in reducing and deterring nameplates, is necessary in order to theft as compliance with the parts- motor vehicle theft as would notify law enforcement agencies of new marking requirements of the Theft compliance with the parts-marking models exempted from the parts- Prevention Standard. Nissan requested requirements. Nissan stated that its marking requirements of the Theft confidential treatment for its proposed device, as well as other Prevention Standard. Therefore, since information and attachments submitted comparable devices that have received Nissan has been granted confidential in support of its petition. In a letter to full exemptions from the parts-marking treatment for its vehicle line, the Nissan dated August 5, 1999, the agency requirements, lacks an audible and confidential status of the vehicle line granted the petitioner’s request for visible alarm. Therefore, these devices will be protected until the introduction confidential treatment of most aspects of cannot perform one of the functions of its vehicle line into the market place. its petition. listed in 49 CFR 543.6(a)(3), that is, to At that time, Appendix A–1 will be

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.239 pfrm08 PsN: 03SEN1 48452 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices revised to reflect the nameplate of quarterly reports with the Bureau of analysts, labor unions, segments of the Nissan’s exempted vehicle line. Transportation Statistics (BTS). As insurance industry, investment analysts, If Nissan decides not to use the provided by statute, carriers may and the consultants and data vendors exemption for this line, it should request that their reports be withheld that support these users. Among the formally notify the agency. If such a from public release. BTS has received uses of the data are: (1) Developing the decision is made, the line must be fully about 25 requests covering the 1998 U.S. national accounts and preparing marked according to the requirements annual report, many of which also the quarterly estimates of the Gross under 49 CFR Parts 541.5 and 541.6 requested an exemption from public Domestic Product, which help us better (marking of major component parts and release of the 1999 quarterly reports. understand the U.S. economy and the replacement parts). BTS invites comments on these motor carrier industry’s role in it; (2) NHTSA notes that if Nissan wishes in requests. measuring the performance of the for- the future to modify the device on DATES: Comments must be submitted by hire motor carrier industry and which this exemption is based, the October 4, 1999. segments within it; (3) monitoring carrier safety; (4) benchmarking carrier company may have to submit a petition ADDRESSES: Please direct comments to to modify the exemption. Part 543.7(d) the Docket Clerk, Docket No. BTS–99– performance; and (5) analyzing motor carrier safety and productivity. states that a Part 543 exemption applies 5889, Department of Transportation, 400 Generally, all data are made publicly only to vehicles that belong to a line Seventh Street, SW., Room PL–401, exempted under this part and equipped available. A carrier can, however, Washington, DC 20590, from 10 a.m. to request that its report be withheld from with the antitheft device on which the 5 p.m., Monday through Friday, except line’s exemption is based. Further, public release, as provided for by Federal holidays. statute, 49 U.S.C. 14123(c)(2), and its § 543.9(c)(2) provides for the submission Comments should identify the docket implementing regulations, 49 CFR of petitions ‘‘to modify an exemption to number and be submitted in duplicate permit the use of an antitheft device 1420.9. BTS will grant a request upon a to the address listed above. Commenters proper showing that the carrier is not a similar to but differing from the one wishing the Department to acknowledge specified in that exemption.’’ publicly held corporation or that the receipt of their comments must submit carrier is not subject to financial The agency wishes to minimize the with those comments a self-addressed administrative burden that Part reporting requirements of the Securities stamped postcard on which the and Exchange Commission, and that the 543.9(c)(2) could place on exempted following statement is made: Comments vehicle manufacturers and itself. The exemption is necessary to avoid on Docket BTS–99–5889. The Docket competitive harm and to avoid the agency did not intend in drafting Part Clerk will date stamp the postcard and 543 to require the submission of a disclosure of information that qualifies mail it back to the commenter. as trade secret or privileged or modification petition for every change If you wish to file comments using the to the components or design of an confidential information under 5 U.S.C. Internet, you may use the U.S. DOT 552(b)(4). The carrier must submit a antitheft device. The significance of Dockets Management System website at many such changes could be de written request containing supporting http://dms.dot.gov. Please follow the information. BTS must receive the minimis. Therefore, NHTSA suggests instructions online for more that if the manufacturer contemplates request by the report’s due date, unless information. it is postmarked by the due date or there making any changes the effects of which FOR FURTHER INFORMATION CONTACT: might be characterized as de minimis, it are extenuating circumstances. Requests David Mednick, K–1, Bureau of covering the quarterly reports must be should consult the agency before Transportation Statistics, 400 Seventh received by the due date of the annual preparing and submitting a petition to Street, SW., Washington, DC 20590; report which relates to the prior year. modify. (202) 366–8871; fax: (202) 366–3640; e- In accordance with our regulations, Authority: 49 U.S.C. 33106; delegation of mail: [email protected]. after each due date of each annual authority at 49 CFR 1.50. SUPPLEMENTAL INFORMATION: report BTS then publishes a notice, such Issued on: August 30, 1999. as this one, in the Federal Register I. Electronic Access L. Robert Shelton, requesting comments on any requests its Associate Administrator for Safety You can download an electronic copy receives. After considering the requests Performance Standards. of this document using a modem and and comments, BTS will make a [FR Doc. 99–23052 Filed 9–2–99; 8:45 am] suitable communications software from decision to grant or deny each request the Federal Register Electronic Bulletin BILLING CODE 4910±59±P no later than 90 days after the request’s Board Service at (202) 512–1661. If you due date. While a decision is pending, have access to the Internet, you can BTS will not publicly release the report DEPARTMENT OF TRANSPORTATION obtain an electronic copy at http:// except as allowed under 49 CFR www.bts.gov/mcs/rulemaking.htm. 1420.10(c). Bureau of Transportation Statistics II. Background III. Request for Comments [Docket No. BTS±99±5889] Under 49 U.S.C. 14123 and its BTS invites comments on the requests Motor Carrier Financial and Operating implementing regulations at 49 CFR part for exemption from public release it has Information; Requests for Exemptions 1420, BTS collects financial and received. These requests cover the 1998 From Public Release of Reports operating information from for-hire annual report and some also cover the motor carriers of property and 1999 quarterly reports. The comments AGENCY: Bureau of Transportation household goods. The data are collected should be made within the context of Statistics, DOT. on annual Form M, filed by Class I and the governing regulations at 49 CFR ACTION: Notice. Class II carriers, and quarterly Form 1420.9, which are published in the QFR, filed only by Class I carriers. The Federal Register on March 23, 1999 (64 SUMMARY: Class I and Class II motor data are used by the Department of FR 13916). The carriers that have carriers of property and household Transportation, other federal agencies, pending requests that we invite your goods are required to file annual and motor carriers, shippers, industry comments on are:

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B. N. M. Fertilizer Transport, Inc. (MC DEPARTMENT OF THE TREASURY OCC: Written comments on the FFIEC 119019) 001, 006, 009, and 009a should be Bilbo Transports, Inc. (MC 134547) Office of the Comptroller of the submitted to the Communications Bolus Freight Systems, Inc. (MC 63838) Currency Division, Office of the Comptroller of BT Incorporated (MC 182282) the Currency, 250 E Street, S.W., Third Office of Thrift Supervision Clarksville Refrigerated Lines, Inc. (MC Floor, Attention: 1557–0127 (FFIEC 001 262995) Federal Reserve System and 006) or 1557–0100 (FFIEC 009 and Contract Freighters, Inc. (MC 119399) 009a). Washington, D.C. 20219. In Cumberland Transportation Corp. (MC Federal Deposit Insurance Corporation addition, comments may be sent by 144029) facsimile transmission to (202) 874– Drug Transport, Inc. (MC 166323) Agency Information Collection 5274, or by electronic mail to Dupre Transport, Inc. (MC 158069) Activities: Proposed Collection; [email protected]. Gainey Transportation Services, Inc. (MC Comment Request Comments will be available for 182313) inspection and photocopying at the Howard’s Express, Inc. (MC 97006) AGENCIES: Office of the Comptroller of the Currency (OCC), Office of Thrift OCC’s Public Reference Room, 250 E Leprino Transportation Company (MC Street, S.W., Washington, D.C. 20219 150255) Supervision (OTS), Treasury; Board of Governors of the Federal Reserve between 9:00 a.m. and 5:00 p.m. on Lester Coggins Trucking, Inc. (MC 140484) business days. Appointments for Melton Truck Lines, Inc. (MC 100666) System (Board); and Federal Deposit Insurance Corporation (FDIC). inspection of comments may be made NSG Transport, Inc. (MC 222180) by calling (202) 874–5043. Puget Sound Truck Lines, Inc. (MC 85255) ACTION: Joint notice and request for OTS: Written comments on the FFIEC Schneider National Bulk Carriers, Inc. (MC comment. 001 should be submitted to the 143594) Manager, Dissemination Branch, Schneider National Carriers, Inc. (MC SUMMARY: In accordance with the Information Management and Services 133655) requirements of the Paperwork Division, Office of Thrift Supervision, Schneider Specialized Carriers, Inc. (MC Reduction Act of 1995 (44 U.S.C. 1700 G Street, N.W., Washington, D.C. 113855) chapter 35), the OCC, the OTS, the 20552, Attention: 1550–0005. Hand Schneider Tank Lines, Inc. (MC 110988) Board, and the FDIC (collectively, the deliver comments to Public Reference Schneider Transport, Inc. (MC 51146) ‘‘agencies’’), hereby give notice that they Room 1700 G Street, N.W., lower level, Trans American Trucking Service, Inc. (MC plan to submit to the Office of from 9:00 a.m. to 4:00 p.m. on business 149576) Management and Budget (OMB) days. Send facsimile transmissions to Truckers Express, Inc. (MC 160919) requests for review of the information FAX Number (202) 906–7755; or (202) Umthun Trucking Co. (MC 124813) collection systems described below. The 906–6956 (if comments are over 25 Agencies may not conduct or sponsor, If you wish to read the exemption pages). Send e-mail to and the respondent is not required to requests and the comments that were ‘‘[email protected]’’, and include respond to, an information collection your name and telephone number. submitted in response to this Notice, that has been extended, revised, or Interested persons may inspect use the DOT Dockets Management implemented on or after October 1, comments at the Public Reference System. This is located at the 1995, unless it displays a currently valid Room, 1700 G St. N.W., from 9:00 a.m. Department of Transportation, 400 OMB control number. The Agencies, until 4:00 p.m. on business days. Seventh Street, SW., Room PL–401, under the auspices of the Federal Board: Written comments on the Washington, DC 20590, and is open Financial Institutions Examination FFIEC 001, 006, 009, and 009a should from 10 a.m. to 5 p.m., Monday through Council (FFIEC), intend to extend be addressed to Jennifer J. Johnson, Friday, except Federal holidays. Internet without revision the following currently Secretary, Board of Governors of the users can access the Dockets approved information collections: the Federal Reserve System, 20th and C Management System at http:// Annual Report of Trust Assets (FFIEC Streets, N.W., Washington, D.C. 20551, dms.dot.gov. Please follow the 001), the Annual Report of International or delivered to the Board’s mail room instructions online for more information Fiduciary Activities (FFIEC 006), the between 8:45 a.m. and 5:15 p.m., and to and help. Country Exposure Report (FFIEC 009), the security control room outside of those hours. Both the mail room and the You must also use the Dockets and the Country Exposure Information Report (FFIEC 009a), with minor security control room are accessible Management System if you wish to from the courtyard entrance on 20th comment on one or more exemption clarifications to the FFIEC 009 instructions. At the end of the comment Street between Constitution Avenue and requests. Please follow the instructions period, the comments and C Street, N.W. Comments received may listed above under ADDRESSES. recommendations received will be be inspected in room M-P–500 between Ashish Sen, analyzed to determine whether the 9:00 a.m. and 5:00 p.m., except as Director. FFIEC and the agencies should modify provided in § 261.12 of the Board’s [FR Doc. 99–22758 Filed 9–2–99; 8:45 am] the information collections. The Rules Regarding Availability of BILLING CODE 4910±FE±P agencies will then submit the reports to Information, 12 CFR 261.12(a). OMB for review and approval. FDIC: Written comments on the FFIEC 001, 009, and 009a should be addressed DATES: Comments must be submitted on to Robert E. Feldman, Executive or before November 2, 1999. Secretary, Attention: Comments/OES, ADDRESSES: Interested parties are Federal Deposit Insurance Corporation, invited to submit written comments to 550 17th Street, N.W., Washington, D.C. any or all of the agencies. All comments 20429. Comments may be hand- should refer to the OMB control delivered to the guard station at the rear number(s) and will be shared among the of the 550 17th Street Building (located agencies. on F Street), on business days between

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7:00 a.m. and 5:00 p.m. [FAX number Estimated Average Time per For Board: (202) 898–3838; Internet address: Response: 2.30 burden hours (FFIEC OMB Number: 7100–0035. [email protected]]. Comments may be 001). Estimated Number of Respondents: inspected and photocopied in the FDIC Estimated Total Annual Burden: 105 (FFIEC 009), 24 (FFIEC 009a). Public Information Center, Room 100, 310.5 burden hours. Estimated Average Hours per 801 17th Street, N.W., Washington, D.C., For Board: Response: 30 burden hours (FFIEC 009), between 9:00 a.m. and 4:30 p.m. on OMB Number: 7100–0031. 5.25 burden hours (FFIEC 009a). Number of Respondents: 511 (FFIEC business days. Estimated Total Annual Burden: 001), 116 (FFIEC 006). A copy of the comments may also be 12,600 burden hours (FFIEC 009), 504 submitted to the OMB desk officer for Estimated Average Time per Response: 3.82 burden hours (FFIEC burden hours (FFIEC 009a). the agencies: Alexander T. Hunt, Office For FDIC: of Information and Regulatory Affairs, 001), 4.0 burden hours (FFIEC 006). Total Annual Burden: 2416 burden OMB Number: 3064–0017. Office of Management and Budget, New Estimated Number of Respondents: 34 Executive Office Building, Room 3208, hours. OMB Number: 3064–0024. (FFIEC 009), 34 (FFIEC 009a). Washington, D.C. 20503. Number of Respondents: 1,602 (FFIEC Estimated Average Hours per FOR FURTHER INFORMATION CONTACT: 001). Response: 30 burden hours (FFIEC 009), Additional information or a copy of the Estimated Average Time per 5.25 burden hours (FFIEC 009a). collection may be requested from: Response: 3.55 burden hours (FFIEC Estimated Total Annual Burden: OCC: Jessie Gates, OCC Clearance 001). 4,080 burden hours (FFIEC 009), 714 Officer, or Camille Dixon, (202) 874– Estimated Total Annual Burden: burden hours (FFIEC 009a). 5090, Legislative and Regulatory 5,683 burden hours (FFIEC 001). Activities Division, Office of the General Description of Reports General Description of Reports Comptroller of the Currency, 250 E This information collection (FFIEC Street, S.W., Washington, D.C. 20219. This information collection (FFIEC 009 and FFIEC 009a) is mandatory: 12 OTS: Mary Rawlings-Milton, OTS 001 and FFIEC 006) is mandatory. 12 U.S.C. 161 (for national banks), 12 Clearance Officer, (202) 906–6028, U.S.C. 161 and 1817 (for national U.S.C. 248(a), 1844(c), and 3906 (for Office of Thrift Supervision, 1700 G banks), 12 U.S.C. 1464, 1725, 1730 (for state member banks), and 12 U.S.C. Street, N.W., Washington, D.C. 20552. thrift institutions), 12 U.S.C. 248(a)(1) 1817 and 1820 (for insured state Board: Mary M. West, Chief, Financial and (2) and 1844(c) (for state member nonmember commercial and savings Reports Section, (202) 452–3829, banks and bank holding companies), banks). The FFIEC 009 information Division of Research and Statistics, and 12 U.S.C. 1817 (for insured state collection is given confidential Board of Governors of the Federal nonmember commercial and savings treatment (5 U.S.C. 552(b)(4) and (b)(8)). Reserve System, 20th and C Streets, banks). The FFIEC 006, collected by the The FFIEC 009a information collection N.W., Washington, D.C. 20551. OCC and the Board, is given is not given confidential treatment. Telecommunications Device for the Deaf confidential treatment [5 U.S.C. Small businesses (i.e., small banks) are (TDD) users may contact Diane Jenkins, 552(b)(8)]. Small business (i.e., small not affected. These reports are not (202) 452–3544, Board of Governors of banks) are affected. collected by OTS. the Federal Reserve System, 20th and C Streets, N.W., Washington, D.C. 20551. Abstract Abstract FDIC: Steven F. Hanft, FDIC Clearance These interagency reports collect The Country Exposure Report (FFIEC Officer, (202) 898–3907, Office of the information on fiduciary asset totals and 009) is filed quarterly with the agencies Executive Secretary, Federal Deposit activities. They are used to monitor and provides information on Insurance Corporation, 550 17th Street changes in the volume and character of international claims of U.S. banks and N.W., Washington, D.C. 20429. discretionary trust activity and the bank holding companies that is used for SUPPLEMENTARY INFORMATION: volume of nondiscretionary trust supervisory and analytical purposes. activity and to determine resource needs Proposal to extend for three years The information is used to monitor for supervisory purposes. The data are country exposure of banks to determine without revision the following currently also used for statistical and analytical approved collections of information: the degree of risk in their portfolios and purposes. No changes are proposed to the possible impact on U.S. banks of 1. Report Title: Annual Report of the FFIEC 001 or the FFIEC 006 adverse developments in particular Trust Assets and Annual Report of reporting forms or instructins. countries. The Country Exposure International Fiduciary Activities. 2. Report Title: Country Exposure Information Report (FFIEC 009a) is a Form Number: FFIEC 001 and FFIEC Report/Country Exposure Information supplement to the FFIEC 009 and 006. Report. provides publicly available information Frequency of Response: Annual. Form Number: FFIEC 009 and FFIEC on material foreign country exposures Affected Public: Business or other for 009a. profit For OCC: Frequency of Response: Quarterly. (all exposures to a country in excess of OMB Number: 1557–0127. Affected Public: Business or other for one percent of total assets or 20 percent Number of Respondents: 809 (FFIEC profit. of capital, whichever is less) of U.S. 001), 100 (FFIEC 006). For OCC: banks and bank holding companies that Estimated Average Time per OMB Number: 1557–0100. file the FFIEC 009 report. Reporting Response: 4.4 burden hours (FFIEC Estimated Number of Repondents: 60 institutions must also furnish a list of 001), 4.0 burden hours (FFIEC 006). (FFIEC 009), 60 (FFIEC 009a). countries in which they have lending Estimated Total Annual Burden: Estimated Average Hours per exposures above 0.75 percent of total 3,960 burden hours. Response: 30 burden hours (FFIEC 009), assets or 15 percent of total capital, For OTS: 5.25 burden hours (FFIEC 009a). whichever is less. No changes are OMB Number: 1557–0026. Estimated Total Annual Burden: proposed to the FFIEC 009 reporting Number of Respondents: 135 (FFIEC 7,200 burden hours (FFIEC 009), 1,260 forms or the FFIEC 009a reporting forms 001). burden hours (FFIEC 009a). and instructions. However, minor

VerDate 18-JUN-99 12:07 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\A03SE3.260 pfrm08 PsN: 03SEN1 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices 48455 clarifications are proposed to the FFIEC Federal Deposit Insurance Corporation. that are submitted will be summarized 009 instructions. Robert E. Feldman, and included in the Customs request for Office of Management and Budget Current Actions Executive Secretary. [FR Doc. 99–22984 Filed 9–2–99; 8:45 am] (OMB) approval. All comments will The instructional clarifications to the BILLING CODE OCC: 4810±33±P; OTS: 6720±01±P; become a matter of public record. In this FFIEC 009 report that are the subject of Board: 6210±01±P; FDIC: 6714±01±P document Customs is soliciting this notice have been approved by the comments concerning the following Agencies for implementation as of the information collection: December 31, 1999, report date. The DEPARTMENT OF THE TREASURY Title: Customs Modernization Act proposed clarifications involve Recordkeeping Requirements. classifying credit derivatives as Customs Service OMB Number: 1515–0214. guarantees. The affected sections are; C. Proposed Collection; Comment Form Number: N/A. ‘‘Guaranteed Claims’’, E.’’Contingencies Abstract: This information and and Commitments’’, and the specific Request; Customs Modernization Act Recordkeeping Requirements records keeping requirement is required instructions for column 15. to allow Customs to verify the accuracy Request for Comment ACTION: Notice and request for of the claims made on the entry comments. documents regarding the tariff status of Comments are invited on: imported merchandise, admissibility, a. Whether the information SUMMARY: As part of its continuing effort classification/nomenclature, value and collections are necessary for the proper to reduce paperwork and respondent rate of duty applicable to the entered performance of the agencies’ functions, burden, Customs invites the general goods. including whether the information has public and other Federal agencies to Current Actions: There are no changes practical utility; comment on an information collection to the information collection. This b. The accuracy of the agencies’ requirement concerning the Customs estimates of the burden of the submission is being submitted to extend Modernization Act Recordkeeping the expiration date. information collections, including the Requirements. This request for comment validity of the methodology and Type of Review: Extension (without is being made pursuant to the assumptions used; change). Paperwork Reduction Act of 1995 (Pub. c. Ways to enhance the quality, Affected Public: Businesses, utility, and clarity of the information to L. 104–13; 44 U.S.C. 3505(c)(2)). Individuals, Institutions. be collected; DATES: Written comments should be Estimated Number of Respondents: d. Ways to minimize the burden of received on or before November 2, 1999, 5,750. information collections on respondents, to be assured of consideration. Estimated Time Per Respondent: 127 including through the use of automated ADDRESSES: Direct all written comments hours. collection techniques or other forms of to U.S. Customs Service, Information Estimated Total Annual Burden information technology; and Services Group, Attn.: J. Edgar Nichols, Hours: 732,600. e. Estimates of capital or start up costs 1300 Pennsylvania Avenue, NW, Room Estimated Total Annualized Cost on and costs of operation, maintenance, 3.2C, Washington, DC 20229. the Public: N/A. and purchase of services to provide FOR FURTHER INFORMATION CONTACT: Dated: August 30, 1999. information. Requests for additional information J. Edgar Nichols, Comments submitted in response to should be directed to U.S. Customs Agency Clearance Officer, Information this notice will be shared among the Service, Attn.: J. Edgar Nichols, 1300 Services Branch. agencies and will be summarized or Pennsylvania Avenue NW, Room 3.2C, [FR Doc. 99–23057 Filed 9–2–99; 8:45 am] included in the agencies’ requests for Washington, DC 20229, Tel. (202) 927– BILLING CODE 4820±02±P OMB approval. All comments will 1426. become a matter of public record. SUPPLEMENTARY INFORMATION: Customs Written comments should address the invites the general public and other DEPARTMENT OF THE TREASURY accuracy of the burden estimates and Federal agencies to comment on ways to minimize burden including the proposed and/or continuing information Customs Service use of automated collection techniques collections pursuant to the Paperwork or the use of other forms of information Proposed Collection; Comment Reduction Act of 1995 (Pub. L. 104–13; technology as well as other relevant Request; General Declaration 44 U.S.C. 3505(c)(2)). The comments aspects of the information collection (Outward/Inward) should address: whether the collection request. of information is necessary for the AGENCY: U.S. Customs, Department of Dated: August 25, 1999. proper performance of the functions of the Treasury. Mark J. Tenhundfeld, the agency, including whether the ACTION: Notice and request for Assistant Director, Legislative and Regulatory information shall have practical utility; comments. Activities Division, Office of the Comptroller (b) the accuracy of the agency’s of the Currency. estimates of the burden of the collection SUMMARY: As part of its continuing effort Dated. August 8, 1999. of information; (c) ways to enhance the to reduce paperwork and respondent John E. Werner, quality, utility, and clarity of the burden, Customs invites the general Director, Information & Management information to be collected; (d) ways to public and other Federal agencies to Services, Office of Thrift Supervision. minimize the burden including the use comment on an information collection Board of Governors of the Federal Reserve of automated collection techniques or requirement concerning the General System, August 30, 1999. the use of other forms of information Declaration (Outward/Inward). This Jennifer J. Johnson, technology; and (e) estimates of capital request for comment is being made Secretary of the Board. or start-up costs and costs of operations, pursuant to the Paperwork Reduction Dated at Washington, D.C., this 19th day of maintenance, and purchase of services Act of 1995 (Pub. L. 104–13; 44 U.S.C. August, 1999. to provide information. The comments 3505(c)(2)).

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DATES: Written comments should be Estimated Number of Respondents: agency’s estimates of the burden of the received on or before November 2, 1999, 500. collection of information; (c) ways to to be assured of consideration. Estimated Time Per Respondent: 5 enhance the quality, utility, and clarity ADDRESSES: Direct all written comments minutes. of the information to be collected; (d) to U.S. Customs Service, Information Estimated Total Annual Burden ways to minimize the burden including Services Group, Room 3.2.C, 1300 Hours: 154,668. the use of automated collection Pennsylvania Avenue, NW, Washington, Estimated Total Annualized Cost on techniques or the use of other forms of DC 20229. the Public: $1,874,250. information technology; and (e) the FOR FURTHER INFORMATION CONTACT: Dated: August 30, 1999. annual costs burden to respondents or Requests for additional information or J. Edgar Nichols, record keepers from the collection of information (a total capital/startup costs copies of the form and instructions Agency Clearance Officer, Information should be directed to U.S. Customs Services Branch. and operations and maintenance costs). The comments that are submitted will Service, Attn.: J. Edgar Nichols, Room [FR Doc. 99–23058 Filed 9–2–99; 8:45 am] be summarized and included in the 3.2.C, 1300 Pennsylvania Avenue NW, BILLING CODE 4820±02±P Washington, DC 20229, Tel. (202) 927– Customs request for Office of 1426. Management and Budget (OMB) approval. All comments will become a SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE TREASURY Customs matter of public record. In this invites the general public and other Customs Service document Customs is soliciting Federal agencies to comment on comments concerning the following proposed and/or continuing information Proposed Collection; Comment information collection: collections pursuant to the Paperwork Request; Transportation Manifest Title: Transportation Manifest. Reduction Act of 1995 (Pub. L. 104–13; (Cargo Declaration) OMB Number: 1515–0001. 44 U.S.C. 3505(c)(2)). The comments Form Number: Customs Forms 1302, should address: (1) whether the AGENCY: U.S. Customs, Department of 1302A, 7509, and 7533C. collection of information is necessary the Treasury. Abstract: Transportation Manifest for the proper performance of the ACTION: Notice and request for (Cargo Declarations) are essential to functions of the agency, including comments. Customs for the control of cargo and for whether the information shall have pre-arrival targeting of shipments for practical utility; (b) the accuracy of the SUMMARY: As part of its continuing effort enforcement examination purposes. agency’s estimates of the burden of the to reduce paperwork and respondent Current Actions: There are no changes collection of information; (c) ways to burden, Customs invites the general to the information collection. This enhance the quality, utility, and clarity public and other Federal agencies to submission is being submitted to extend of the information to be collected; (d) comment on an information collection the expiration date. ways to minimize the burden including requirement concerning the Air Cargo Type of Review: Extension (without the use of automated collection Manifest. This request for comment is change). techniques or the use of other forms of being made pursuant to the Paperwork Affected Public: Business or other for- information technology; and (e) Reduction Act of 1995 (Public Law 104– profit institutions and individuals. estimates of capital or start-up costs and 13; 44 U.S.C. 3505(c)(2)). Estimated Number of Respondents: costs of operations, maintenance, and DATES: Written comments should be 26,800. purchase of services to provide received on or before November 2, 1999, Estimated Time Per Respondent: 34 information. The comments that are to be assured of consideration. minutes. submitted will be summarized and Estimated Total Annual Burden ADDRESSES: Direct all written comments Hours: 154,668. included in the Customs request for to U.S. Customs Service, Information Office of Management and Budget Estimated Total Annualized Cost on Services Group, Room 3.2.C, 1300 the Public: $109,920. (OMB) approval. All comments will Pennsylvania Avenue, NW, Washington, Dated: August 30, 1999. become a matter of public record. In this DC 20229. document Customs is soliciting J. Edgar Nichols, FOR FURTHER INFORMATION CONTACT: comments concerning the following Agency Clearance Officer, Information Requests for additional information or information collection: Services Branch. copies of the form and instructions Title: General Declaration (Outward/ [FR Doc. 99–23059 Filed 9–2–99; 8:45 am] should be directed to U.S. Customs Inward). BILLING CODE 4820±02±P OMB Number: 1515–0002. Service, Attn.: J. Edgar Nichols, Room Form Number: Customs Form 7507. 3.2.C, 1300 Pennsylvania Avenue NW, Abstract: Customs Form 7507 allows Washington, DC 20229, Tel. (202) 927– DEPARTMENT OF THE TREASURY the agent or pilot to make entry or exit 1426. of the aircraft, as required by statute. SUPPLEMENTARY INFORMATION: Customs Customs Service The form is used to document clearance invites the general public and other by the arriving aircraft at the required Federal agencies to comment on Proposed Collection; Comment inspectional facilities and inspections proposed and/or continuing information Request; North American Free Trade by appropriate regulatory agency staffs. collections pursuant to the Paperwork Agreement (NAFTA) Regulations and Current Actions: There are no changes Reduction Act of 1995 (Pub. L. 104–13; Certificate of Origin to the information collection. This 44 U.S.C. 3505(c)(2)). The comments AGENCY: U.S. Customs, Department of submission is being submitted to extend should address: (1) whether the the Treasury. the expiration date. collection of information is necessary ACTION: Notice and request for Type of Review: Extension (without for the proper performance of the comments. change). functions of the agency, including Affected Public: Business or other for- whether the information shall have SUMMARY: As part of its continuing effort profit institutions. practical utility; (b) the accuracy of the to reduce paperwork and respondent

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The Agenda will This request for comment is being made administration of the NAFTA; and the include the following: introductions of pursuant to the Paperwork Reduction resolution of disputes. the panel and open discussions with the Act of 1995 (Public Law 104–13; 44 Current Actions: There are no changes public. U.S.C. 3505(c)(2)). to the information collection. This Note: Last minute changes to the agenda DATES: Written comments should be submission is being submitted to extend are possible and could prevent effective received on or before November 2, 1999, the expiration date. advance notice. to be assured of consideration. Type of Review: Extension (without Dated: August 27, 1999. ADDRESSES: Direct all written comments change). M. Cathy VanHorn, to U.S. Customs Service, Information Affected Public: Business or other for- CAP Project Manager. Services Group, Room 3.2.C, 1300 profit institutions. [FR Doc. 99–22950 Filed 9–2–99; 8:45 am] Pennsylvania Avenue, NW, Washington, Estimated Number of Respondents: BILLING CODE 4830±01±U D.C. 20229. 1,155. FOR FURTHER INFORMATION CONTACT: Estimated Time Per Respondent: 10 Requests for additional information or minutes. DEPARTMENT OF THE TREASURY Estimated Total Annual Burden copies of the form and instructions Internal Revenue Service should be directed to U.S. Customs Hours: 2,694. Service, Attn.: J. Edgar Nichols, Room Estimated Total Annualized Cost on the Public: $43,100. Notice of Open Meeting of Citizen 3.2.C, 1300 Pennsylvania Avenue NW, Advocacy Panel, Midwest District Washington, D.C. 20229, Tel. (202) 927– Dated: August 30, 1999. 1426. J. Edgar Nichols, SUMMARY: An open meeting of the Midwest Citizen Advocacy Panel will be SUPPLEMENTARY INFORMATION: Customs Agency Clearance Officer, Information invites the general public and other Services Branch. held in Omaha, Nebraska. Federal agencies to comment on [FR Doc. 99–23060 Filed 9–2–99; 8:45 am] DATES: The meeting will be held Thursday, September 16, 1999 and proposed and/or continuing information BILLING CODE 4820±02±P collections pursuant to the Paperwork Friday, September 17, 1999. Reduction Act of 1995 (Public Law 104– FOR FURTHER INFORMATION CONTACT: 13; 44 U.S.C. 3505(c)(2)). The comments DEPARTMENT OF THE TREASURY Sandra McQuin at 1–888–912–1227, or should address: (1) Whether the 414–297–1604. collection of information is necessary Internal Revenue Service SUPPLEMENTARY INFORMATION: Notice is for the proper performance of the hereby given pursuant to Section Notice of Open Meeting of Citizen functions of the agency, including 10(a)(2) of the Federal Advisory Advocacy Panel, Brooklyn District whether the information shall have Committee Act, 5 U.S.C. App. (1988) practical utility; (b) the accuracy of the SUMMARY: An open meeting of the that an open meeting of the Citizen agency’s estimates of the burden of the Brooklyn District Citizen Advocacy Advocacy Panel (CAP) will be held collection of information; (c) ways to Panel will be held in Brooklyn, New Thursday, September 16, 1999, from enhance the quality, utility, and clarity York. 1:00 to 5:00 p.m. at the Ramada Inn Central, 7007 Grover Street, Omaha, NE of the information to be collected; (d) DATES: The meeting will be held 68106 and 7:00 p.m. to 9:00 p.m. at the ways to minimize the burden including Wednesday, September 22, 1999. the use of automated collection Best Western Central Executive Center, FOR FURTHER INFORMATION CONTACT: techniques or the use of other forms of 3650 S 72nd Street, Omaha, NE 68124 Kevin McKeon at 1–888–912–1227 or information technology; and (e) the and Friday, September 17, 1999, from 718–488–3555. annual costs burden to respondents or 9:00 a.m. to 3:00 p.m. at the Ramada Inn record keepers from the collection of SUPPLEMENTARY INFORMATION: Notice is Central, 7007 Grover Street, Omaha, NE information (a total capital/startup costs hereby given pursuant to Section 68106. The Citizen Advocacy Panel is and operations and maintenance costs). 10(a)(2) of the Federal Advisory soliciting public comment, ideas, and The comments that are submitted will Committee Act, 5 U.S.C. App. (1988) suggestions on improving customer be summarized and included in the that an operational meeting of the service at the Internal Revenue Service. Customs request for Office of Citizen Advocacy Panel will be held The public is invited to make oral Management and Budget (OMB) Wednesday, September 22, 1999, 7:00 comments on Thursday September 16, approval. All comments will become a p.m. to 9:00 p.m. at the New York City 1999, 7:00 p.m. to 9:00 p.m.; written matter of public record. In this Fire Department Headquarters at 9 comments will be read into the record. document Customs is soliciting MetroTech Center, Ground Floor Individual comments will be limited to comments concerning the following uditorium, Brooklyn, N.Y. 11201. For five minutes and an additional five information collection: more information or to confirm minutes allotted for questions and Title: NAFTA Regulations and attendance, notification of intent to answers. If you would like to have the Certificate of Origin. attend the meeting must be made with CAP consider a written statement or OMB Number: 1515–0204. Kevin McKeon. Mr. McKeon can be pre-register to make an oral comment, Form Number: Customs Form 434 and reached at 1–888–912–1227 or 718– please call the CAP office at 1–888–912– 446. 488–3555. The public is invited to make 1227 or 414–297–1604, FAX (414) 297– Abstract: The objectives of NAFTA oral comments from 7:30 p.m. to 9:00 1623, or mail to Citizen Advocacy are to eliminate barriers to trade in p.m. on Wednesday, September 22, Panel, Mail Stop 1006–MIL, 310 W. goods and services between the United 1999. Individual comments will be Wisconsin Ave, Milwaukee, Wisconsin States, Mexico, and Canada; facilitate limited to 5 minutes. If you would like 53203–2221. If you would like to pre-

VerDate 18-JUN-99 17:56 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\03SEN1.XXX pfrm02 PsN: 03SEN1 48458 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices register for the meeting, the only SUPPLEMENTARY INFORMATION: Notice is UNITED STATES INSTITUTE OF information needed by the CAP office is hereby given pursuant to Section PEACE number of attendees and zip code. The 10(a)(2) of the Federal Advisory Agenda will include the following: Committee Act, 5 U.S.C. App. (1988) Sunshine Act Reports by the CAP sub-groups, that an operational meeting of the presentation of taxpayer issues by Citizen Advocacy Panel will be held Date /time: Thursday, September 16, 1999, individual members, CAP office report, Thursday, September 16, 1999, 6:00 9:00 a.m.–5:30 p.m. and discussion of issues. p.m. to 9:00 p.m. at 10 MetroTech Location: 1200 17th Street, NW, Suite 200, Washington, DC 20036–3011. Note: Last minute changes to the agenda Center, 6th Floor, 625 Fulton Street, Brooklyn, N.Y. 11201. Due to limited Status: Open Session—Portions may be are possible and could prevent effective closed pursuant to Subsection (c) of Section advance notice. conference space, notification of intent 552(b) of Title 5, United States Code, as Dated: August 27, 1999. to attend the meeting must be made with Kevin McKeon. Mr. McKeon can provided in subsection 1706(h)(3) of the M. Cathy VanHorn, be reached at 1–888–912–1227 or 718– United States Institute of Peace Act, Public CAP Project Manager. 488–3555. The public is invited to make Law 98–525. [FR Doc. 99–22951 Filed 9–2–99; 8:45 am] oral comments from 7:00 p.m. to 8:00 Agenda: September 1999 Board Meeting; BILLING CODE 4830±01±U p.m. on Thursday, September 16, 1999. Approval of Minutes of the Ninetieth Individual comments will be limited to Meeting (June 17–18, 1999) of the Board of 5 minutes. Directors; Chairman’s Report; President’s DEPARTMENT OF THE TREASURY If you would like to have the CAP Report; Committee Reports; Fiscal Years 2000 consider a written statement, please call and 2001 Budget Review; Review of Internal Revenue Service 1–888–912–1227 or 718–488–3555, or Unsolicited Grant Applications; Other write Kevin McKeon, CAP Office, P.O. General Issues. Notice of Open Meeting of Citizen Contact: Dr. Sheryl Brown, Director, Office Advocacy Panel, Brooklyn District Box R, Brooklyn, N.Y., 11202. The Agenda will include the of Communications, Telephone: (202) 457– following: reports of the sub-committees 1700. SUMMARY: An open meeting of the Dated: September 1, 1999. Brooklyn District Citizen Advocacy and various IRS issues. Charles E. Nelson, Panel will be held in Brooklyn, New Note: Last minute changes to the agenda York. are possible and could prevent effective Vice President for Management and Finance, advance notice. United States Institute of Peace. DATES: The meeting will be held Dated: August 27, 1999. [FR Doc. 99–23142 Filed 9–1–99; 8:45 am] Thursday, September 16, 1999. M. Cathy VanHorn, BILLING CODE 6820±AR±M FOR FURTHER INFORMATION CONTACT: CAP Project Manager. Kevin McKeon at 1–888–912–1227 or [FR Doc. 99–22952 Filed 9–2–99; 8:45 am] 718–488–3555. BILLING CODE 4830±01±U

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Corrections Federal Register Vol. 64, No. 171

Friday, September 3, 1999

This section of the FEDERAL REGISTER DEPARTMENT OF DEFENSE ENVIRONMENTAL PROTECTION contains editorial corrections of previously AGENCY published Presidential, Rule, Proposed Rule, 48 CFR Part 235 and Notice documents. These corrections are [FRL±6430±1] prepared by the Office of the Federal Register. Agency prepared corrections are [DFARS Case 98-D306] Final NPDES Permit for Aquaculture issued as signed documents and appear in Facilities and Associated, On-Site Fish the appropriate document categories Defense Federal Acquisition Processing Facilities Operating in elsewhere in the issue. Regulation Supplement; Manufacturing Idaho (ID±G13±0000) Technology Program Correction Correction DEPARTMENT OF AGRICULTURE In notice document 99–22324, In rule document 99–9561, beginning beginning on page 46911, in the issue of Food and Nutrition Service on page 18829, in the issue of Friday, Friday, August 27, 1999, make the April 16, 1999, make the following following correction(s): 7 CFR Parts 210, 220, 225, and 226 correction(s): On page 46913, in the second column, under the heading Effective Date, in the Modification of the ``Vegetable Protein 235.006 [Corrected] second line, ‘‘September 13’’ should Products'' Requirements for the read ‘‘September 10’’; and in the fifth National School Lunch Program, 1. On page 18830, in the second column, in section 235.006, in line, ‘‘September 13, 2004’’ should read School Breakfast Program, Summer ‘‘September 10, 2004’’. Food Service Program and Child and paragraph (b)(ii)(A), in the second line, after the word ‘‘of’’ add ‘‘a’’. [FR Doc. C9–22324 Filed 9–2–99; 8:45 am] Adult Care Food Program--Extension BILLING CODE 1505±01±D of Public Comment Period 2. On the same page, in the second column, in the same section, in Correction paragraph (b)(ii)(C), in the fourth line, DEPARTMENT OF TRANSPORTATION ‘‘class’’ should read ‘‘class,’’. In proposed rule document 99–22088 Federal Aviation Administration appearing on page 46319 in the issue of 235.006-70 [Corrected] Wednesday, August 25, 1999, make the 14 CFR Part 71 following corrections: 3. On page 18830, in the second column, in section 235.006-70, in the [Airspace Docket No. 99-AGL-45] 1. In the first column, in the heading, heading ’’Manufacturing Technology in the sixth line, ‘‘Extention’’ should Program’’ should read ‘‘Manufacturing Proposed Modification of Class E read ‘‘Extension’’, as set forth above. Technology Program.’’ Airspace; Maple Lake, MN 2. In the second column, under the 4. On the same page, in the second Correction heading Background, in the ninth line, column, in the same section, in ‘‘July 30, 1999’’ should read ‘‘July 20, In proposed rule document 99–22061 paragraph (b), in the first line, beginning on page 46869 in the issue of 1999’’. ‘‘contract’’ should read ‘‘contracts’’. [FR Doc. C9–22088 Filed 9–2–99; 8:45 am] Friday, August 27, 1999, make the [FR Doc. C9–9561 Filed 9–2–99; 8:45 am] following correction: BILLING CODE 1505±01±D BILLING CODE 1505±01±D § 71.1 [Corrected] On page 46870, in the first column, in §71.1, under the heading ‘‘AGL MN E5 Maple Lake, MN [Revised] ’’, ‘‘Lat. 40°14’10’’N., long. 93°59’08’’W’’ should read ‘‘Lat. 45°14’10’’N., long. 93°59’08’’W’’. [FR Doc. C9–22061 Filed 9–2–99; 8:45 am] BILLING CODE 1505±01±D

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OFFICE OF PERSONNEL receive compensation during his or her the service limit of any other appointing MANAGEMENT service year that aggregates not more authority. An agency may not employ than 40 percent of the annual salary rate the same individual under this authority Excepted Service; Consolidated for the first step of grade GS–3. This for more than 60 days in any 12-month Listing of Schedules A, B, and C limited compensation includes any period. Exceptions premium pay such as for overtime, (3) Other positions for which OPM night, Sunday, or holiday work. It does determines that examining is AGENCY: Office of Personnel not, however, include any mandatory impracticable. Management. within-grade salary increases to which (j) Positions filled by current or ACTION: Notice. the employee becomes entitled former Federal employees eligible for placement under special statutory SUMMARY: This gives a consolidated subsequent to appointment under this provisions. Appointments under this notice of all positions excepted under authority. Appointments under this authority are subject to the following Schedules A, B, and C as of June 30, authority may not be for temporary conditions: 1999, as required by Civil Service Rule project employment. (h) Positions in Federal mental (1) Eligible employees. (i) Persons VI, Exceptions from the Competitive previously employed as National Guard Service. institutions when filled by persons who have been patients of such institutions Technicians under 32 U.S.C. 709(a) who SUPPLEMENTARY INFORMATION: Civil and have been discharged and are are entitled to placement under Service Rule VI (5 CFR 6.1) requires the certified by an appropriate medical § 353.110 of this chapter, or who are Office of Personnel Management (OPM) authority thereof as recovered applying for or receiving an annuity to publish notice of all exceptions sufficiently to be regularly employed under the provisions of 5 U.S.C. 8337(h) granted under Schedules A, B, and C. but it is believed desirable and in the or 5 U.S.C. 8456 by reason of a disability Title 5, Code of Federal Regulations, interest of the persons and the that disqualifies them from membership § 213.103(c), further requires that a institution that they be employed at the in the National Guard or from holding consolidated listing, current as of June institution. the military grade required as a 30 of each year, be published annually (i) Temporary and less-than-full time condition of their National Guard as a notice in the Federal Register. That positions for which examining is employment; notice follows. OPM maintains impracticable. These are: (ii) Executive branch employees continuing information on the status of (1) Positions in remote/isolated (other than employees of intelligence all Schedule A, B, and C excepted locations where examination is agencies) who are entitled to placement appointing authorities. Interested impracticable. A remote/isolated under § 353.110 but who are not eligible parties needing information about location is outside of the local for reinstatement or noncompetitive specific authorities during the year may commuting area of a population center appointment under the provisions of obtain information by contacting the from which an employee can reasonably part 315 of this chapter. Staffing Reinvention Office, Room 6500, be expected to travel on short notice (iii) Legislative and judicial branch Office of Personnel Management, 1900 E under adverse weather and/or road employees and employees of the Street, NW., Washington, DC 20415, or conditions which are normal for the intelligence agencies defined in 5 U.S.C. by calling (202) 606–0830. area. For this purpose, a population 2302(a)(2)(C)(ii) who are entitled to The following exceptions were center is a town with housing, schools, placement assistance under § 353.110. current on June 30, 1999: health care, stores and other businesses (2) Employees excluded. Employees Schedule A in which the servicing examining office who were last employed in Schedule C can schedule tests and/or reasonably or under a statutory authority that Section 213.3102 Entire Executive expect to attract applicants. An specified the employee served at the Civil Service individual appointed under this discretion, will, or pleasure of the (a) Positions of Chaplain and authority may not be employed in the agency are not eligible for appointment Chaplain’s Assistant. same agency under a combination of under this authority. (b) (Reserved). this and any other appointment to (3) Position to which appointed. (c) Positions to which appointments positions involving related duties and Employees who are entitled to are made by the President without requiring the same qualifications for placement under § 353.110 will be confirmation by the Senate. more than 1,040 working hours in a appointed to a position that OPM (d) Attorneys. service year. Temporary appointments determines is equivalent in pay and (e) Law clerk trainee positions. under this authority may be extended in grade to the one the individual left, Appointments under this paragraph 1-year increments, with no limit on the unless the individual elects to be placed shall be confined to graduates of number of such extensions, as an in a position of lower grade or pay. recognized law schools or persons exception to the service limits in National Guard Technicians whose having equivalent experience and shall § 213.104. eligibility is based upon a disability may be for periods not to exceed 14 months (2) Positions for which a critical be appointed at the same grade, or pending admission to the bar. No person hiring needs exists. This includes both equivalent, as their National Guard shall be given more than one short-term positions and continuing Technician position or at any lower appointment under this paragraph. positions that an agency must fill on an grade for which they are available. However, an appointment that was interim basis pending completion of (4) Conditions of appointment. (i) initially made for less than 14 months competitive examining, clearances, or Individuals whose placement eligibility may be extended for not to exceed 14 other procedures required for a longer is based on an appointment without months in total duration. appointment. Appointments under this time limit will receive appointments (f) Chinese, Japanese, and Hindu authority may not exceed 30 days and without time limit under this authority. interpreters. may be extended up to an additional 30 These appointees may be reassigned, (g) Any nontemporary position the days if continued employment is promoted, or demoted to any position duties of which are part-time or essential to the agency’s operations. The within the same agency for which they intermittent in which the appointee will appointments may not be used to extend qualify.

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(ii) Individuals who are eligible for authority, the employee may qualify for when the authority is specifically placement under § 353.110 based on a conversion to competitive status under included in a delegated examining time-limited appointment will be given the provisions of Executive Order 12125 agreement with OPM. appointments for a time period equal to and implementing regulations issued by (cc)–(ee) (Reserved). the unexpired portion of their previous OPM. (ff) Not to exceed 25 positions when appointment. (u) Positions when filled by severely filled in accordance with an agreement (k) Positions without compensation physically handicapped persons who: between OPM and the Department of provided appointments thereto meet the (1) Under a temporary appointment Justice by persons in programs requirements of applicable laws relating have demonstrated their ability to administered by the Attorney General of to compensation. perform the duties satisfactorily; or (2) the United States under Public Law 91– (l) Positions requiring the temporary have been certified by counselors of 452 and related statutes. A person or intermittent employment of State vocational rehabilitation agencies appointed under this authority may professional, scientific, and technical or the Veterans Administration as likely continue to be employed under it after experts for consultation purposes. to succeed in the performance of the he/she ceases to be in a qualifying (m) (Reserved). duties. Upon completion of 2 years of program only as long as he/she remains (n) Any local physician, surgeon, or satisfactory service under this authority, in the same agency without a break in dentist employed under contract or on the employee may qualify for service. a part-time or fee basis. conversion to competitive status under (o) Positions of a scientific, (gg)–(hh) (Reserved). the provisions of Executive Order 12125 (ii) Positions of Presidential Intern, professional or analytical nature when and implementing regulations issued by filled by bona fide members of the GS–9 and 11, in the Presidential OPM. Management Intern Program. Initial faculty of an accredited college or (v)–(w) (Reserved). appointments must be made at the GS– university who have special (x) Positions for which a local qualifications for the positions to which recruiting shortage exists when filled by 9 level. No one may serve under this appointed. Employment under this inmates of Federal, District of Columbia, authority for more than 2 years, unless provision shall not exceed 130 working and State (including the Commonwealth extended with OPM approval for up to days a year. of Puerto Rico, the Virgin Islands, 1 additional year. Upon completion of 2 (p)–(q) (Reserved). Guam, American Samoa, and the Trust years of satisfactory service under this (r) Positions established in support of Territory of the Pacific Islands) penal authority, the employee may qualify for fellowship and similar programs that are and correctional institutions under conversion to competitive appointment filled from limited applicant pools and work-release programs authorized by under the provisions of Executive order operate under specific criteria the Prisoner Rehabilitation Act of 1965, 12364, in accordance with requirements developed by the employing agency the District of Columbia Work Release published in the Federal Personnel and/or a non-Federal organization. Act, or under work-release programs Manual. These programs may include: internship authorized by the States. Initial (jj–kk) (Reserved). or fellowship programs that provide appointments under this authority may (ll) Positions as needed of readers for developmental or professional not exceed 1 year. An initial blind employees, interpreters for deaf experiences to individuals who have appointment may be extended for one or employees and personal assistants for completed their formal education; more periods not to exceed 1 additional handicapped employees, filled on a full training and associateship programs year each upon a finding that the inmate time, part-time, or intermittent basis. designed to increase the pool of is still in a work-release status and that Section 213.3103 Executive Office of qualified candidates in a particular a local recruiting shortage still exists. the President occupational specialty; professional/ No person may serve under this industry exchange programs that authority longer than 1 year beyond the (a) Office of Administration. (1) Not to provide for a cross-fertilization between date of that person’s release from exceed 75 positions to provide the agency and the private sector to custody. administrative services and support to foster mutual understanding, an (y) (Reserved). the White House office. exchange of ideas, or to bring (z) Not to exceed 30 positions of (b) Office of Management and Budget. experienced practitioners to the agency; assistants to top-level Federal officials (1) Not to exceed 10 positions at grades residency programs through which when filled by persons designated by GS–9/15. participants gain experience in a the President as White House Fellows. (c) Council on Environmental Quality. Federal clinical environment; and (aa) Scientific and professional (1) Professional and technical positions programs that require a period of research associate positions at GS–11 in grades GS–9 through 15 on the staff Government service in exchange for and above when filled on a temporary of the Council. educational, financial or other basis by persons having a doctoral (d)–(f) (Reserved). assistance. Appointment under this degree in an appropriate field of study (g) National Security Council. (1) All authority may not exceed 4 years. for research activities of mutual interest positions on the staff of the Council. (s) Positions with compensation fixed to appointees and their agencies. (h) Office of Science and Technology under 5 U.S.C. 5351–5356 when filled Appointments are limited to persons Policy. (1) Thirty positions of Senior by student-employees assigned or referred by the National Research Policy Analyst, GS–15; Policy Analyst, attached to Government hospitals, Council under its post-doctoral research GS–11/14; and Policy Research clinics or medical or dental laboratories. associate program, may not exceed 2 Assistant, GS–9, for employment of Employment under this authority may years, and are subject to satisfactory anyone not to exceed 5 years on projects not exceed 4 years. outcome of evaluation of the associate’s of a high priority nature. (t) Positions when filled by mentally research during the first year. (i) Office of National Drug Control retarded persons in accordance with the (bb) Positions when filled by aliens in Policy. (1) Not to exceed 15 positions, guidance in Federal Personnel Manual the absence of qualified citizens. GS–15 and below, of senior policy chapter 306. Upon completion of 2 years Appointments under this authority are analysts and other personnel with of satisfactory service under this subject to prior approval of OPM except expertise in drug-related issues and/or

VerDate 18-JUN-99 12:26 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\A03SE3.003 pfrm08 PsN: 03SEN2 48464 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices technical knowledge to aid in anti-drug (6) Three hundred positions of not extend longer than 2 months abuse efforts. Criminal Investigator for special following the transfer from the area or assignments and 10 positions for separation of a dependent’s sponsor: Section 213.3104 Department of State oversight policy and direction of Provided, that (i) a school employee (a) Office of the Secretary. (1) All sensitive law enforcement activities. may be permitted to complete the positions, GS–15 and below, on the staff (7)–(8) (Reserved). school year; and (ii) an employee other of the Family Liaison Office, Director (9) Not to exceed 25 positions of than a school employee may be General of the Foreign Service and the Customs Patrol Officers in the Papago permitted to serve up to 1 additional Director of Personnel, Office of the Indian Agency in the State of Arizona year when the military department Under Secretary for Management. when filled by the appointment of concerned finds that the additional (2) One position of Museum Curator persons of one-fourth or more Indian employment is in the interest of (Arts), in the Office of the Under blood. management. Secretary for Management, whose (d) Office of Thrift Supervision. (1) All (7) Twenty secretarial and staff incumbent will serve as Director, positions in the supervision policy and support positions at GS–12 or below on Diplomatic Reception Rooms. No new supervision operations functions of the White House Support Group. appointments may be made after OTS. No new appointments may be (8) Positions in DOD research and February 28, 1997. made under this authority after development activities occupied by (b) American Embassy, Paris, France. December 31, 1993. participants in the DOD Science and (1) Chief, Travel and Visitor Unit. No (e) Internal Revenue Service. (1) Engineering Apprenticeship Program for new appointments may be made under Twenty positions of investigator for High School Students. Persons this authority after August 10, 1981. special assignments. employed under this authority shall be (c)-(f) (Reserved). (f) (Reserved). bona fide high school students, at least (g) Bureau of Population, Refugees, (g) Bureau of Alcohol, Tobacco, and 14 years old, pursuing courses related to and Migration. (1) Not to exceed 10 Firearms. (1) One hundred positions of the position occupied and limited to positions at grades GS–5 through 11 on criminal investigator for special 1,040 working hours a year. Children of the staff of the Bureau. assignments. DOD employees may be appointed to (h) Bureau of Administration. (1) One these positions, notwithstanding the Presidential Travel Officer. No new Section 213.3106 Department of sons and daughters restriction, if the appointments may be made under this Defense positions are in field activities at remote authority after June 11, 1981. (a) Office of the Secretary. (1)–(5) locations. Appointments under this (2) One position of the Director, Art (Reserved). authority may be made only to positions in Embassies Program, GM–1001–15. (6) One Executive Secretary, US– for which qualification standards USSR Standing Consultative established under 5 CFR Part 302 are Section 213.3105 Department of the Commission and Staff Analyst (SALT), consistent with the education and Treasury Office of the Assistant Secretary of experience standards established for (a) Office of the Secretary. (1) Not to Defense (International Security Affairs). comparable positions in the competitive exceed 20 positions at the equivalent of (b) Entire Department (including the service. Appointments under this GS–13 through GS–17 to supplement Office of the Secretary of Defense and authority may not be used to extend the permanent staff in the study of complex the Departments of the Army, Navy, and service limits contained in any other problems relating to international Air Force). (1) Professional positions in appointing authority. financial, economic, trade, and energy Military Dependent School Systems (d) General. (1) Positions concerned policies and programs of the overseas. with advising, administering, Government, when filled by individuals (2) Positions in attache 1 systems supervising, or performing work in the with special qualifications for the overseas, including all professional and collection, processing, analysis, particular study being undertaken. scientific positions in the Naval production, evaluation, interpretation, Employment under this authority may Research Branch Office in London. dissemination, and estimation of not exceed 4 years. (3) Positions of clerk-translator, intelligence information, including (2) Not to exceed 20 positions, which translator, and interpreter overseas. scientific and technical positions in the will supplement permanent staff (4) Positions of Educational Specialist intelligence function; and positions involved in the study and analysis of the incumbents of which will serve as involved in the planning, programming, complex problems in the area of Director of Religious Education on the and management of intelligence domestic economic and financial policy. staffs of the chaplains in the military resources when, in the opinion of OPM, Employment under this authority may services. it is impracticable to examine. This not exceed 4 years. (5) Positions under the program for authority does not apply to positions (3) Not to exceed 20 positions in the utilization of alien scientists, approved assigned to cryptologic and Office of the Under Secretary under pertinent directives administered communications intelligence activities/ (Enforcement). Employment under this by the Director of Defense Research and functions. authority may not exceed 4 years, and Engineering of the Department of (2) Positions involved in intelligence- no new appointments may be made after Defense, when occupied by alien related work of the cryptologic July 31, 2001. scientists initially employed under the intelligence activities of the military (b) U.S. Customs Service. (1) Positions program including those who have departments. This includes all positions in foreign countries designated as acquired United States citizenship of intelligence research specialist, and ‘‘interpreter-translator’’ and ‘‘special during such employment. similar positions in the intelligence employees,’’ when filled by (6) Positions in overseas installations classification series; all scientific and appointment of persons who are not of the Department of Defense when technical positions involving the citizens of the United States; and filled by dependents of military or applications of engineering, physical or positions in foreign countries of civilian employees of the U.S. technical sciences to intelligence work; messenger and janitor. Government residing in the area. and professional as well as intelligence (2)–(5) (Reserved). Employment under this authority may technician positions in which a majority

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This authority applies only to management of intelligence resources. librarian when filled by an officer of the positions that must be filled pending (e) Uniformed Services University of Regular Army retired from active final decision on contracting of Facility the Health Sciences. service, and the military secretary to the operations. No new appointments may (1) Positions of President, Vice Superintendent when filled by a U.S. be made under this authority after July Presidents, Assistant Vice Presidents, Military Academy graduate retired as a 29, 1988. Deans, Deputy Deans, Associate Deans, regular commissioned officer for (f) (Reserved). Assistant Deans, Assistants to the disability. (g) Office of Naval Research. (1) President, Assistants to the Vice (e)-(f) (Reserved). Scientific and technical positions, GS/ Presidents, Assistants to the Deans, (g) Defense Language Institute. (1) All GM–13/15, in the Office of Naval Professors, Associate Professors, positions (professors, instructors, Research Asian Office in Tokyo, Japan, Assistant Professors, Instructors, lecturers) which require proficiency in a which covers East Asia, New Zealand Visiting Scientists, Research Associates, foreign language or a knowledge of and Australia. Positions are to be filled Senior Research Associates, and foreign language teaching methods. by personnel having specialized Postdoctoral Fellows. (h) Army War College, Carlisle experience in scientific and/or technical (2) Positions established to perform Barracks, PA. (1) Positions of professor, disciplines of current interest to the work on projects funded from grants. instructor, or lecturer associated with Department of the Navy. (f) National Defense University. (1) courses of instruction of at least 10 Section 213.3109 Department of the Not to exceed 16 positions of senior months duration for employment not to Air Force policy analyst, GS–15, at the Strategic exceed 5 years, which may be renewed (a) Office of the Secretary. (1) One Concepts Development Center. Initial in 1-, 2-, 3-, 4-, or 5-year increments Special Assistant in the Office of the appointments to these positions may not indefinitely thereafter. Secretary of the Air Force. This position exceed 6 years, but may be extended (i) (Reserved). thereafter in 1-, 2-, or 3-year increments, has advisory rather than operating (j) U.S. Military Academy Preparatory duties except as operating or indefinitely. School, Fort Monmouth, New Jersey. (1) (g) Defense Communications Agency. administrative responsibilities may be Positions of Academic Director, (1) Not to exceed 10 positions at grades exercised in connection with the pilot Department Head, and Instructor. GS–10/15 to staff and support the Crisis studies. (k) U.S. Army Command and General Management Center at the White House. (b) General. (1) Professional, (h) Defense Systems Management Staff College, Fort Leavenworth, Kansas. technical, managerial and College, Fort Belvoir, Va. (1) The Provost (1) Positions of professor, associate administrative positions supporting and professors in grades GS–13 through professor, assistant professor, and space activities, when approved by the 15. instructor associated with courses of Secretary of the Air Force. (i) George C. Marshall European instruction of at least 10 months (2) Ninety-five positions engaged in Center for Security Studies, Garmisch, duration, for employment not to exceed interdepartmental defense projects Germany. (1) The Director, Deputy up to 5 years, which may be renewed in involving scientific and technical Director, and positions of professor, 1, 2, 3, 4, or 5-year increments evaluations. instructor, and lecturer at the George C. indefinitely thereafter. (c) Not to exceed 20 professional Marshall European Center for Security Section 213.3108 Department of the positions, GS–11 through GS–15, in Studies, Garmisch, Germany, for initial Navy Detachments 6 and 51, SM–ALC, Norton employment not to exceed 3 years, and McClellan Air Force Bases, which may be renewed in increments (a) General. (1)–(14) (Reserved). California, which will provide logistic from 1 to 2 years thereafter. (15) Marine positions assigned to a support management to specialized (j) Asia-Pacific Center for Security coastal or seagoing vessel operated by a research and development projects. Studies, Honolulu, Hawaii. (1) The naval activity for research or training (d) U.S. Air Force Academy, Director, Deputy Director, Dean of purposes. Colorado. (1) (Reserved). Academics, Director of College, deputy (16) All positions necessary for the (2) Positions of Professor, Associate department chairs, and senior positions administration and maintenance of the Professor, Assistant Professor, and of professor, associate professor, and official residence of the Vice President. Instructor, in the Dean of Faculty, research fellow within the Asia Pacific (b) Naval Academy, Naval Commandant of Cadets, Director of Center. Appointments may be made not Postgraduate School, and Naval War Athletics, and Preparatory School of the to exceed 3 years and may be extended College. (1) Professors, instructors, and United States Air Force Academy. for periods not to exceed 3 years. teachers; the Director of Academic (e) (Reserved). Planning, Naval Postgraduate School; (f) Air Force Office of Special Section 213.3107 Department of the and the Librarian, Organist-Choirmaster, Investigations. (1) Not to exceed 350 Army Registrar, the Dean of Admissions, and positions of Criminal Investigators/ (a)-(c) (Reserved). social counselors at the Naval Academy. Intelligence Research Specialists, GS–5 (d) U.S. Military Academy, West (c) Chief of Naval Operations. (1) One through GS–15. Point, New York. (1) Civilian professors, position at grade GS–12 or above that (g) Not to exceed eight positions, GS– instructors, teachers (except teachers at will provide technical, managerial, or 12 through 15, in Headquarters Air the Children’s School), Cadet Social administrative support on highly Force Logistics Command, DCS Material Activities Coordinator, Chapel Organist classified functions to the Deputy Chief Management, Office of Special

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Activities, Wright-Patterson Air Force equivalent, in the field service of the (9) Temporary, part-time, or Base, Ohio, which will provide logistic Department of the Interior, when filled intermittent employment of mechanics, support management staff guidance to by the appointment of persons who are skilled laborers, equipment operators classified research and development certified as maintaining a permanent and tradesmen on construction, repair, projects. and exclusive residence within, or or maintenance work not to exceed 180 (h) Air University, Maxwell Air Force contiguous to, a field activity or district, working days a year in Alaska, when the Base, Alabama. (1) Positions of and as being dependent for livelihood activity is carried on in a remote or Professor, Instructor, or Lecturer. primarily upon employment available isolated area and there is a shortage of (i) Air Force Institute of Technology, within the field activity of the available candidates for the positions. Wright-Patterson Air Force Base, Ohio. Department. (10) Seasonal airplane pilots and (1) Civilian deans and professors. (2) All positions on Government- airplane mechanics in Alaska, not to (j) Air Force Logistics Command. (1) owned ships or vessels operated by the exceed 180 working days a year. One Supervisory Logistics Management Department of the Interior. (11) Temporary staff positions in the Specialist, GM–346–14, in Detachment (3) Temporary or seasonal caretakers Youth Conservation Corps Centers 2, 2762 Logistics Management Squadron at temporarily closed camps or operated by the Department of the (Special), Greenville, Texas. improved areas to maintain grounds, Interior. Employment under this (k) One position of Supervisory buildings, or other structures and authority shall not exceed 11 weeks a Logistics Management Specialist, GS– prevent damages or theft of Government year except with prior approval of OPM. 346–15, in the 2762nd Logistics property. Such appointments shall not (12) Positions in the Youth Squadron (Special), at Wright-Patterson extend beyond 130 working days a year Conservation Corps for which pay is Air Force Base, Ohio. without the prior approval of OPM. fixed at the Federal minimum wage rate. (l) One position of Commander, Air (4) Temporary, intermittent, or Employment under this authority may National Guard Readiness Center, seasonal field assistants at GS–7, or its not exceed 10 weeks. Andrews Air Force Base, Maryland. equivalent, and below in such areas as (b) (Reserved). forestry, range management, soils, (c) Indian Arts and Crafts Board. (1) Section 213.3110 Department of Justice engineering, fishery and wildlife The Executive Director. (a) General. (1) Deputy U.S. Marshals management, and with surveying (d) (Reserved). employed on an hourly basis for parties. Employment under this (e) Office of the Assistant Secretary, intermittent service. authority may not exceed 180 working Territorial and International Affairs. (1) (2)–(5) (Reserved). days a year. (Reserved). (6) Positions of Program Manager and (5) Temporary positions established (2) Not to exceed four positions of Territorial Management Interns, grades Assistant Program Manager supporting in the field service of the Department for GS–5, GS–7, or GS–9, when filled by the International Criminal Investigative emergency forest and range fire territorial residents who are U.S. Training Assistance Program in foreign prevention or suppression and blister citizens from the Virgin Islands or countries. Initial appointments under rust control for not to exceed 180 Guam; U.S. nationals from American this authority may not exceed 2 years, working days a year: Provided, that an Samoa; or in the case of the Northern but may be extended for an additional employee may work as many as 220 Marianas, will become U.S. citizens period not to exceed 2 years. working days a year when employment upon termination of the U.S. (b) Immigration and Naturalization beyond 180 days is required to cope trusteeship. Employment under this Service. (1) (Reserved). with extended fire seasons or sudden authority may not exceed 6 months. (2) Not to exceed 500 positions of emergencies such as fire, flood, storm, (3) (Reserved). interpreters and language specialists, or other unforeseen situations involving (4) Special Assistants to the Governor GS–1040–5/9. potential loss of life or property. of American Samoa who perform (6) Persons employed in field (3) Not to exceed 25 positions, GS–15 specialized administrative, professional, positions, the work of which is financed and below, with proficiency in technical, and scientific duties as jointly by the Department of the Interior speaking, reading, and writing the members of his or her immediate staff. Russian language and serving in the and cooperating persons or (f) National Park Service. (1) Soviet Refugee Processing Program with organizations outside the Federal (Reserved). permanent duty location in Moscow, service. (2) Positions established for the Russia. (7) All positions in the Bureau of administration of Kalaupapa National (c) Drug Enforcement Administration. Indian Affairs and other positions in the Historic Park, Molokai, Hawaii, when (1) (Reserved). Department of the Interior directly and filled by appointment of qualified (2) Four hundred positions of primarily related to providing services patients and Native Hawaiians, as Intelligence Research Agent and/or to Indians when filled by the provided by Public Law 95–565. Intelligence Operation Specialist in the appointment of Indians. The Secretary (3) Seven full-time permanent and 31 GS–132 series, grades GS–9 through of the Interior is responsible for defining temporary, part-time, or intermittent GS–15. the term ‘‘Indian.’’ positions in the Redwood National Park, (3) Not to exceed 200 positions of (8) Temporary, intermittent, or California, which are needed for Criminal Investigator (Special Agent). seasonal positions at GS–7 or below in rehabilitation of the park, as provided New appointments may be made under Alaska, as follows: Positions in by Public Law 95–250. this authority only at grades GS–7/11. nonprofessional mining activities, such (4) One Special Representative of the (d) National Drug Intelligence Center. as those of drillers, miners, caterpillar Director. All positions. operators, and samplers. Employment (5) All positions in the Grand Portage under this authority shall not exceed National Monument, Minnesota, when Section 213.3112 Department of the 180 working days a year and shall be filled by the appointment of recognized Interior appropriate only when the activity is members of the Minnesota Chippewa (a) General. (1) Technical, carried on in a remote or isolated area Tribe. maintenance, and clerical positions at or and there is a shortage of available (g) Bureau of Reclamation. (1) below grades GS–7, WG–10, or candidates for the positions. Appraisers and examiners employed on

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Employment under competitive civil service in the GS–11 and below in the cotton, raisin, this provision shall not exceed 130 administration of agricultural programs and processed fruit and vegetable working days a year in any individual at the State level is needed by the commodities and the following case: Provided, that such employment Department for the more efficient positions in support of these may, with prior approval of OPM, be administration of its programs. No new commodities: Clerks, Office Automation extended for not to exceed an additional appointment may be made under this Clerks, and Computer Clerks and 50 working days in any single year. authority after December 31, 1985. Operators at GS–5 and below; Clerk- (h) Office of the Deputy Assistant (b)–(c) (Reserved). Typists at grades GS–4 and below; and, Secretary for Territorial Affairs. (1) (d) Farm Service Agency. (1) under the Federal Wage System, High Positions of Territorial Management (Reserved). Volume Instrumentation (HVI) Interns, GS–5, when filled by persons (2) Members of State Committees: Operators and HVI Operator Leaders at selected by the Government of the Trust Provided, that employment under this WG/WL–2 and below, respectively, Territory of the Pacific Islands. No authority shall be limited to temporary Instrument Mechanics/Workers/Helpers appointment may extend beyond 1 year. intermittent (WAE) positions whose at WG–10 and below, and Laborers. principal duties involve administering Employment under this authority may Section 213.3113 Department of farm programs within the State Agriculture not exceed 180 days in a service year. consistent with legislative and In unforeseen situations such as bad (a) General. (1) Agents employed in Departmental requirements and weather or crop conditions, field positions the work of which is reviewing national procedures and unanticipated plant demands, or financed jointly by the Department and policies for adaptation at State and local increased imports, employees may work cooperating persons, organizations, or levels within established parameters. up to 240 days in a service year. Cotton governmental agencies outside the Individual appointments under this Agricultural Commodity Graders, GS–5, Federal service. Except for positions for authority are for 1 year and may be may be employed as trainees for the first which selection is jointly made by the extended only by the Secretary of appointment for an initial period of 6 Department and the cooperating Agriculture or his designee. Members of months for training without regard to organization, this authority is not State Committees serve at the pleasure the service year limitation. applicable to positions in the of the Secretary. (3) Milk Market Administrators. Agricultural Research Service or the (e) Rural Development. (1) (Reserved). (4) All positions on the staffs of the National Agricultural Statistics Service. (2) County committeemen to consider, Milk Market Administrators. This authority is not applicable to the recommend, and advise with respect to (g)–(k) (Reserved). following positions in the Agricultural the Rural Development program. (l) Food Safety and Inspection Marketing Service: Agricultural (3) Temporary positions whose Service. (1)–(2) (Reserved). commodity grader (grain) and (meat), principal duties involve the making and (3) Positions of meat and poultry (poultry), and (dairy), agricultural servicing of natural disaster emergency inspectors (veterinarians at GS–11 and commodity aid (grain), and tobacco loans pursuant to current statutes below and nonveterinarians at inspection positions. authorizing natural disaster emergency appropriate grades below GS–11) for (2)–(4) (Reserved). loans. Appointments under this employment on a temporary, (5) Temporary, intermittent, or provision shall not exceed 1 year unless intermittent, or seasonal basis, not to seasonal employment in the field extended for one additional period not exceed 1,280 hours a year. service of the Department in positions at to exceed 1 year, but may, with prior (m) Grain Inspection, Packers and and below GS–7 and WG–10 in the approval of OPM be further extended for Stockyards Administration. (1) One following types of positions: Field additional periods not to exceed 1 year hundred and fifty positions of assistants for subprofessional services; each. Agricultural Commodity Aid (Grain), agricultural helpers, helper-leaders, and (4)–(5) (Reserved). GS–2/4; 100 positions of Agricultural workers in the Agricultural Research (6) Professional and clerical positions Commodity Technician (Grain), GS–4/7; Service and the Animal and Plant in the Trust Territory of the Pacific and 60 positions of Agricultural Health Inspection Service; and subject Islands when occupied by indigenous Commodity Grader (Grain), GS–5/9, for to prior OPM approval granted in the residents of the Territory to provide temporary employment on a part-time, calendar year in which the appointment financial assistance pursuant to current intermittent, or seasonal basis not to is to be made, other clerical, trades, authorizing statutes. exceed 1,280 hours in a service year. crafts, and manual labor positions. Total (f) Agricultural Marketing Service. (1) (n) Alternative Agricultural Research employment under this subparagraph Positions of Agricultural Commodity and Commercialization Corporation. (1) may not exceed 180 working days in a Graders, Agricultural Commodity Executive Director. service year: Provided, that an employee Technicians, and Agricultural may work as many as 220 working days Commodity Aids at grades GS–9 and Section 213.3114 Department of in a service year when employment below in the tobacco, dairy, and poultry Commerce beyond 180 days is required to cope commodities; Meat Acceptance (a) General. (1)–(2) (Reserved). with extended fire seasons or sudden Specialists, GS–11 and below; Clerks, (3) Not to exceed 50 scientific and emergencies such as fire, flood, storm, Office Automation Clerks, and technical positions whose duties are or other unforeseen situations involving Computer Clerks at GS–5 and below; performed primarily in the Antarctic. potential loss of life or property. This Clerk-Typists at grades GS–4 and below; Incumbents of these positions may be paragraph does not cover trades, crafts, and Laborers under the Wage System. stationed in the continental United

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States for periods of orientation, Employees’ Compensation Appeals Health Service, for an emergency staff to training, analysis of data, and report Board. provide health related services to writing. (2) Chairman and eight members, foreign entrants. (b)–(c) (Reserved). Benefits Review Board. (c)-(e) (Reserved). (d) Bureau of the Census. (1) (b)–(c) (Reserved). (f) The President’s Council on Managers, supervisors, technicians, (d) Employment and Training Physical Fitness. (1) Four staff clerks, interviewers, and enumerators in Administration. (1) Not to exceed 10 assistants. the field service, for time-limited positions of Supervisory Manpower Development Specialist and Manpower Section 213.3117 Department of employment to conduct a census. Education (2) Current Program Interviewers Development Specialist, GS–7/15, in the employed in the field service. Division of Indian and Native American (a) Positions concerned with problems (e)–(h) (Reserved). Programs, when filled by the in education financed and participated (i) Office of the Under Secretary for appointment of persons of one-fourth or in by the Department of Education and International Trade. more Indian blood. These positions a cooperating State educational agency, (1) Fifteen positions at GS–12 and require direct contact with Indian tribes or university or college, in which there above in specialized fields relating to and communities for the development is joint responsibility for selection and international trade or commerce in units and administration of comprehensive supervision of employees, and at least under the jurisdiction of the Under employment and training programs. one-half of the expense is contributed Secretary for International Trade. by the cooperating agency in salaries, Section 213.3116 Department of quarters, materials, equipment, or other Incumbents will be assigned to advisory Health and Human Services rather than to operating duties, except necessary elements in the carrying on of as operating and administrative (a) General. (1) Intermittent positions, the work. responsibility may be required for the at GS–15 and below and WG–10 and below, on teams under the National Section 213.3121 Corporation for conduct of pilot studies or special National and Community Service projects. Employment under this Disaster Medical System including authority will not exceed 2 years for an Disaster Medical Assistance Teams and (a) All positions on the staff of the individual appointee. specialty teams, to respond to disasters, Corporation for National Community (2) (Reserved). emergencies, and incidents/events Service. No new appointments may be (3) Not to exceed 15 positions in involving medical, mortuary and public made under this authority after grades GS–12 through GS–15, to be health needs. September 30, 1995. (b) Public Health Service. (1) filled by persons qualified as industrial Section 213.3124 Board of Governors, (Reserved). or marketing specialists; who possess Federal Reserve System specialized knowledge and experience (2) Positions at Government sanatoria when filled by patients during treatment (a) All positions. in industrial production, industrial or convalescence. operations and related problems, market Section 213.3127 Department of (3) (Reserved). Veterans Affairs structure and trends, retail and (4) Positions concerned with wholesale trade practices, distribution problems in preventive medicine (a) Construction Division. (1) channels and costs, or business financed or participated in by the Temporary construction workers paid financing and credit procedures Department of Health and Human from ‘‘purchase and hire’’ funds and applicable to one or more of the current Services and a cooperating State, appointed for not to exceed the duration segments of U.S. industry served by the county, municipality, incorporated of a construction project. Under Secretary for International Trade, organization, or an individual in which (b) Not to exceed 400 positions of and the subordinate components of his at least one-half of the expense is rehabilitation counselors, GS–3 through organization which are involved in contributed by the participating agency GS–11, in Alcoholism Treatment Units Domestic Business matters. either in salaries, quarters, materials, and Drug Dependence Treatment Appointments under this authority may equipment, or other necessary elements Centers, when filled by former patients. be made for a period of not to exceed in the carrying on of the work. (c) Board of Veterans’ Appeals. (1) 2 years and may, with prior approval of (5)–(6) (Reserved). Positions, GS–15, when filled by a OPM, be extended for an additional (7) Not to exceed 50 positions member of the Board. Except as period of 2 years. associated with health screening provided by section 201(d) of Public (j) National Oceanic and Atmospheric programs for refugees. Law 100–687, appointments under this Administration. (1)–(2) (Reserved). (8) All positions in the Public Health authority shall be for a term of 9 years, (3) All civilian positions on vessels Service and other positions in the and may be renewed. operated by the National Ocean Service. Department of Health and Human (2) Positions, GS–15, when filled by a (4) Temporary positions required in Services directly and primarily related non-member of the Board who is connection with the surveying to providing services to Indians when awaiting Presidential approval for operations of the field service of the filled by the appointment of Indians. appointment as a Board member. National Ocean Service. Appointment to The Secretary of Health and Human (d) Not to exceed 600 positions at such positions shall not exceed 8 Services is responsible for defining the grades GS–3 through GS–11, involved in months in any 1 calendar year. term ‘‘Indian.’’ the Department’s Vietnam Era Veterans (k) (Reserved). (9) (Reserved). Readjustment Counseling Service. (l) National Telecommunication and (10) Health care positions of the Information Administration. (1) National Health Service Corps for Section 213.3128 U.S. Information Seventeen professional positions in employment of any one individual not Agency grades GS–13 through GS–15. to exceed 4 years of service in health (a) Office of Congressional and Public manpower shortage areas. Liaison. (1) Two positions of Liaison Section 213.3115 Department of Labor (11)–(14) (Reserved). Officer (Congressional), GS–14. (a) Office of the Secretary. (1) (15) Not to exceed 200 staff positions, (b) Five positions of Supervisory Chairman and five members, GS–15 and below, in the Immigration International Exchange Officer

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(Reception Center Director), GS–13 and but may be extended for not to exceed Act of 1994. No new appointments may GS–14, located in USIA’s field offices of 1 additional year. be made under this authority after New Orleans, New York, Miami, San March 31, 1998. Section 213.3136 U.S. Soldiers’ and Francisco, and Honolulu. Initial Airmen’s Home Section 213.3165 Chemical Safety and appointments will not exceed December Hazard Investigation Board 31 of the calendar year in which (a) (Reserved). appointment is made with extensions (b) Positions when filled by member- (a) Up to 30 positions established to permitted up to a maximum period of 4 residents of the Home. create the Chemical Safety and Hazard years. Investigation Board. No new Section 213.3138 Federal appointments may be made under this Section 213.3132 Small Business Communications Commission authority after December 31, 1999. Administration (a) Fifteen positions of (a) When the President under 42 Telecommunications Policy Analyst, Section 213.3174 Smithsonian U.S.C. 1855–1855g, the Secretary of GS–301–13/14/15. Initial appointment Institution Agriculture under 7 U.S.C. 1961, or the to these positions will be for a period of (a) (Reserved). Small Business Administration under not to exceed 2 years with provision for (b) All positions located in Panama 15 U.S.C. 636(b)(1) declares an area to two 1-year extensions. No new which are part of or which support the be a disaster area, positions filled by appointments may be made under this Smithsonian Tropical Research time-limited appointment of employees authority after May 31, 1998. Institute. to make and administer disaster loans in (c) Positions at GS–15 and below in the area under the Small Business Act, Section 213.3142 Export-Import Bank the National Museum of the American as amended. Service under this of the United States Indian requiring knowledge of, and authority may not exceed 4 years, and (a) One Special Assistant to the Board experience in, tribal customs and no more than 2 years may be spent on of Directors, grade GS–14 and above. culture. Such positions comprise a single disaster. Exception to this time approximately 10 percent of the Section 213.3146 Selective Service limit may only be made with prior Museum’s positions and, generally, do System Office approval. Appointments under not include secretarial, clerical, this authority may not be used to extend (a) State Directors. administrative, or program support the 2-year service limit contained in Section 213.3148 National positions. paragraph (b) below. No one may be Aeronautics and Space Administration appointed under this authority to Section 213.3175 Woodrow Wilson positions engaged in long-term (a) One hundred and fifty alien International Center for Scholars maintenance of loan portfolios. scientists having special qualifications (a) One East Asian Studies Program (b) When the President under 42 in the fields of aeronautical and space Administrator, one International U.S.C. 1855–1855g, the Secretary of research where such employment is Security Studies Program Agriculture under 7 U.S.C. 1961, or the deemed by the Administrator of the Administrator, one Latin American Small Business Administration under National Aeronautics and Space Program Administrator, one Russian 15 U.S.C. 636(b)(1) declares an area to Administration to be necessary in the Studies Program Administrator, one be a disaster area, positions filled by public interest. West European Program Administrator, time-limited appointment of employees Section 213.3155 Social Security and one Social Science Program to make and administer disaster loans in Administration Administrator. that area under the Small Business Act, as amended. No one may serve under (a) Six positions of Social Insurance Section 213.3178 Community this authority for more than an aggregate Representative in the district offices of Development Financial Institutions of 2 years without a break in service of the Social Security Administration in Fund at least 6 months. Persons who have had the State of Arizona when filled by the (a) All positions in the Fund and more than 2 years of service under appointment of persons of one-fourth or positions created for the purpose of paragraph (a) of this section must have more Indian blood. establishing the Fund’s operations in a break in service of at least 8 months (b) Seven positions of Social accordance with the Community following such service before Insurance Representative in the district Development Banking and Financial appointment under this authority. No offices of the Social Security Institutions Act of 1994, except for any one may be appointed under this Administration in the State of New positions required by the Act to be filled authority to positions engaged in long- Mexico when filled by the appointment by competitive appointment. No new term maintenance of loan portfolios. of persons of one-fourth or more Indian appointments may be made under this blood. authority after September 23, 1998. Section 213.3133 Federal Deposit (c) Two positions of Social Insurance Insurance Corporation Representative in the district offices of Section 213.3180 Utah Reclamation (a)-(b) (Reserved). the Social Security Administration in and Conservation Commission (c) Temporary positions located at the State of Alaska when filled by the (a) Executive Director. closed banks or savings and loan appointments of persons of one-fourth Section 213.3182 National Foundation institutions that are concerned with or more Alaskan Native blood (Eskimos, on the Arts and the Humanities liquidating the assets of the institutions, Indians, or Aleuts). liquidating loans to the institutions, or (a) National Endowment for the Arts. paying the depositors of closed insured Section 213.3162 The President’s (1) Artistic and related positions at institutions. New appointments may be Crime Prevention Council grades GS–13 through GS–15 engaged in made under this authority only during (a) Up to 7 positions established in the review, evaluation and the 60 days immediately following the the President’s Crime Prevention administration of applications and institution’s closing date. Such Council office created by the Violent grants supporting the arts, related appointments may not exceed 1 year, Crime Control and Law Enforcement research and assessment, policy and

VerDate 18-JUN-99 12:26 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\A03SE3.014 pfrm08 PsN: 03SEN2 48470 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Notices program development, arts education, emergency. Persons may not be available within the agency. An agency access programs and advocacy or employed under this authority for long- may use this authority to fill positions evaluation of critical arts projects and term duties or for work not directly in organizations which do not meet all outreach programs. Duties require necessitated by the emergency response of the above conditions or to make artistic stature, in-depth knowledge of effort. appointments and position changes in a arts disciplines and/or artistic-related (b) Not to exceed 30 positions at single organization during a period leadership qualities. grades GS–15 and below in the Offices longer than 4 years only with prior of Executive Administration, General approval of the Office. Section 213.3191 Office of Personnel Counsel, Inspector General, Management Comptroller, Public Affairs, Personnel, Schedule B (a)-(c) (Reserved). Acquisition Management, and the State Section 213.3202 Entire Executive (d) Part-time and intermittent and Local Program and Support Civil Service positions of test examiners at grades Directorate which are engaged in work GS–8 and below. directly related to unique response (a) Student Educational Employment efforts to environmental emergencies Program—Student Temporary Section 213.3194 Department of not covered by the Disaster Relief Act of Employment Program. (1) Students may Transportation 1974, Public Law 93–288, as amended. be appointed to the Student Temporary (a) U.S. Coast Guard. (1) (Reserved). Employment under this authority may Employment Program if they are (2) Lamplighters. not exceed 36 months on any single pursuing any of the following (3) Professors, Associate Professors, emergency, or for long-term duties or educational programs: Assistant Professors, Instructors, one work not directly necessitated by the (i) High School Diploma or General Principal Librarian, one Cadet Hostess, emergency response effort. No one may Equivalency Diploma (GED); and one Psychologist (Counseling) at the be reappointed under this authority for (ii) Vocational/Technical certificate; (iii) Associate degree; Coast Guard Academy, New London, service in connection with a different (iv) Baccalaureate degree; Connecticut. emergency unless at least 6 months have (b)-(d) (Reserved). (v) Graduate degree; or elapsed since the individual’s latest (vi) Professional degree (e) Maritime Administration. (1)–(2) appointment under this authority. (Reserved). (c) Not to exceed 350 professional and * * * * * (3) All positions on Government- technical positions at grades GS–5 [The remaining text of provisions owned vessels or those bareboats through GS–15, or equivalent, in Mobile pertaining to the Student Temporary chartered to the Government and Employment Program can be found in 5 CFR Emergency Response Support 213.3202(a).] operated by or for the Maritime Detachments (MERS). Administration. (b) Student Educational Employment (4)–(5) (Reserved). Section 213.3199 Temporary Program—Student Career Experience (6) U.S. Merchant Marine Academy, Organizations Program. (1)(i) Students may be positions of: Professors, Instructors, and (a) Positions on the staffs of temporary appointed to the Student Career Teachers, including heads of boards and commissions which are Experience Program if they are pursuing Departments of Physical Education and established by law or Executive order any of the following educational Athletics, Humanities, Mathematics and for specified periods not to exceed 4 programs: Science, Maritime Law and Economics, years to perform specific projects. A (A) High school diploma or General Nautical Science, and Engineering; temporary board or commission Equivalency Diploma (GED); Coordinator of Shipboard Training; the originally established for less than 4 (B) Vocational/Technical certificate; Commandant of Midshipmen, the years and subsequently extended may (C) Associate degree; Assistant Commandant of Midshipmen; continue to fill its staff positions under (D) Baccalaureate degree; Director of Music; three Battalion this authority as long as its total life, (E) Graduate degree; or Officers; three Regimental Affairs including extension(s), does not exceed (F) Professional degree. Officers; and one Training 4 years. No board or commission may (ii) Student participants in the Harry Administrator. use this authority for more than 4 years S. Truman Foundation Scholarship (7) U.S. Merchant Marine Academy to make appointments and position Program under the provision of Public positions of: Associate Dean; Registrar; changes unless prior approval of the Law 93–842 are eligible for Director of Admissions; Assistant Office is obtained. appointments under the Student Career Director of Admissions; Director, Office (b) Positions on the staffs of Experience Program. of External Affairs; Placement Officer; temporary organizations established [The remaining text of provisions Administrative Librarian; Shipboard within continuing agencies when all of pertaining to the Student Career Experience Training Assistant; three Academy the following conditions are met: (1) Program can be found in 5 CFR 213.3202(b).] Training Representatives; and one The temporary organization is * * * * * Education Program Assistant. established by an authority outside the (c)–(i) (Reserved). agency, usually by law or Executive (j) Special executive development Section 213.3195 Federal Emergency order; (2) the temporary organization is positions established in connection with Management Agency established for an initial period of 4 Senior Executive Service candidate (a) Field positions at grades GS–15 years or less and, if subsequently development programs which have been and below, or equivalent, which are extended, its total life including approved by OPM. A Federal agency engaged in work directly related to extension(s) will not exceed 4 years; (3) may make new appointments under this unique response efforts to the work to be performed by the authority for any period of employment environmental emergencies not covered temporary organization is outside the not exceeding 3 years for one by the Disaster Relief Act of 1974, agency’s continuing responsibilities; individual. Public Law 93–288, as amended. and (4) the positions filled under this (k) Positions at grades GS–15 and Employment under this authority may authority are those for which other below when filled by individuals who not exceed 36 months on any single staffing resources or authorities are not (1) are placed at a severe disadvantage

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(1) because of the disability; and (2) are (d) Fourteen positions on the Sixty-one positions of Professor, GS–13/ certified to a specific position by a State household staff of the President’s Guest 15, for employment of any one vocational rehabilitation counselor or a House (Blair and Blair-Lee Houses). individual on an initial appointment not Veterans Administration counseling (e) (Reserved). to exceed 3 years, which may be psychologist (or psychiatrist) who (f) Scientific, professional, and renewed in any increment from 1 to 6 indicates that they meet the severe technical positions at grades GS–12 to years indefinitely thereafter. disadvantage criteria stated above, that GS–15 when filled by persons having (d) General. (1) One position of Law they are capable of functioning in the special qualifications in foreign policy Enforcement Liaison Officer (Drugs), positions to which they will be matters. Total employment under this GS–301–15, U.S. European Command. appointed, and that any residual authority may not exceed 4 years. (2) Acquisition positions at grades disability is not job related. Section 213.3205 Department of the GS–5 through GS–11, whose Employment of any individual under Treasury incumbents have successfully this authority may not exceed 2 years completed the required course of following each significant period of (a) Positions of Deputy Comptroller of education as participants in the mental illness. the Currency, Chief National Bank Department of Defense scholarship (l) (Reserved). Examiner, Assistant Chief National program authorized under 10 U.S.C. (m) Positions when filled under any Bank Examiner, Regional Administrator 1744. of the following conditions: (1) of National Banks, Deputy Regional (e) Office of the Inspector General. (1) Appointment at grades GS–15 and Administrator of National Banks, Positions of Criminal Investigator, GS– above, or equivalent, in the same or a Assistant to the Comptroller of the 1811–5/15. different agency without a break in Currency, National Bank Examiner, (f) Department of Defense Polygraph service from a career appointment in the Associate National Bank Examiner, and Institute, Fort McClellan, Alabama. (1) Senior Executive Service (SES) of an Assistant National Bank Examiner, One Director, GM–15. individual who: whose salaries are paid from (g) Defense Security Assistance (i) Has completed the SES assessments against national banks and Agency. All faculty members with probationary period; other financial institutions. instructor and research duties at the (ii) Has been removed from the SES (b)-(c) (Reserved). Defense Institute of Security Assistance because of less than fully successful (d) Positions concerned with the Management, Wright Patterson Air executive performance or a reduction in protection of the life and safety of the Force Base, Dayton, Ohio. Individual force; and President and members of his appointments under this authority will (iii) Is entitled to be placed in another immediate family, or other persons for be for an initial 3-year period, which civil service position under 5 U.S.C. whom similar protective services are may be followed by an appointment of 3594(b). prescribed by law, when filled in indefinite duration. (2) Appointment in a different agency accordance with special appointment without a break in service of an procedures approved by OPM. Service Section 213.3207 Department of the individual originally appointed under under this authority may not exceed (1) Army paragraph (m)(1). a total of 4 years; or (2) 120 days (a) U.S. Army Command and General (3) Reassignment, promotion, or following completion of the service Staff College. (1) Seven positions of demotion within the same agency of an required for conversion under Executive professors, instructors, and education individual appointed under this Order 11203, whichever comes first. specialists. Total employment of any authority. individual under this authority may not Section 213.3206 Department of (n) Positions when filled by exceed 4 years. preference eligibles or veterans who Defense have been separated from the armed (a) Office of the Secretary. (1) Section 213.3208 Department of the forces under honorable conditions after (Reserved). Navy 3 years or more of continuous active (2) Professional positions at GS–11 (a) Naval Underwater Systems Center, service and who, in accordance with 5 through GS–15 involving systems, costs, New London, Connecticut. (1) One U.S.C. 3304(f) (Pub. L. 105–339), and economic analysis functions in the position of Oceanographer, grade GS– applied for these positions under merit Office of the Assistant Secretary 14, to function as project director and promotion procedures when (Program Analysis and Evaluation); and manager for research in the weapons applications were being accepted by the in the Office of the Deputy Assistant systems applications of ocean eddies. agency from individuals outside its own Secretary (Systems Policy and (b) All civilian faculty positions of workforce. These veterans may be Information) in the Office of the professors, instructors, and teachers on promoted, demoted, or reassigned, as Assistant Secretary (Comptroller). the staff of the Armed Forces Staff appropriate, to other positions within (3)–(4) (Reserved). College, Norfolk, Virginia. the agency but would remain employed (5) Four Net Assessment Analysts. (c) One Director and four Research under this excepted authority as long as (b) Interdepartmental activities. (1) Psychologists at the professor or GS–15 there is no break in service. Five positions to provide general level in the Defense Personnel Security administration, general art and Research and Education Center. Section 213.3203 Executive Office of information, photography, and/or visual (d) All civilian professor positions at the President information support to the White House the Marine Corps Command and Staff (a) (Reserved). Photographic Service. College. (b) Office of the Special (2) Eight positions, GS–15 or below, (e) One position of Staff Assistant, Representative for Trade Negotiations. in the White House Military Office, GS–301–15, whose incumbent will

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(1) Temporary positions excess of GS–13, of a professional or authority after February 29, 1992. of professional Research Scientists, GS– analytical nature when filled by persons, other than college faculty Section 213.3209 Department of the 15 or below, in the Agricultural members or candidates working toward Air Force Research Service and the Forest Service, when such positions are established to college degrees, who are participating in (a) Not to exceed four support the Research Associateship midcareer development programs interdisciplinary positions for the Air Program and are filled by persons authorized by Federal statute or Research Institute at the Air University, having a doctoral degree in an regulation, or sponsored by private Maxwell Air Force Base, Alabama, for appropriate field of study for research nonprofit organizations, when a period employment to complete studies activities of mutual interest to of work experience is a requirement for proposed by candidates and acceptable appointees and the agency. completion of an organized study to the Air Force. Initial appointments Appointments are limited to proposals program. Employment under this are made not to exceed 3 years, with an approved by the appropriate authority shall not exceed 1 year. option to renew or extend the Administrator. Appointments may be (b) Fifty positions, GS–7 through GS– appointments in increments of 1, 2, or made for initial periods not to exceed 2 11, concerned with advising on 3 years indefinitely thereafter. years and may be extended for up to 2 education policies, practices, and (b)—(c) (Reserved). additional years. Extensions beyond 4 procedures under unusual and (d) Positions of Instructor or years, up to a maximum of 2 additional abnormal conditions. Persons employed professional academic staff at the Air years, may be granted, but only in very under this provision must be bona fide University, associated with courses of rare and unusual circumstances, as elementary school and high school instruction of varying durations, for determined by the Personnel Officer, teachers. Appointments under this employment not to exceed 3 years, Agricultural Research Service, or the authority may be made for a period of which may be renewed for an indefinite Personnel Officer, Forest Service. not to exceed 1 year, and may, with the period thereafter. (2) Not to exceed 55 Executive prior approval of the Office of Personnel (e) One position of Director of Director positions, GM–301–14/15, with Management, be extended for an Development and Alumni Programs, the State Rural Development Councils additional period of 1 year. GS–301–13, with the U.S. Air Force in support of the Presidential Rural Section 213.3221 Corporation for Academy, Colorado. Development Initiative. National and Community Service Section 213.3210 Department of Section 213.3214 Department of (a) Not to exceed 25 positions of Justice Commerce (a) Criminal Investigator (Special Program Specialist at grades GS–9 (a) Bureau of the Census. (1) Agent) positions in the Drug through GS–15 in the Department of the (Reserved). Enforcement Administration. New Executive Director. appointments may be made under this (2) Not to exceed 50 Community (b) Three positions of Program authority only at grades GS–5 through Services Specialist positions at the Specialist at grades GS–7 through GS– 11. Service under the authority may not equivalent of GS–5 through GS–12. 15 in the Department of the Executive exceed 4 years. Appointments made (3) Not to exceed 300 Community Director. under this authority may be converted Awareness Specialist positions at the equivalent of GS–7 through GS–12. Section 213.3227 Department of to career or career-conditional Veterans Affairs appointments under the provisions of Employment under this authority may Executive Order 12230, subject to not exceed December 31, 1992. (a) Not to exceed 800 principal conditions agreed upon between the (b)—(c) (Reserved). investigatory, scientific, professional, Department and OPM. (d) National Telecommunications and and technical positions at grades GS–11 (b) (Reserved). Information Administration. (1) Not to and above in the medical research (c) Not to exceed 400 positions at exceed 10 positions of program. grades GS–5 through 15 assigned to Telecommunications Policy Analysts, (b) Not to exceed 25 Criminal regional task forces established to grades GS–11 through 15. Employment Investigator (Undercover) positions, GS– conduct special investigations to combat under this authority may not exceed 2 1811, in grades 5 through 12, drug trafficking and organized crime. years. conducting undercover investigations in the Veterans Health Administration (d) (Reserved). Section 213.3215 Department of Labor (e) Positions, other than secretarial, supervised by the VA, Office of GS–6 through GS–15, requiring (a) Chairman, two Members, and one Inspector General. Initial appointments knowledge of the bankruptcy process, Alternate Member, Administrative shall be greater than 1 year, but not to on the staff of the offices of United Review Board. exceed 4 years and may be extended States Trustees or the Executive Office (b) (Reserved). indefinitely in 1-year increments. (c) Bureau of International Labor for U.S. Trustees. Section 213.3228 U.S. Information Affairs. (1) Positions in the Office of Agency Section 213.3213 Department of Foreign Relations, which are paid by Agriculture outside funding sources under contracts (a) Voice of America. (1) Not to (a) Foreign Agricultural Service. (1) for specific international labor market exceed 200 positions at grades GS–15 Positions of a project nature involved in technical assistance projects. and below in the Cuba Service. international technical assistance Appointments under this authority may Appointments may not be made under

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Seminar Centers at grades GS–13 and Associate Director, for Natural GS–14. Appointments may be made for Resources, Energy and Science Section 213.3240 National Archives OMB 122 Senior Public Affairs Officer and Records Administration any period up to 3 years and may be extended without prior approval for any to the Associate Director for (a) Executive Director, National individual. Not more than half of the Communications Historical Publications and Records authorized faculty positions at any one OMB 123 Legislative Analyst to the Commission. Executive Seminar Center may be filled Associate Director for Legislative under this authority. Affairs Section 213.3248 National OMB 125 Legislative Assistant to the Aeronautics and Space Administration (b) Twelve positions of faculty members at grades GS–13 through 15, at Associate Director, Legislative (a) Not to exceed 40 positions of the Federal Executive Institute. Initial Affairs Command Pilot, Pilot, and Mission appointments under this authority may OMB 126 Confidential Assistant to the Specialist candidates at grades GS–7 be made for any period up to 3 years Associate Director for National through 15 in the Space Shuttle and may be extended in 1-, 2-, or 3-year Security and International Affairs Astronaut program. Employment under increments indefinitely thereafter. OMB 128 Confidential Assistant to the this authority may not exceed 3 years. Executive Associate Director Schedule C (Grades 5 through 15) OMB 129 Staff Assistant to the Section 213.3264 U.S. Arms Control Associate Director, Legislative and Disarmament Agency Section 213.3303 Executive Office of the President Affairs (a) Twenty-five scientific, OMB 130 Confidential Assistant to the professional, and technical positions at Council of Economic Advisers Associate Director, Education, grades GS–12 through GS–15 when CEA 1 Confidential Assistant to the Income Maintenance, and Labor filled by persons having special Chairman Office of National Drug Control Policy qualifications in the fields of foreign CEA 4 Confidential Assistant to the ONDCP 83 Chief, Press Relations to policy, foreign affairs, arms control, and Chairman the Director, Office of National Drug related fields. Total employment under CEA 5 Administrative Operations Control Policy this authority may not exceed 4 years. Assistant to a Member CEA 6 Administrative Operations ONDCP 86 Confidential Assistant to Section 213.3274 Smithsonian Assistant to a Member the Director Institution ONDCP 87 Confidential Secretary to Council on Environmental Quality the Deputy Director, Office of (a) (Reserved). CEQ 10 Special Assistant to the Chair, National Drug Control Policy (b) Freer Gallery of Art. (1) Not to ONDCP 88 Strategic Analyst (Speech exceed four positions of Oriental Art Council on Environmental Quality CEQ 11 Associate Director for writer) to the Chief of Staff Restoration Specialist at grades GS–9 Communications to the Chair, ONDCP 95 Executive Assistant to the through GS–15. Council on Environmental Quality Deputy Director, Office of National Section 213.3276 Appalachian CEQ 13 Special Assistant to the Chair, Drug Control Policy Regional Commission Council on Environmental Quality ONDCP 96 Deputy Events Manager to the Director, Strategic Affairs (a) Two Program Coordinators. Office of Management and Budget ONDCP 97 Assistant Director, Section 213.3278 Armed Forces OMB 37 Legislative Analyst to the Strategic Planning to the Director, Retirement Home Associate Director for Legislative Strategic Planning Affairs ONDCP 98 Staff Assistant to the Chief (a) Naval Home, Gulfport, Mississippi. OMB 80 Executive Assistant to the of Staff (1) One Resource Management Officer Deputy Director, Office of ONDCP 100 Press Relations Assistant position and one Public Works Officer Management and Budget (Typing) to the Chief of Press position, GS/GM–15 and below. OMB 92 Confidential Assistant to the Relations, Office of Public Affairs Section 213.3282 National Foundation Associate Director for Legislative ONDCP 102 Staff Assistant to the on the Arts and the Humanities Reference and Administration Chief of Staff OMB 97 Confidential Assistant to the ONDCP 103 Staff Assistant to the (a) (Reserved). Administrator, Office of Director, Office of the National Drug (b) National Endowment for the Information and Regulatory Affairs Control Policy Humanities. (1) Professional positions at OMB 102 Special Assistant to the ONDCP 104 Staff Assistant to the grades GS–11 through GS–15 engaged in Director, Office of Management and Director, Office of the National Drug the review, evaluation, and Budget Control Policy administration of grants supporting OMB 107 Senior Public Affairs scholarship, education, and public Specialist to the Director, Office of Office of Science and Technology Policy programs in the humanities, the duties Management and Budget OSTP 18 Special Assistant to the of which require indepth knowledge of OMB 110 Confidential Assistant to the Director, Office of Science and a discipline of the humanities. Executive Associate Director Technology Policy

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OSTP 21 Confidential Assistant to the ST 400 Deputy Assistant Secretary to Secretary, Bureau of Legislative Associate Director Technology the Assistant Secretary, Economic Affairs Division and Business Affairs ST 500 Staff Assistant to the Special OSTP 22 Confidential Assistant to the ST 405 Supervisory Protocol Officer Coordinator for Cyprus Associate Director for Environment (Visits) to the Foreign Affairs ST 502 Senior Advisor to the Deputy OSTP 23 Confidential Assistant to the Officer (Visits) Assistant Secretary, Bureau for Associate Director for National ST 406 Secretary (Typing) to the International Narcotics and Law Security and International Affairs Assistant Secretary, Bureau of Enforcement Affairs OSTP 27 Confidential Assistant to the Economic And Business Affairs ST 508 Deputy Assistant Secretary to Associate Director for Science ST 411 Protocol Officer (Visits) to the the Assistant Secretary, Bureau of OSTP 28 Public Affairs Specialist to Chief, Visits Division International Organizations Affairs the Chief of Staff, Office of the ST 416 Protocol Officer (Visits) to the ST 510 Special Assistant to the Director Supervisory Protocol Officer for Ambassador-at-Large Visits ST 511 Special Assistant to the Legal Office of the United States Trade ST 426 Secretary (Steno) to the Advisor Representative Assistant Secretary, Bureau of ST 512 Special Assistant to the Deputy USTR 56 Confidential Assistant to the Human Rights and Humanitarian Director Deputy U.S. Trade Representative Affairs ST 514 Protocol Officer (Visits) to the USTR 66 Congressional Affairs ST 429 Special Assistant to the Foreign Affairs Officer Specialist to the Assistant U.S. Director, Foreign Service Institute ST 517 Special Assistant to the Under Trade Representative for ST 433 Correspondence Officer to the Secretary for Economics, Business Congressional Affairs Assistant Secretary, Bureau of and Agricultural Affairs USTR 67 Confidential Assistant to the Legislative Affairs ST 519 Special Assistant to the Deputy Chief of Staff ST 451 Special Assistant to the Assistant Secretary, Bureau of USTR 68 Confidential Assistant to the Ambassador-at-Large Public Affairs Deputy U.S. Trade Representative ST 460 Staff Assistant to the Chief of ST 521 Staff Assistant to the Assistant USTR 69 Special Assistant to the Chief Staff Secretary, Bureau of Public Affairs of Staff ST 461 Senior Advisor to the Director, ST 522 Special Assistant to the USTR 70 Deputy Assistant U.S. Trade Policy Planning Staff Assistant Secretary, Bureau of Representative for Congressional ST 465 Special Assistant to the African Affairs Relations to the Deputy U.S. Trade Secretary of State ST 523 Public Affairs Specialist to the Representative ST 467 Foreign Affairs Officer (Visits) Deputy Assistant Secretary, Bureau to the Chief of Protocol of Democracy, Human Rights and Official Residence of the Vice President ST 468 Protocol Officer (Ceremonials) Labor ORVP 1 Special Assistant, Official to the Foreign Affairs Officer ST 524 Special Assistant to the Residence of the Vice President to (Assistant Chief of Protocol for Assistant Secretary, Bureau of the Chief of Staff, Office of Mrs. Ceremonials) African Affairs Gore ST 471 Special Assistant to the Legal ST 525 Staff Assistant to the Deputy Advisor, Office of the Legal Advisor Assistant Secretary for Public President’s Commission on White ST 478 Special Coordinator to the Affairs House Fellowships Deputy Assistant Secretary, Bureau ST 527 Staff Assistant to the Deputy PCWHF 7 Education Director to the of Democracy, Human Rights and Assistant Secretary, Bureau of Director, President’s Commission Labor Administration on White House Fellowships ST 483 Foreign Affairs Officer to the ST 528 Foreign Affairs Officer PCWHF 10 Special Assistant to the Deputy Director, Office of Policy (Ceremonials) to the Deputy Chief Director, President’s Commission Planning of Protocol on White House Fellowships ST 484 Legislative Management ST 529 Deputy Assistant Secretary to Officer to the Assistant Secretary the Assistant Secretary, Bureau of Section 213.3304 Department of State ST 485 Member Policy Planning Staff Democracy, Human Rights and ST 101 Secretary (Steno O/A) to the to the Director Labor Deputy Director ST 491 Policy Advisor to the Assistant ST 530 Special Assistant to the ST 102 Secretary (O/A) to the Under Secretary, Bureau of European and Assistant Secretary, Bureau of Secretary Canadian Affairs Asian and Pacific Affairs ST 103 Confidential Assistant to the ST 492 Senior Advisor to the Assistant ST 531 Staff Assistant to the Senior Assistant Director Secretary, Bureau of South Asian Advisor to the Secretary and White ST 104 Special Assistant to the Under Affairs House Liaison Secretary ST 493 Resources, Plans and Policy ST 533 Staff Assistant to the ST 105 Congressional Affairs Advisor to the Director, Office of Ambassador-at-Large for War Specialist to the Director of Resources, Plans and Policy Crimes Initiatives Congressional Affairs ST 495 Senior Coordinator for ST 534 Special Advisor to the Under ST 220 Special Assistant to the Democracy Coordination to the Secretary for Economic, Business Assistant Secretary, Bureau of Assistant Secretary, Bureau of and Agricultural Affairs Public Affairs Democracy, Human Rights and ST 535 Special Assistant to the ST 329 Staff Assistant to the Deputy Labor Women’s Coordinator Secretary of State ST 497 Legislative Management ST 536 Coordinator, Office of Business ST 359 Legislative Officer to the Officer to the Deputy Assistant Affairs to the Under Secretary for Assistant Secretary, Bureau of Secretary, Bureau of Legislative Economic, Business and Legislative Affairs Affairs Agricultural Affairs ST 399 Confidential Assistant to the ST 498 Legislative Management ST 538 Staff Assistant to the Deputy Secretary of State Officer to the Deputy Assistant Chief of Staff

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ST 539 Foreign Affairs Officer to the ST 565 Public Affairs Specialist to the TREA 372 Special Assistant to the Under Secretary for Global Affairs Deputy Assistant Secretary Assistant Secretary (Financial ST 540 Staff Assistant to the Under ST 566 Public Affairs Specialist to the Markets) Secretary for Management Deputy Assistant Secretary, TREA 373 Senior Advisor for ST 542 Special Assistant to the Deputy Department Spokesman, Bureau of Electronic Commerce to the Under Assistant Secretary, Bureau of Public Affairs Secretary of International Affairs Public Affairs ST 567 Public Affairs Specialist to the TREA 375 Senior Advisor, Public ST 543 Special Assistant to the Deputy Assistant Secretary Affairs to the Director of the U.S. Assistant Secretary, Bureau of ST 568 Public Affairs Specialist to the Mint Population, Refugees and Migration Deputy Assistant Secretary, Bureau TREA 378 Chief of Staff to the Under ST 544 Special Assistant to the Deputy of Public Affairs Secretary for Enforcement Assistant Secretary, Bureau of ST 569 Public Affairs Specialist to the TREA 379 Senior Advisor to the Chief Public Affairs Deputy Assistant Secretary of Staff ST 545 Deputy Assistant Secretary to ST 570 Senior Policy Advisor to the TREA 380 Senior Advisor to the the Assistant Secretary, Bureau of Assistant Secretary, Bureau of Assistant Secretary (Legislative Intelligence and Research Legislative Affairs Affairs and Public Liaison) ST 546 Special Assistant to the TREA 381 Legislative Analyst to the Assistant Secretary, Bureau of United States Section, International Assistant Secretary for Legislative International Narcotics and Law Boundary and Water Commission, Affairs Enforcement Affairs United States and Mexico TREA 384 Special Assistant and ST 547 Special Assistant to the Deputy IBWC 1 Confidential Assistant (OA) to Associate White House Liaison to Assistant Secretary, Bureau of the Commissioner, United States the Chief of Staff International Narcotics and Law Section, International Boundary TREA 387 Enforcement Policy Advisor Enforcement Affairs and Water Commission, United to the Director, Office of Policy ST 548 Member to the Director, Policy States and Mexico Development (Senior Advisor to the and Planning Staff Assistant Secretary (Enforcement) ST 549 Special Advisor to the Deputy Section 213.3305 Department of the TREA 391 Associate Director of Assistant Secretary Treasury Scheduling and Advance to the ST 550 Special Assistant to the Chief TREA 139 Director, Strategic Planning, Director, Strategic Planning, of Protocol Scheduling and Advance to the Scheduling and Advance ST 551 Foreign Affairs Officer to the Chief of Staff TREA 392 Senior Advisor to the Deputy Secretary of State TREA 213 Special Assistant to the Assistant Secretary for Public ST 552 Special Assistant to the Senior Assistant Secretary for Legislative Affairs and Director of Public Advisor Affairs and Public Liaison Affairs Planning ST 553 Special Assistant to the TREA 393 Attorney-Advisor to the Assistant Secretary for International TREA 230 Public Affairs Specialist to the Director, Office of Public Affairs General Counsel Organization Affairs TREA 394 Executive Secretary to the TREA 250 Director, Office of Public ST 554 Legislative Management Chief of Staff Affairs to the Deputy Assistant Officer to the Assistant Secretary, TREA 395 Deputy Executive Secretary Secretary (Public Affairs) Bureau of Legislative Affairs for Policy Coordination to the TREA 254 Deputy Executive Secretary ST 555 Legislative Management Executive Secretary Officer to the Deputy Assistant for Policy Analysis to the Executive TREA 396 Director, Public and Secretary, Bureau of Legislative Secretary Business Liaison to the Deputy Affairs TREA 277 Public Affairs Specialist to Assistant Secretary for Public ST 556 Legislative Management the Assistant Secretary for Public Liaison Officer to the Deputy Assistant Affairs TREA 397 Senior Deputy to the Secretary TREA 316 Public Affairs Specialist Assistant Secretary, Legislative ST 557 Legislative Management and Advisor to the Director, Office Affairs and Public Liaison Officer to the Assistant Secretary, of Public Affairs TREA 398 Senior Advisor to the Bureau of Legislative Affairs TREA 317 Public Affairs Specialist to Assistant Secretary Financial ST 558 Staff Assistant to the Assistant the Director of Public Affairs Markets Secretary, Bureau of Legislative TREA 318 Legislative Analyst to the TREA 400 Special Assistant to the Affairs Director, Office of Legislative Assistant Secretary for Management ST 559 Staff Assistant to the Deputy Affairs and Chief Financial Officer Assistant Secretary, Bureau of TREA 336 Director, Administrative TREA 401 Special Assistant for Legislative Affairs Operations Division to the Deputy Scheduling to the Director, ST 560 Special Advisor to the Deputy Assistant Secretary Scheduling and Advance Assistant Secretary, Bureau of (Administration) TREA 402 Deputy Chief of Staff to the International Narcotics and Law TREA 342 Deputy Treasurer of the Chief of Staff Enforcement United States to the Treasurer of the TREA 403 Special Assistant to the ST 561 Foreign Affairs Officer to the United States Assistant Secretary for Economic Under Secretary for Global Affairs TREA 345 Policy Advisor to the Policy ST 562 Legislative Management Assistant Secretary (Enforcement) TREA 404 Special Assistant to the Officer to the Assistant Secretary, TREA 351 Public Affairs Specialist to Assistant Secretary for Financial Bureau of Legislative Affairs the Director, Office of Public Affairs Institutions ST 563 Foreign Affairs Officer to the TREA 357 Director, Office of Public TREA 405 Special Assistant to the Deputy Director, Office of Policy Correspondence to the Executive Assistant Secretary, Legislative Planning Secretary Affairs and Public Liaison ST 564 Public Affairs Specialist to the TREA 368 Special Assistant to the TREA 406 Director, Public and Deputy Assistant Secretary Deputy Secretary of the Treasury Business Liaison to the Deputy

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Assistant Secretary Public Liaison, DOD 464 Defense Fellow to the DOD 577 Special Assistant to the Office of Legislative Affairs and Special Assistant to the Secretary of Assistant Secretary (Legislative Public Liaison Defense for White House Liaison Affairs) TREA 407 Senior Advisor to the DOD 468 Staff Specialist DOD 578 Personal and Confidential Assistant Secretary (Financial (International) to the Director, Assistant to the Under Secretary of Markets) Defense Information Systems Defense (Policy) TREA 408 Senior Policy Advisor to the Agency DOD 580 Defense Fellow to the Deputy Assistant Secretary for DOD 471 Defense Fellow to the Special Assistant for White House Policy Enforcement Special Assistant for White House Liaison TREA 409 Deputy to the Assistant to the Liaison DOD 581 Staff Specialist to the Special Assistant Secretary Legislative DOD 474 Program Analyst to the Assistant for White House Liaison Affairs and Public Liaison Deputy Under Secretary DOD 582 Defense Fellow to the (Environmental Security) Special Assistant for White House Section 213.3306 Department of DOD 480 Executive Assistant to the Liaison Defense Assistant Secretary of Defense DOD 583 Speech writer to the DOD 24 Chauffeur to the Secretary of (Strategy Requirements and Assistant Secretary of Defense for Defense Resources) Public Affairs DOD 33 Personal Secretary to the DOD 488 Personal and Confidential DOD 588 Public Affairs Specialist to Deputy Secretary of Defense Assistant to the Under Secretary of the Assistant to the Secretary of DOD 75 Chauffeur to the Deputy Defense (Comptroller) Defense for Public Affairs Secretary of Defense DOD 500 Staff Specialist to the Special DOD 595 Confidential Assistant to the DOD 271 Private Secretary to the Assistant for White House Liaison Assistant Secretary for Public Assistant Secretary of Defense DOD 501 Special Assistant to the Affairs (Reserve Affairs) Special Assistant to the Secretary of DOD 601 Staff Assistant to the Special DOD 279 Personal and Confidential Defense for White House Liaison Assistant for White House Liaison Assistant to the Director, DOD 504 Assistant for Antiterrorism DOD 604 Special Assistant for Operational Test and Evaluation Policy and Programs to the Deputy Outreach to the Deputy Under DOD 295 Personal and Confidential Assistant Secretary of Defense Secretary of Defense Assistant to the Under Secretary of (Policy and Missions) (Environmental Security) Defense for Personnel and DOD 508 Defense Fellow to the DOD 605 Defense Fellow to the Readiness Special Assistant for White House Special Assistant for White House DOD 300 Confidential Assistant to the Liaison Liaison DOD 516 Staff Specialist to the Deputy Under Secretary (Acquisition and DOD 606 Defense Fellow to the Under Secretary of Defense for Technology) Special Assistant for White House DOD 319 Confidential Assistant to the Environmental Security DOD 519 Private Secretary to the Liaison Secretary of Defense DOD 607 Staff Specialist to the Assistant Secretary of Defense DOD 321 Executive Assistant to the Assistant to the President/Director, (Regional Security Affairs) Assistant to the Vice President for DOD 534 Confidential Assistant to the White House Office for Women’s National Security Affairs Special Assistant to the Secretary Initiative and Outreach, Office of DOD 332 Personal and Confidential and Deputy Secretary of Defense the Secretary Assistant to the Assistant Secretary DOD 535 Special Assistant to the DOD 609 Private Secretary to the of Defense (Regional Security) Deputy to the Under Secretary of Deputy Secretary of Defense DOD 355 Special Assistant for Defense for Policy Support DOD 610 Special Assistant to the Strategic Modernization to the DOD 545 Public Affairs Specialist to Assistant Secretary for Health Assistant Secretary of Defense the Assistant to the Secretary of Affairs (Legislative Affairs) Defense (Public Affairs) DOD 611 Personal and Confidential DOD 368 Personal and Confidential DOD 552 Special Assistant to the Assistant to the Secretary of Assistant to the Assistant Secretary Assistant Secretary of Defense for Defense of Defense for Legislative Affairs Special Operations/Low Intensity DOD 613 Staff Assistant to the DOD 380 Director of Protocol to the Conflict Secretary of Defense Chief of Staff DOD 555 Confidential Assistant to the DOD 614 Staff Specialist to the Chief DOD 439 Staff Specialist to the Under General Counsel, Department of of Staff to the President Secretary (Acquisition and Defense DOD 615 Special Assistant to the Technology) DOD 559 Confidential Assistant to the Deputy Under Secretary of Defense DOD 440 Personal and Confidential Assistant Secretary of Defense, (Industrial Affairs and Installation) Assistant to the Deputy Under Force Management Policy DOD 617 Staff Specialist to the Secretary of Defense for Acquisition DOD 562 Defense Fellow to the Director, NATO Policy Reform Special Assistant Secretary for DOD 619 Defense Fellow to the DOD 449 Staff Specialist to the White House Liaison Special Assistant for White House Assistant to the Secretary of DOD 564 Program Analyst to the Liaison Defense for Public Affairs Deputy Under Secretary DOD 620 Defense Fellow to the DOD 456 Special Assistant for Family (Environmental Secretary) Special Assistant for White House Advocacy and External Affairs to DOD 566 Personal and Confidential Liaison the Deputy Assistant Secretary of Assistant to the Principal Deputy DOD 621 Defense Fellow to the Defense, (Prisoner of War/Missing Under Secretary of Defense for Special Assistant for White House in Action Affairs) Policy Liaison DOD 459 Public Affairs Specialist to DOD 571 Secretary (OA) to the DOD 623 Defense Fellow to the the Assistant to the Secretary of Inspector General, Department of Special Assistant for White House Defense for Public Affairs Defense Liaison

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DOD 624 Defense Fellow to the DOD 654 Staff Specialist to the Section 213.3308 Department of the Special Assistant for White House Director, Legislative Affairs Navy (DOD) Liaison DOD 655 Staff Specialist to the Special NAV 56 Staff Assistant to the Assistant DOD 628 Defense Fellow to the Assistant to the President/Senior Secretary of the Navy (Financial Special Assistant for White House Director for Intelligence Programs Management) Liaison DOD 657 Director, Cooperative Threat NAV 61 Special Assistant to the DOD 629 Special Assistant to the Reduction to the Assistant Secretary Principal Deputy Secretary of the Assistant Secretary Defense, for Strategy and Threat Reduction Navy (Manpower and Reserve Strategy and Threat Reduction DOD 658 Speech writer to the Affairs) DOD 630 Confidential Assistant to the Assistant Secretary, Public Affairs NAV 62 Attorney Advisor to the Deputy Secretary of Defense DOD 659 Assistant for Anti-Terrorism Principal Deputy General Counsel DOD 631 Staff Specialist to the NAV 64 Staff Assistant to the Under Policy to the Deputy Assistant Director, NATO Policy Secretary of the Navy DOD 632 Director for Communications Secretary (Policy and Missions) NAV 66 Staff Assistant to the Strategy to the Assistant Secretary DOD 660 Staff Specialist to the Special Secretary of the Navy of Defense for Public Affairs Assistant to the Secretary and NAV 67 Staff Assistant to the Assistant DOD 634 Special Assistant to the Deputy Secretary of Defense Secretary of the Navy (Manpower Assistant Secretary of Defense for DOD 661 Defense Fellow to the and Reserve Affairs) Legislative Affairs Special Assistant for White House NAV 68 Special Assistant to the DOD 635 Director of Public Services to Liaison Residence Manager/Social Secretary the Assistant Secretary of Defense DOD 662 Protocol Specialist to the NAV 70 Staff Assistant to the Assistant (Reserve Affairs) Director of Protocol Secretary of the Navy for Research, DOD 636 Civilian Executive Assistant DOD 663 Public Affairs Specialist to Development and Acquisition to the Chairman, Joint Chiefs of the Deputy Assistant Secretary for Section 213.3309 Department of the Staff Communications Air Force (DOD) DOD 638 Speech writer to the DOD 664 International Counterdrug Assistant Secretary for Public AF 2 Confidential Assistant to the Specialist to the Deputy Assistant Under Secretary of the Air Force Affairs Secretary, Drug Enforcement, Policy DOD 639 Staff Specialist to the Deputy AF 5 Secretary (Steno) to the Assistant and Support Assistant Secretary of Defense, Secretary Acquisition (European and NATO Affairs) Section 213.3307 Department of the AF 6 Secretary (Steno) to the Assistant DOD 640 Staff Specialist to the Army (DOD) Secretary (Manpower and Reserve Assistant Secretary (Russia/ Affairs, Installation and ARMY 1 Executive Assistant to the Ukraine/Eurasia) Environment) DOD 641 Foreign Affairs Specialist to Secretary of the Army AF 8 Secretary (Steno/OA) to the the Deputy Assistant Secretary ARMY 2 Personal and Confidential General Counsel of the Air Force AF 22 Secretary (Stenography/OA) to (Asian and Pacific Affairs) Assistant to the Under Secretary of the Assistant to the Vice President DOD 642 Special Assistant to the the Army for National Security Affairs Director, National Partnership for ARMY 5 Secretary (Office Automation) to the Assistant AF 31 Staff Assistant to the Assistant Reinventing Government to the Vice President for National DOD 643 Staff Specialist to the Under Secretary of the Army (Installations, Logistics and Environment) Security Affairs Secretary for Acquisition and AF 39 Secretary (OA) to the Assistant Technology ARMY 17 Secretary (Office Secretary of the Air Force DOD 644 Special Assistant for Health Automation) to the Assistant (Financial Management and Care Policy to the Assistant Secretary of the Army (Civil Works) Comptroller) Secretary of Defense for Legislative ARMY 21 Secretary (Office AF 42 Staff Assistant to the Principal Affairs Automation) to the General Counsel Deputy Assistant Secretary of the DOD 646 Defense Fellow to the of the Army Air Force (Manpower, Reserve Special Assistant for White House ARMY 55 Secretary (Office Affairs, Installations and Liaison Automation) to the Assistant Environment) DOD 647 Special Assistant to the Secretary of the Army (Financial AF 43 Special Advisor for Special Assistant to the Secretary Management) International Affairs to the and Deputy Secretary of Defense ARMY 73 Special Assistant to the Assistant to the Vice President for DOD 648 Personal and Confidential Secretary of the Army National Security Affairs Assistant to the Principal Deputy ARMY 75 Special Assistant (Civilian Under Secretary of Defense for Section 213.3310 Department of Aide Program) to the Executive Acquisition and Technology Justice DOD 649 Confidential Assistant to the Staff Assistant, Office of the Secretary of the Army JUS 25 Confidential Assistant to the Assistant Secretary of Defense for Assistant Attorney General, ARMY 76 Special Assistant to the Health Affairs Criminal Division DOD 650 Speech writer to the Assistant Secretary, Research JUS 38 Secretary (OA) to the United Assistant Secretary for Public Development and Acquisition States Attorney, Northern District of Affairs ARMY 77 Secretary (Office Illinois DOD 651 Defense Fellow to the Automation) to the Assistant JUS 40 Secretary (OA) to the United Special Assistant for White House Secretary of the Army for Research States Attorney, Eastern District of Liaison and Development and Acquisition Michigan DOD 652 Special Assistant to the ARMY 78 Personal and Confidential JUS 75 Secretary (OA) to the United Special Assistant to the Secretary Assistant to the Under Secretary of States Attorney, Northern District of and Deputy Secretary of Defense the Army Texas

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JUS 83 Staff Assistant to the Assistant JUS 330 Attorney to the Deputy INT 172 Special Assistant to the to the Attorney General (Chief Director, Office of Commissioner of Reclamation Scheduler) Intergovernmental Affairs INT 375 Special Assistant to the Chief JUS 97 Assistant to the Attorney JUS 332 Special Assistant to the of Staff General Assistant Attorney General for Civil INT 442 Special Assistant to the JUS 104 Special Assistant to the Rights Director, National Parks Service Assistant Attorney General JUS 344 Counsel to the Attorney INT 450 Special Assistant to the JUS 114 Staff Assistant to the Attorney General Director, United States Fish & General JUS 357 Confidential Assistant to the Wildlife Service JUS 128 Secretary (OA) to the United Deputy Attorney General INT 451 Deputy Director, Office of States Attorney, District of Arizona JUS 360 Deputy Assistant Attorney Insular Affairs to the Director, JUS 133 Staff Assistant to the Assistant General to the Assistant Attorney Office of Insular Affairs to the Attorney General General, Office of Policy INT 463 Special Assistant to the JUS 140 Attorney Advisor to the Development Director of the National Park Assistant Attorney General JUS 361 Special Assistant to the Service JUS 144 Special Assistant to the Director Bureau of Justice Statistics INT 467 Special Assistant to the Solicitor General JUS 383 Staff Assistant to the Attorney Deputy Chief of Staff JUS 148 Special Assistant to the General INT 468 Special Assistant to the Chief Chairman, United States Postal JUS 385 Staff Assistant to the Attorney of Staff Commission General INT 474 Special Assistant for Outreach JUS 150 Special Assistant to the JUS 387 Deputy Director, Office of and Communications to the Assistant Attorney General, Public Affairs to the Director, Office Commissioner, Bureau of Environment and Natural Resources of Public Affairs Reclamation Division JUS 404 Assistant to the Attorney INT 479 Special Assistant to the JUS 166 Counsel to the Attorney General Associate Director for Policy and General JUS 412 Deputy Director, Office of Management Improvement JUS 169 Secretary (OA) to the United Public Affairs to the Director, Office INT 490 Special Assistant (Advance) States Attorney, Middle District of of Public Affairs to the Deputy Chief of Staff Florida JUS 418 Secretary (OA) to the United INT 493 Special Assistant to the JUS 173 Secretary (OA) to the United States Attorney, District of Nebraska Deputy Chief of Staff States Attorney, Western District of JUS 419 Public Affairs Specialist to the INT 502 Special Assistant to the Louisiana United States Attorney, Northern Assistant Secretary for Policy, JUS 184 Special Assistant to the District of Florida Management and Budget Deputy Attorney General JUS 420 Confidential Assistant to the INT 503 Special Assistant to the JUS 198 Special Assistant to the United States Attorney, Eastern Director, Fish and Wildlife Service Assistant Attorney General, District of Pennsylvania INT 505 Special Assistant to the Criminal Division JUS 422 Secretary (OA) to the United JUS 207 Staff Assistant to the Director, States Attorney, Eastern District of Director, National Park Service INT 508 Special Assistant to the Office of Public Affairs Wisconsin JUS 208 Staff Assistant to the Director, JUS 423 Secretary to the United States Deputy Secretary Office of Public Affairs Attorney, District of New Mexico INT 509 Special Assistant to the JUS 209 Confidential Assistant to the JUS 425 Secretary (OA) to the United Director, National Park Service Assistant Attorney General for Civil States Attorney, Middle District of INT 511 Special Assistant to the Rights Division Pennsylvania Deputy Chief of Staff JUS 233 Special Assistant to the JUS 427 Secretary (OA) to the United INT 512 Deputy Director, Office of Assistant Attorney General, Civil States Attorney, District of New Intergovernmental Affairs to the Rights Division Hampshire Deputy Chief of Staff JUS 235 Public Affairs Specialist to the JUS 431 Secretary (OA) to the United INT 513 Special Assistant to the Director of Public Affairs States Attorney, District of Oregon, Director, Office of Surface Mining, JUS 264 Confidential Assistant to the Portland, OR Office of the Director Assistant Attorney General JUS 433 Secretary (OA) to the United INT 514 Special Assistant to the JUS 267 Counsel to the Assistant States Attorney, Middle District of Director, Bureau of Land Attorney General Louisiana Management JUS 270 Special Assistant to the JUS 436 Secretary (OA) to the United INT 515 Special Assistant to the Chief Assistant Attorney General, Civil States Attorney, Middle District of of Staff Rights Division Alabama INT 516 Special Assistant to the Chief JUS 273 Program Manager, Office of JUS 445 Special Assistant to the Biologist Violence Against Women to the Director, Community Relations INT 518 Special Assistant to the Director, Office of Violence Against Service Deputy Director, Bureau Land Women JUS 446 Senior Advisor to the Management JUS 282 Director, Volunteers for Tribal Director, Community Oriented INT 519 Special Assistant to the Youth to the Assistant Attorney Policing Services Assistant Director for External General, Office of Policy JUS 447 Special Assistant to the Affairs, U.S. Fish and Wildlife Development Director, Violence Against Women Service JUS 293 Special Assistant to the Program Officer INT 520 Director of Scheduling and Deputy Attorney General Advance to the Chief of Staff, Office JUS 299 Public Affairs Assistant to the Section 213.3312 Department of the of the Secretary Director, Office of Public Affairs Interior INT 521 Special Assistant and JUS 312 Senior Counsel to the INT 171 Special Assistant to the Counselor to the Assistant Secretary Assistant Attorney General Director of Communication for Indian Affairs

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INT 522 Special Assistant to the AGR 56 Private Secretary to the AGR 270 Director, Office of the Assistant Secretary for Land and Assistant Secretary for Executive Secretariat to the Minerals Management Congressional Relations Secretary of Agriculture INT 523 Chief of Staff to the Deputy AGR 64 Confidential Assistant to the AGR 281 Confidential Assistant to the Secretary Director, Office of Communications, Administrator, Farm Service INT 524 Special Assistant to the Rural Development Agency Director, Bureau of Land AGR 77 Director, Intergovernmental AGR 282 Special Assistant to the Management Affairs to the Assistant Secretary for Administrator, Foreign Agricultural INT 525 Communications Director to Congressional Relations Service the Assistant Secretary for Indian AGR 79 Confidential Assistant to the AGR 285 Confidential Assistant to the Affairs Administrator, Farmers Home Executive Assistant to the Secretary INT 526 Deputy Director to the Administration AGR 286 Confidential Assistant to the Director, Office of Communications AGR 100 Special Assistant for Administrator, Foreign Agricultural Nutrition Education to the INT 527 Special Assistant (Speech Service Administrator, Food and Consumer Writer) to the Director, Office of AGR 293 Special Assistant to the Service Communications Administrator, Foreign Agricultural AGR 114 Confidential Assistant to the INT 528 Special Assistant for Service Assistant Secretary for AGR 294 Confidential Assistant to the Scheduling to the Deputy Director Congressional Relations for External Affairs Administrator, Animal and Plant AGR 118 Confidential Assistant to the Health Inspection Service INT 529 Special Assistant to the Assistant Secretary for Director, Minerals Management AGR 295 Confidential Assistant to the Congressional Relations Assistant Secretary for Service AGR 131 Private Secretary to the INT 531 Attorney Advisor (General) to Congressional Relations Under Secretary for Natural AGR 300 Confidential Assistant to the the Solicitor Resources and Environment Administrator, Farm Service INT 532 Special Assistant to the AGR 157 Director, Legislative Affairs Agency Deputy Chief of Staff Staff to the Administrator, Foreign AGR 301 Confidential Assistant to the INT 533 Deputy Scheduler (Outreach) Agricultural Service Administrator, Food, Nutrition and to the Deputy Chief of Staff AGR 159 Special Assistant to the Consumer Service INT 534 Special Assistant to the Administrator, Foreign Agricultural AGR 303 Staff Assistant to the Chief, Director, Office of Surface Mining Service Natural Resources Conservation INT 535 Special Assistant to the AGR 160 Confidential Assistant to the Service Director, Minerals Management Associate Administrator, Foreign AGR 311 Confidential Assistant to the Service Agricultural Service Administrator, Agricultural AGR 161 Special Assistant to the INT 536 Special Assistant to the Research Service Commissioner, Bureau of Director, Office of Public Affairs AGR 313 Special Assistant to the AGR 162 Confidential Assistant to the Reclamation Administrator, Rural Housing Administrator, Agricultural INT 537 Special Assistant to the Service Marketing Service Director, Office of Congressional AGR 318 Staff Assistant to the and Legislative Affairs AGR 187 Special Assistant to the Administrator for Food and Administrator, Foreign Agricultural INT 538 Special Assistant to the Chief Service of Staff Consumer Service AGR 188 Northeast Area Director to AGR 324 Confidential Assistant to the INT 539 Special Assistant to the White Under Secretary for Rural House Liaison the Deputy Administrator, State and County Operations, Agricultural Development Section 213.3313 Department of Stabilization and Conservation AGR 332 Confidential Assistant to the Agriculture Service Administrator, Rural Business Service AGR 3 Confidential Assistant to the AGR 192 Area Director, South West Area to the Administrator, Farm AGR 336 Confidential Assistant to the Executive Assistant to the Secretary Secretary of Agriculture AGR 5 Confidential Assistant to the Service Agency AGR 205 Confidential Assistant to the AGR 341 Confidential Assistant to the Administrator, Foreign Agricultural Director, Office of Consumer Affairs Manager Service AGR 224 Chief of Staff to the AGR 346 Confidential Assistant to the AGR 32 Confidential Assistant to the Administrator, Risk Management Administrator, Farmers Home Administrator, Agricultural Agency Administration Stabilization and Conservation AGR 231 Director, Office of AGR 348 Director for Public Outreach Service Communications to the Deputy to the Director, Office of AGR 33 Confidential Assistant to the Under Secretary for Rural Communications Administrator, Consolidated Farm Development AGR 352 Confidential Assistant to the Service Agency AGR 258 Confidential Assistant to the Administrator, Food and Nutrition AGR 34 Special Assistant to the Administrator, Foreign Agricultural Service Administrator, Agricultural Service AGR 355 Speech Writer to the Stabilization and Conservation AGR 263 Special Assistant to the Director, Office of Communications Service Chief, Natural Resources AGR 366 Deputy Administrator, Food AGR 35 Staff Assistant to the Conservation Service Stamp Program to the Administrator, Federal Service AGR 267 Special Assistant to the Administrator, Food and Nutrition Agency Director, Office of Communications Service AGR 48 Special Assistant to the AGR 268 Confidential Assistant to the AGR 368 Confidential Assistant to the Administrator, Food and Consumer Administrator, Rural Utilities Manager, Federal Crop Insurance Service Service Corporation

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AGR 369 Confidential Assistant to the Administrator, Community AGR 493 Special Assistant to the Director, Office of Communications Development Administrator, Grain Inspection, AGR 371 Confidential Assistant to the AGR 456 Special Assistant to the Packers and Stockyards Deputy Under Secretary for Policy Administrator, Rural Development/ Administration and Planning Rural Housing Service AGR 495 Staff Assistant to the AGR 377 Confidential Assistant to the AGR 458 Confidential Assistant to the Administrator, Risk Management Deputy Administrator, Rural Deputy Administrator for Agency Business Service Community Development, Rural AGR 496 Confidential Assistant to the AGR 378 Deputy Press Secretary to the Business Service Chief, Natural Resources Director, Office of Communications AGR 459 Confidential Assistant to the Conservation Service AGR 384 Confidential Assistant to the Administrator, Farm Agency AGR 497 Executive Assistant to the Secretary of Agriculture Service Administrator, Rural Housing AGR 386 Special Assistant to the AGR 461 Special Assistant to the Service Director, Empowerment Zone/ Chief, Forest Service AGR 498 Confidential Assistant to the Enterprise Community AGR 462 Special Assistant to the Chief Information Officer, Policy AGR 393 Special Assistant to the Director, Empowerment Zone/ Analysis and Coordination Center Administrator, Rural Business- Enterprise Community AGR 499 Confidential Assistant to the Cooperative Service AGR 465 Confidential Assistant to the Special Assistant to the Secretary AGR 402 Confidential Assistant to the Administrator, Rural Utilities AGR 500 Confidential Assistant to the Director, Office of Communications Service Director, Intergovernmental Affairs AGR 404 Confidential Assistant to the AGR 471 Confidential Assistant to the AGR 501 Confidential Assistant to the Director of Personnel Administrator, Agricultural Director, Office of Civil Rights AGR 413 Special Assistant to the Chief Marketing Service AGR 502 Deputy Press Secretary to the of Natural Resources Conservation AGR 473 Confidential Assistant to the Director, Office of Communications Service Administrator, Farm Service AGR 503 Staff Assistant to the AGR 415 Confidential Assistant to the Agency Executive Director Administrator, Rural Utilities AGR 474 Confidential Assistant to the AGR 504 Confidential Assistant to the Service Deputy Administrator for Special Administrator, Food and Nutrition AGR 417 Confidential Assistant to the Nutrition Programs, Food Consumer Service Administrator, Agricultural Service AGR 506 Confidential Assistant to the Marketing Service AGR 475 Confidential Assistant to the Deputy Administrator for Farm AGR 418 Confidential Assistant to the Administrator, Animal and Plant Programs AGR 507 Confidential Assistant to the Chief, Natural Resources Inspection Service Administrator, Farm Service Conservation Service AGR 477 Special Assistant to the AGR 422 Special Assistant to the Associate Administrator, Rural Agency AGR 508 Staff Assistant to the Administrator, Farm Service Business Service AGR 478 Confidential Assistant to the Confidential Assistant, Office of the Agency Director, Tobacco and Peanuts Secretary AGR 426 Deputy Director, Special Division, Farm Service Agency AGR 509 Regional Director, Outreach Projects to the Director, Office of AGR 479 Special Assistant to the to the Associate Chief, Natural Communications Administrator, Risk Management Resources Conservation Service AGR 427 Confidential Assistant to the Agency AGR 510 Speech Writer to the Deputy Secretary AGR 482 Confidential Assistant to the Director, Office of Communications AGR 428 Confidential Assistant to the Administrator, Rural Utilities AGR 512 Deputy Chief of Staff to the Administrator, Rural Business and Service Chief of Staff Cooperative Development Service AGR 483 Confidential Assistant to the AGR 513 Confidential Assistant to the AGR 435 Confidential Assistant to the Administrator, Rural Business Assistant Secretary for Administrator, Grain Inspection, Service Congressional Relations Packers and Stockyards AGR 485 Special Assistant to the AGR 515 Confidential Assistant to the Administration Administrator, Food and Inspection Deputy Administrator, Office of AGR 436 Confidential Assistant to the Service Community Development Administrator, Rural Utilities AGR 486 Deputy Press Secretary to the AGR 516 Staff Assistant to the Chief, Service Director, Office of Communications Natural Resources Conservation AGR 438 Confidential Assistant to the AGR 487 Confidential Assistant to the Service Chief, Natural Resources Administrator, Farm Service AGR 517 Confidential Assistant to the Conservation Service Agency Administrator, Risk Management AGR 440 Confidential Assistant to the AGR 488 Confidential Assistant to the Agency Administrator, Rural Utilities Administrator, Economic Research AGR 518 Regional Director, Davis, Service Service California to the Administrator, AGR 448 Confidential Assistant to the AGR 489 Confidential Assistant to the Farm Service Agency Deputy Administrator for Chief Financial Officer AGR 519 Staff Assistant to the Community Development, Rural AGR 490 Confidential Assistant to the Administrator, Farm Service Business Service Administrator, Foreign Agricultural Agency AGR 450 Confidential Assistant to the Service AGR 520 Staff Assistant to the Administrator, Agricultural AGR 491 Special Assistant to the Confidential Assistant to the Research Service Administrator, Agricultural Secretary of Agriculture AGR 452 Confidential Assistant to the Marketing Service AGR 521 Staff Assistant to the Deputy Director, Office of Communications AGR 492 Confidential Assistant to the Chief of Staff AGR 455 Director, Community Administrator, Risk Management AGR 522 Special Assistant to the Outreach Division to the Deputy Agency Director, Office of Civil Rights

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AGR 523 Confidential Assistant to the COM 289 Legislative Affairs Specialist COM 425 Director of Public Affairs to Administrator, Agricultural to the Assistant Secretary for the Under Secretary for Research Center Legislative and Intergovernmental International Trade Administration AGR 524 Confidential Assistant to the Affairs COM 437 Senior Advisor to the Administrator, Rural Utilities COM 291 Special Assistant to the Director, Office of Business Liaison Service Director, Office of Public Affairs COM 438 Senior Advisor to the AGR 525 Confidential Assistant to the COM 298 Special Assistant to the Director, Business Liaison Administrator, Farm Services Assistant Secretary for COM 447 Confidential Assistant to the Agency Communications and Information, Chief of Staff AGR 527 Special Assistant to the National Telecommunications and COM 462 Director of Congressional Administrator, Foreign Agricultural Information Administration Affairs to the Assistant Secretary Service COM 308 Special Assistant to the and Commissioner of Patent and AGR 528 Confidential Assistant to the Assistant Secretary for Trade Trademarks Administrator, Farm Service Development COM 467 Confidential Assistant to the Agency COM 312 Special Assistant to the Deputy Chief of Staff for External Section 213.3314 Department of Director General of the U.S. and Affairs Commerce Foreign Commercial Service COM 468 Special Assistant to the Under Secretary for Export COM 3 Senior Advisor to the Chief of COM 326 Confidential Assistant to the Assistant Secretary and Director Administration, Bureau of Export Staff Administration COM 12 Special Assistant to the General, U.S. and Foreign Commercial Service COM 486 Speech writer to the Deputy Secretary Assistant to the Secretary and COM 16 Special Assistant to the COM 327 Special Assistant to the Deputy Secretary of Commerce Director, Office of Policy and General Counsel Strategic Planning COM 17 Special Assistant to the COM 335 Senior Advisor to the Assistant Secretary for Legislative COM 502 Deputy Director of Advance General Counsel to the Director of Advance, Office of COM 70 Director, Office of and Intergovernmental Affairs External Affairs Communications and Congressional COM 342 Senior Advisor to the COM 527 Executive Assistant to the Liaison to the Assistant Secretary Director, White House Liaison Secretary of Commerce COM 345 Senior Advisor to the for Economic Development, COM 530 Senior Advisor to the Under Counselor to the Department, Economic Development Secretary for Technology, International Trade Administration Technology Administration COM 162 Special Assistant to the COM 347 Assistant Director for Public COM 538 Special Assistant to the Assistant Secretary for International Affairs to the Director of Public Deputy Chief of Staff Economic Policy, International Affairs and Press Secretary COM 543 Confidential Assistant to the Trade Administration COM 350 Deputy Director, Office of Director, Office of Public Affairs, COM 163 Confidential Assistant to the Business Liaison to the Director, International Trade Administration Deputy Assistant Secretary Office of Business Liaison COM 165 Director, Office of Business COM 549 Special Assistant to the COM 361 Congressional Affairs Officer Deputy Under Secretary Economic Liaison to the Secretary of to the Associate Director for Commerce Affairs Communications COM 551 Special Assistant to the COM 190 Director, Office of COM 365 Senior Advisor to the Congressional Affairs to the Assistant Secretary for Legislative Director, Minority Business and Intergovernmental Affairs Assistant Secretary for Development Agency Communication and Information COM 560 Senior Policy Advisor to the COM 379 Special Assistant to the Assistant to the Secretary and COM 200 Senior Advisor to the General Counsel Deputy Assistant Secretary for Director, Office of Policy and COM 390 Special Assistant to the Strategic Planning Intergovernmental Affairs Under Secretary for Economic COM 202 Legislative Affairs Specialist COM 561 Special Assistant to the Affairs/Administrator, Economics to the Deputy Assistant Secretary Assistant Secretary and and Statistics Administration for Legislative and Commissioner, Patent and COM 393 Legislative Affairs Specialist Intergovernmental Affairs Trademark Office COM 204 Special Assistant to the to the Assistant Secretary for COM 563 Deputy Director of Chief Scientist, National Oceanic Legislative and Intergovernmental Scheduling to the Deputy Director and Atmospheric Administration Affairs of External Affairs and Director of COM 217 Assistant Director, Office of COM 394 Deputy Director, Office of Scheduling Public Affairs to the Director, Office Public Affairs to the Director, Office COM 570 Senior Policy Advisor to the of Public Affairs and Press of Public Affairs Assistant to the Secretary and Secretary COM 412 Senior Advisor to the Director, Office of Policy and COM 224 Senior Advisor to the Under Assistant Secretary for Trade Strategic Planning Secretary for International Trade Development, International Trade COM 579 Director of Legislative, COM 259 Director of Congressional Administration Intergovernmental and Public Affairs to the Under Secretary for COM 416 Director, Office of Consumer Affairs to the Under Secretary, International Trade, International Affairs to the Secretary of Bureau of Export Administration Trade Administration Commerce COM 583 Special Assistant to the COM 275 Confidential Assistant to the COM 420 Special Assistant to the Chief of Staff Director, Office of Business Liaison Director General of the United COM 585 Chief, Intergovernmental COM 277 Assistant Director for States and Foreign Commercial Affairs to the Director, Office of Communications to the Director of Service, International Trade Sustainable Development and Public Affairs and Press Secretary Administration Intergovernmental Affairs

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COM 592 Special Assistant to the COM 681 Senior Advisor to the Congressional and Assistant Secretary, Trade Assistant Secretary for Market Intergovernmental Affairs Administration Access and Compliance LAB 83 Special Assistant to the COM 601 Director, Office of Public COM 682 Associate Under Secretary Assistant Secretary, Pension and Affairs to the Under Secretary for for Economic Affairs to the Under Welfare Benefits Administration Oceans and Atmosphere, National Secretary for Economic Affairs LAB 93 Special Assistant to the Oceanic and Atmospheric COM 685 Deputy Assistant Secretary Secretary of Labor Administration for Policy and Planning to the LAB 101 Special Assistant to the COM 604 Assistant Director for Assistant to the Secretary and Administrator, Wage and Hour Communications to the Director, Director, Office of Policy and Division, Employment Standards Bureau of the Census Strategic Planning Administration COM 607 Intergovernmental Affairs COM 686 Director of Advance to the LAB 103 Secretary’s Representative, Specialist to the Chief Deputy Chief of Staff for External Boston, MA to the Office of the Intergovernmental Affairs, Office of Affairs Associate Director COM 687 Senior Policy Advisor to the Sustainable Development and LAB 104 Secretary’s Representative to Assistant to the Secretary and Intergovernmental Affairs (NCAA) the Assistant Secretary, Office of Director, Office of Policy and COM 613 Executive Assistant to the Congressional and Strategic Planning Deputy Secretary of Commerce Intergovernmental Affairs COM 688 Confidential Assistant to the LAB 106 Secretary’s Representative, COM 618 Confidential Assistant to the Deputy Chief of Staff for External Director, Executive Secretariat Staff Atlanta, GA to the Director, Office Affairs of Intergovernmental Affairs COM 622 Special Assistant to the COM 689 Confidential Assistant to the Assistant Secretary for Economic LAB 107 Secretary’s Representative, Director of Planning and Chicago, Ill to the Associate Development Administration Scheduling COM 625 Special Assistant to the Director, Congressional and COM 691 Director of Planning and Intergovernmental Affairs Deputy Assistant Secretary for Scheduling to the Deputy Chief of Technology Policy LAB 110 Secretary’s Representative to Staff for External Affairs the Associate Director, COM 631 Special Advisor to the COM 692 Director, Secretariat for Congressional and Director, Oceanic and Atmospheric Electronic Commerce to the Administrator Intergovernmental Affairs Assistant to the Secretary and LAB 111 Secretary’s Representative to COM 644 Special Assistant to the Director, Office of Policy and the Associate Director, Office of Director, Office of Sustainable Strategic Planning Congressional and Development and COM 693 Senior Advisor to the Intergovernmental Affairs Intergovernmental Affairs Director, Office of Sustainable LAB 112 Secretary’s Representative, COM 645 Senior Advisor for Development and Seattle, WA to the Director, Office Communications to the Under Intergovernmental Affairs COM 694 Senior Advisor to the Under of Intergovernmental Affairs Secretary for Export LAB 129 Special Assistant to the Administration, Bureau of Export Secretary for Economic Affairs COM 695 Senior Advisor and Counsel Assistant Secretary for Administration Occupational Safety and Health COM 655 Special Assistant to the to the Director, Office of Policy and Strategic Planning LAB 130 Special Assistant to the Assistant Secretary and Director Executive Secretary General of the U.S. and Foreign COM 696 Senior Advisor to the Assistant Secretary of Commerce LAB 132 Associate Director for Commercial Service, International Congressional Affairs to the Trade Administration and Director General of United States and Foreign Commercial Assistant Secretary for COM 659 Director, Office of White Congressional and House Liaison to the Deputy Chief Service COM 697 Ombudsman to the Under Intergovernmental Affairs of Staff LAB 137 Press Secretary to the COM 664 Special Assistant to the Secretary for Oceans and Atmosphere Assistant Secretary for Public Deputy Assistant Secretary for U.S. Affairs and Foreign Commercial Service Section 213.3315 Department of Labor LAB 139 Special Assistant to the Wage COM 666 Confidential Assistant to the LAB 17 Director of Intergovernmental Hour Administrator Director, Office of Legislative Affairs to the Assistant Secretary for LAB 143 Special Assistant to the Affairs Congressional and Administrator, Employment and COM 668 Deputy Assistant Secretary Intergovernmental Affairs Training Administration for Textiles, Apparel and Consumer LAB 35 Special Assistant to the LAB 145 Intergovernmental Officer to Goods to the Assistant Secretary for Director, Women’s Bureau the Associate Director Trade Development LAB 41 Chief of Staff to the Assistant Intergovernmental Affairs COM 672 Policy Advisor to the Secretary for Congressional and LAB 147 Attorney-Advisor (Labor) Assistant to the Secretary and Intergovernmental Affairs (Counsel to the Solicitor) to the Director, Office of Policy and LAB 43 Special Assistant to the Solicitor of Labor Strategic Planning Assistant Secretary for LAB 150 Staff Assistant to the Director COM 674 Special Assistant to the Occupational Safety and Health of Public Liaison Assistant to the Secretary and LAB 66 Executive Assistant to the LAB 153 Director of Policy to the Director, Office of Policy and Deputy Assistant Secretary, Office Assistant Secretary for Strategic Planning of Federal Contracts Compliance Occupational Safety and Health COM 680 Deputy Press Secretary- Programs, Employment Standards LAB 159 Special Assistant to the Agency Coordination to the Director Administration Deputy Under Secretary for for Communications and Press LAB 76 Special Assistant to the International Affairs, Bureau of Secretary Assistant Secretary for Office of International Labor Affairs

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LAB 160 Director of Scheduling and LAB 244 Special Assistant to the HHS 336 Special Assistant to the Advance to the Chief of Staff Secretary of Labor Deputy Assistant Secretary for LAB 161 Special Assistant to the LAB 248 Special Assistant to the Chief Legislation (Human Services) Secretary (Scheduling) to the of Staff HHS 340 Executive Assistant to the Director of Scheduling and LAB 252 Speech Writer to the Assistant Secretary for Legislation Advance Assistant Secretary for Public HHS 346 Congressional Liaison LAB 164 Director of Communications Affairs Specialist to the Deputy Assistant and Public Information to the LAB 254 Intergovernmental Officer to Secretary for Legislation Assistant Secretary for Employment the Assistant Secretary for (Congressional Liaison) and Training Congressional and HHS 359 Congressional Liaison LAB 170 Special Assistant to the Intergovernmental Affairs Specialist to the Deputy Assistant Deputy Secretary of Labor LAB 260 Special Assistant to the Chief Secretary for Legislation LAB 171 Special Assistant to the of Staff (Congressional Liaison) Secretary of Labor LAB 262 Special Assistant to the HHS 361 Congressional Liaison LAB 175 Special Assistant to the Deputy Assistant Secretary, Office Specialist to the Deputy Assistant White House Liaison of Federal Contract Compliance Secretary for Legislation LAB 177 Special Assistant to the Programs (Congressional Liaison) Secretary of Labor LAB 263 Special Assistant to the HHS 368 Senior Press Officer to the LAB 179 Special Assistant to the Administrator, Wage and Hour Health Care Financing Assistant Secretary, Employment Division Administration Standards Administration LAB 264 Staff Assistant to the HHS 373 Confidential Assistant to the LAB 180 Director, Intergovernmental Administrator, Wage and Hour Executive Secretary Affairs to the Assistant Secretary, Division HHS 395 Special Assistant to the Congressional and LAB 266 Special Assistant to the Director, Office of Community Intergovernmental Affairs Deputy Under Secretary for Services, Administration for LAB 182 Counselor to the Deputy International Labor Affairs Children and Families. Secretary of Labor LAB 267 Special Assistant to the HHS 399 Special Assistant to the LAB 191 Special Assistant to the Executive Secretary Assistant Secretary for Children and Assistant Secretary for Policy LAB 278 Special Assistant to the Families LAB 192 Special Assistant to the Assistant Secretary for HHS 419 Special Assistant to the Assistant Secretary, Pension Administration and Management Secretary of Health and Human Benefits and Welfare LAB 280 Special Assistant to the Services Administration Assistant Secretary for HHS 427 Executive Director, LAB 196 Executive Assistant to the Occupational Safety and Health President’s Committee on Mental Assistant Secretary, Veterans LAB 281 Senior Public Affairs Advisor Retardation to the Assistant Employment and Training to the Assistant Secretary for Public Secretary for Children and Families, LAB 204 Special Assistant to the Affairs Assistant Secretary for Veterans’ LAB 283 Advisor to the Assistant Administration for Children and Employment and Training Secretary for Mine Safety and Families HHS 436 Associate Commissioner for LAB 211 Special Assistant to the Health Director of Scheduling and LAB 285 Chief of Staff to the Assistant Family and Youth Services to the Advance Secretary for Employment and Commissioner, Administration for LAB 212 Special Assistant to the Training Children and Youth Families Assistant Secretary for Policy LAB 287 Director of Communications HHS 487 Confidential Assistant to the LAB 213 Special Assistant to the and Public Information to the Administrator, Health Care Assistant Secretary for Labor Assistant Secretary of Labor Financing Administration LAB 215 Special Assistant to the HHS 489 Special Assistant to the Director, Women’s Bureau Section 213.3316 Department of Assistant Secretary for Children and LAB 217 Associate Director to the Health and Human Services Families Assistant Secretary for HHS 2 Special Assistant to the Chief of HHS 513 Confidential Assistant to the Congressional and Staff Administrator, Health Care Intergovernmental Affairs HHS 14 Special Assistant to the Financing Administration LAB 220 Special Assistant to the Executive Secretary HHS 526 Confidential Assistant to the Assistant Secretary for Public HHS 17 Director of Scheduling to the Executive Associate Administrator, Affairs Chief of Staff, Office of the Health Care Financing LAB 225 Special Assistant to the Secretary Administration Assistant Secretary for Pension and HHS 31 Special Assistant to the HHS 527 Confidential Assistant Welfare Benefits Administration Secretary of Health and Human (Scheduling) to the Director of LAB 230 Special Assistant to the Services Scheduling Assistant Secretary for Public HHS 120 Special Assistant to the HHS 529 Confidential Assistant Affairs General Counsel (Scheduling) to the Director of LAB 235 Associate Director for HHS 293 Special Assistant to the Scheduling and Advance Congressional Affairs to the Commissioner, Administration for HHS 549 Speech Writer to the Director Assistant Secretary for Children, Youth and Families of Speech Writing, Office of the Congressional and HHS 320 Special Assistant to the Deputy Assistant Secretary for Intergovernmental Affairs Assistant Secretary for Planning Public Affairs (Media) LAB 237 Legislative Officer to the and Evaluation HHS 553 Director of Communications Assistant Secretary for HHS 331 Special Assistant to the to the Deputy Assistant Secretary Congressional and Administrator, Health Care for Public Affairs (Policy and Intergovernmental Affairs Financing Administration Strategy)

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HHS 556 Director of Speech Writing to HHS 670 Congressional Liaison EDU 15 Special Assistant to the the Deputy Assistant Secretary for Specialist to the Deputy Assistant Director, White House Initiative on Public Affairs (Media) Secretary for Legislation Hispanic Education HHS 558 Confidential Assistant to the HHS 672 Deputy Director of EDU 17 Confidential Assistant to the Assistant Secretary for Public Scheduling to the Director of Director, Executive Secretariat Affairs Scheduling EDU 18 Special Assistant to the HHS 585 Special Assistant (Speech HHS 673 Senior Advisor to the Deputy Assistant Secretary for Writer) to the Director of Speech Assistant Secretary for Health Regional and Community Services writing HHS 674 Special Assistant to the EDU 19 Director, Intergovernmental HHS 588 Director, Office of Deputy Director, Office of Child and Interagency Affairs Intergovernmental Affairs to the Support Enforcement Coordination to the Deputy Deputy Assistant Secretary for HHS 675 Special Assistant to Principal Assistant Secretary, Policy and External Affairs Deputy Assistant for Aging Intergovernmental and Interagency HHS 589 Speech Writer to the Director HHS 676 Special Assistant to the Affairs Coordination of Speech Writing Administrator, Substance Abuse EDU 20 Steward to the Chief of Staff HHS 590 Confidential Assistant and Mental Health Service EDU 21 Confidential Assistant to the (Advance) to the Director of Administration Chief Financial and Information Scheduling and Advance HHS 677 Special Assistant to the Officer HHS 615 Special Assistant to the Assistant Secretary, Administration EDU 22 Confidential Assistant to the Director of Communications for Aging Special Advisor to the Secretary HHS 625 Special Assistant to the HHS 678 Confidential Assistant to the EDU 23 Special Assistant to the Deputy Assistant Secretary for Deputy Assistant Secretary for Assistant Secretary, Office of Post Public Affairs (Policy and Strategy) Health Secondary Education HHS 632 Special Outreach HHS 679 Confidential Assistant to the EDU 24 Confidential Assistant to the Coordinator to the Assistant Strategic Planning and Policy Deputy Assistant Secretary for Secretary for Public Affairs Coordinator Regional and Community Services HHS 634 Special Assistant to the Section 213.3317 Department of EDU 25 Confidential Assistant to the Deputy Director, Office of Child Education Assistant Secretary, Office of Support Enforcement Postsecondary Education HHS 639 Special Assistant to the EDU 1 Special Assistant to the EDU 27 Confidential Assistant to the Deputy Assistant Secretary for Secretary’s Regional Representative, Deputy Assistant Secretary, Policy and External Affairs Region IX Regional and Community Services, EDU 2 Special Assistant to the HHS 643 Executive Assistant for Office of Intergovernmental and Assistant Secretary, Office of Legislative Projects to the Assistant Interagency Affairs Elementary and Secondary Secretary for Health EDU 28 Confidential Assistant to the Education HHS 644 White House Liaison to the Director, Office of Bilingual EDU 3 Confidential Assistant to the Chief of Staff Education and Minority Languages Deputy Secretary HHS 645 Strategic Planning and Policy EDU 4 Deputy Secretary’s Regional Affairs Coordinator to the Deputy Assistant Representative, Region IV (Atlanta, EDU 29 Special Assistant to the Secretary for Public Affairs (Policy GA) to the Secretary’s Regional Assistant Secretary, Special and Strategy) Representative Education and Rehabilitative HHS 646 Deputy Chief of Staff to the EDU 5 Confidential Assistant to the Services Chief of Staff Special Advisor to the Secretary EDU 30 Director, Scheduling and HHS 657 Executive Director, EDU 6 Confidential Assistant to the Briefing Staff to the Chief of Staff, Presidential Advisory Council on Director, Office of Public Affairs Office of the Secretary HIV/AIDS to the Assistant Secretary EDU 7 Special Assistant to the EDU 31 Director, Congressional Affairs for Public Health and Science Assistant Secretary, Special to the Assistant Secretary, Office of HHS 659 Special Assistant to the Education and Rehabilitative Legislation and Congressional Deputy Secretary Services Affairs HHS 660 Confidential Assistant to the EDU 8 Special Assistant to the EDU 32 Confidential Assistant to the Executive Secretary Assistant Secretary for Chief of Staff HHS 661 Special Assistant to the Postsecondary Education EDU 33 Special Assistant to the Deputy Secretary of Health and EDU 9 Special Assistant to the Deputy Secretary Human Services Counselor to the Secretary EDU 34 Special Assistant to the HHS 665 Deputy Director for Policy to EDU 10 Confidential Assistant to the Commissioner, Rehabilitation the Director of Intergovernmental Assistant Secretary, Office of Service Administration Affairs Postsecondary Education EDU 35 Special Assistant to the HHS 666 Deputy Director for EDU 11 Confidential Assistant to the Deputy Assistant Secretary for Operations to the Director of Assistant Secretary of Office of Intergovernmental and Intergovernmental Affairs Intergovernmental and Interagency Interagency Affairs HHS 667 Confidential Assistant to the Affairs EDU 37 Special Assistant to the Executive Secretary to the EDU 12 Press Secretary to the Director, Assistant Secretary, Office for Civil Department of Health and Human Office of Public Affairs Rights Services EDU 13 Special Assistant to the EDU 39 Special Assistant to the HHS 668 Special Assistant Assistant Secretary, Office of Assistant Secretary, Community Outreach and Liaison Vocational and Adult Education EDU 40 Confidential Assistant to the to the Administrator, Substance EDU 14 Special Assistant to the Assistant Secretary, Office of Abuse and Mental Health Services Assistant Secretary, Office of Elementary and Secondary Administration Postsecondary Education Education

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EDU 42 Special Assistant to the Elementary and Secondary EDU 105 Special Assistant to the Assistant Secretary for Elementary Education Assistant Secretary, Office of and Secondary Education EDU 73 Confidential Assistant to the Vocational and Adult Education EDU 43 Confidential Assistant to the Director, Intergovernmental and EDU 106 Special Assistant to the Deputy Secretary Interagency Coordination Senior Advisor to the Secretary EDU 44 Deputy Assistant Secretary for EDU 74 Special Assistant to the (Director, America Reads Challenge) Intergovernmental and Constituent Deputy Secretary EDU 107 Secretary’s Regional Relations to the Assistant Secretary, EDU 76 Special Assistant to the Representative, Region V, Chicago, Office of Intergovernmental and Assistant Secretary, Office of IL, to the Director, State, Local and Interagency Affairs Postsecondary Education Regional Services Staff EDU 46 Special Assistant to the EDU 78 Special Assistant to the EDU 109 Secretary’s Regional Assistant Secretary, Office of Assistant Secretary, Office of Representative, Region VII, Kansas Vocational and Adult Education Postsecondary Education City, MO, to the Director, of the EDU 47 Confidential Assistant to the EDU 81 Special Assistant to the State, Local and Regional Services Assistant Secretary, Office of Secretary of Education Staff, Office of Intergovernmental Postsecondary Education EDU 82 Deputy Director to the and Interagency Affairs EDU 48 Special Assistant/Chief of Director, Office of Bilingual EDU 110 Secretary’s Regional Staff to the Assistant Secretary, Education and Minority Language Representative, Region II, New Office of Elementary and Secondary Affairs York, NY, to the Deputy Assistant Education EDU 84 Special Assistant to the Secretary for Regional Services EDU 49 Confidential Assistant to the Director Scheduling and Briefing EDU 114 Special Assistant to the Director Scheduling and Briefing Staff Assistant Secretary, Office of Staff EDU 85 Special Assistant to the Elementary and Secondary EDU 50 Special Assistant to the Deputy Secretary Education Director, Office of Public Affairs EDU 86 Deputy Assistant Secretary for EDU 117 Director, Historically Black EDU 51 Director, White House Regional and Community Services Colleges to the Assistant Secretary, Initiatives on Tribal Colleges and and Secretary’s Regional Postsecondary Education Universities to the Assistant Representative, Region III to the EDU 120 Special Assistant to the Secretary, Office of Vocational and Assistant Secretary, Office of Deputy Secretary, Office of the Adult Education Intergovernmental and Interagency Deputy Secretary EDU 52 Special Assistant to the Chief Affairs EDU 122 Deputy Secretary’s Regional of Staff EDU 87 Special Assistant to the Representative Region VI, Dallas, EDU 53 Special Assistant to the Director, Office of Special TX, to the Secretary’s Regional Assistant Secretary, Office of Education Programs Representative Vocational and Adult Education EDU 89 Special Assistant to the EDU 123 Secretary’s Regional EDU 54 Confidential Assistant to the Counselor to the Secretary Representatives Region VI, Dallas, Assistant Secretary for Legislation EDU 90 Special Assistant to the TX, to the Assistant Secretary for and Congressional Affairs Counselor to the Secretary Intergovernmental and Interagency EDU 55 Special Assistant (Special EDU 91 Special Assistant to the Affairs Advisor, HBCU) to the Director, Director, Public Affairs EDU 127 Secretary’s Regional Historically Black Colleges and EDU 92 Deputy Assistant Secretary for Representative, Region I, Boston, Universities Staff Management and Planning to the EDU 56 Special Assistant to the Assistant Secretary for Elementary MA, to the Director, Regional Secretary’s Regional Representative, and Secondary Education Services Team EDU 128 Confidential Assistant to the Region VII EDU 93 Confidential Assistant to the EDU 58 Confidential Assistant to the Director, White House Liaison, Secretary’s Regional Representative, Assistant Secretary, Office of EDU 94 Special Assistant to the San Francisco Intergovernmental and Interagency Assistant Secretary, Office of EDU 130 Confidential Assistant to the Affairs Vocational and Adult Education Assistant Secretary, Office of EDU 59 Special Assistant to the EDU 96 Special Assistant to the Postsecondary Education Assistant Secretary for Director, Scheduling and Briefing, EDU 131 Secretary’s Regional Postsecondary Education Office of the Secretary Representative, Region IX, San EDU 60 Confidential Assistant to the EDU 97 Special Assistant to the Francisco, CA, to the Director, Chief of Staff, Office of the Deputy Assistant Secretary, Office of State, Local and Regional Services Secretary Postsecondary Education Staff, Office of Intergovernmental EDU 65 Special Assistant to the EDU 98 Special Assistant to the and Interagency Affairs Director, Scheduling and Briefing Special Advisor to the Secretary EDU 132 Special Assistant to the EDU 66 Special Assistant to the EDU 101 Deputy Secretary’s Regional Director, Office of Educational Assistant Secretary, Office of Representative to the Secretary’s Technology, Office of the Deputy Special Education and Regional Representative, Region I, Secretary Rehabilitative Services Boston, MA EDU 136 Confidential Assistant to the EDU 67 Special Assistant to the EDU 102 Special Assistant to the Assistant Secretary, Office of Secretary of Education Deputy Secretary Legislation and Congressional EDU 70 Special Assistant to the EDU 103 Secretary’s Regional Affairs Deputy Assistant Secretary, Representative, Region VIII, Denver, EDU 139 Special Assistant to the Regional and Community Service CO, to the Assistant Secretary for General Counsel EDU 71 Executive Assistant to the Intergovernmental and Interagency EDU 140 Liaison for Community and Deputy Secretary of Education Affairs Junior Colleges to the Assistant EDU 72 Special Assistant to the EDU 104 Special Assistant to the Secretary for Vocational and Adult Assistant Secretary, Office of Counselor to the Secretary Education

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EDU 145 Special Assistant to the EDU 220 Special Assistant to the Communications, Education and Assistant Secretary, Office of Director, Office of Public Affairs Public Affairs Elementary and Secondary EDU 223 Special Assistant to the EPA 216 Special Assistant to the Chief Education Deputy Secretary of Staff EDU 146 Special Assistant to the EDU 225 Special Assistant to the EPA 218 Special Assistant to the Assistant Secretary, Office of Special Assistant to the Secretary Associate Administrator, Elementary and Secondary EDU 255 Confidential Assistant to the Congressional and Education Deputy Secretary Intergovernmental Relations EDU 149 Director, White house EDU 256 Special Assistant to the Chief EPA 220 Special Assistant to the Initiative on Hispanic Education to of Staff Associate Administrator for the Assistant Secretary, Office of EDU 299 Special Assistant to the Communications, Education and Intergovernmental and Interagency Director, White House Liaison Media Relations Affairs EDU 332 Confidential Assistant to the EPA 221 Director, Executive EDU 150 Special Assistant to the Special Assistant to the Secretary Secretariat to the Chief of Staff Deputy Assistant Secretary, EDU 340 Deputy Secretary’s Regional EPA 225 White House Liaison to the Intergovernmental and Interagency Representative, Region II, New Chief of Staff Affairs York, NY, to the Secretary’s EPA 226 Special Assistant to the EDU 157 Special Assistant to the Regional Representative Regional Administrator Assistant Secretary, Office of EDU 347 Secretary’s Regional EPA 228 Senior Policy Advisor to the Postsecondary Education Representative, Region X, Seattle, Regional Administrator EDU 161 Confidential Assistant to the WA, to the Director of the State, EPA 229 Senior Policy Advisor to the Assistant Secretary, Office of Local and Regional Services Staff Regional Administrator Elementary and Secondary EDU 356 Deputy Director, Office of EPA 230 Congressional Liaison Education Public Affairs to the Director Office Specialist to the Assistant EDU 164 Special Assistant to the of Public Affairs Administrator for the Office of EDU 374 Confidential Assistant to the Assistant Secretary, Office of Congressional and Director, Scheduling and Briefing Intergovernmental and Interagency Intergovernmental Relations Staff Affairs EPA 231 Deputy Chief of Staff EDU 404 Secretary’s Regional EDU 166 Special Assistant to the (Scheduling) to the Chief of Staff Representative, Region IV, Atlanta, Deputy Assistant Secretary for EPA 232 Press Secretary to the GA, to the Director, State, Local and Regional and Community Services Administrator to the Associate EDU 170 Special Assistant to the Regional Services Staff, Office of Administrator, Office of Deputy Assistant Secretary for Intergovernmental and Interagency Communications, Education and Regional and Community Services Affairs EDU 173 Special Assistant to the EDU 440 Special Assistant to the Media Relations Counselor to the Secretary Assistant Secretary, Office of EPA 233 Senior Advisor to the EDU 174 Special Assistant to the Special Education and Assistant Administrator, Office of Director, Office of Educational Rehabilitative Services Resources and Management Technology EPA 234 Special Assistant to the EDU 176 Confidential Assistant to the Section 213.3318 Environmental Regional Administrator Senior Advisor to Secretary on Protection Agency EPA 235 Deputy Director, Office of Education Reform EPA 171 Congressional Liaison Communications and Governmental EDU 177 Special Assistant to the Specialist to the Director, Relations to the Deputy Regional Deputy Assistant Secretary, for Congressional Liaison Division Administrator, Region Nine Regional and Community Services, EPA 175 Director, Office of the EPA 236 Special Assistant to the Office of Intergovernmental and Executive Secretariat to the Chief of Deputy Administrator Interagency Affairs Staff, Office of the Administrator EPA 237 Congressional Liaison EDU 190 Special Assistant to the EPA 182 Legal Advisor to the Specialist to the Associate Senior Advisor to the Secretary Assistant Administrator for Administrator, Office of (Director, America Reads Challenge) Prevention, Pesticides and Toxic Congressional and EDU 191 Confidential Assistant to the Substances Intergovernmental Affairs Director, Scheduling and Briefing EPA 184 Chief, Policy Counsel to the Section 213.3323 Federal Staff Assistant Administrator, Office of Communications Commission EDU 197 Confidential Assistant to the Water Deputy Assistant Secretary for EPA 187 Counsel to the Assistant FCC 20 Associate Chief, Office of Regional and Community Services Administrator for Air and Radiation Public Affairs to the Chief, Office of EDU 198 Special Assistant to the EPA 188 Legislative Coordinator to the Public Affairs Assistant Secretary, Office of Post Assistant Administrator, Office of FCC 23 Special Assistant for Secondary Education Solid Waste and Emergency Legislative Affairs to the Chairman EDU 203 Special Assistant to the Response FCC 24 Special Assistant to the Chief, Assistant Secretary, Office of EPA 203 Special Assistant to the International Bureau, International Elementary and Secondary Associate Administrator, Office of Bureau Education Regional Operations and State/ FCC 26 Special Assistant (Public EDU 208 Confidential Assistant to the Locale Relations Affairs) to the Chief, Cable Services Assistant Secretary, Office of EPA 205 Senior Advisor to the Bureau Legislation and Congressional Assistant Administrator for the FCC 27 Special Advisor to the Chief, Affairs Office of Policy Planning and Cable Services Bureau EDU 219 Congressional Assistant to Evaluation FCC 28 Special Assistant for Policy the Special Advisor to the Secretary EPA 212 Staff Assistant to the Deputy and Communication to the Chief, (Director, America Challenge) Associate Administrator for Office of Public Affairs

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Section 213.3323 Overseas Private TCOUS 70 Trial Clerk to a Judge International Visitors, Bureau of Investment Corporation TCOUS 73 Trial Clerk to a Judge Educational and Cultural Affairs TCOUS 75 Trial Clerk to a Judge USIA 89 Staff Director, Advisory OPIC 18 Confidential Assistant to the TCOUS 78 Trial Clerk to a Judge President and Chief Executive Board for Cuba Broadcasting to the TCOUS 79 Trial Clerk to a Judge Chairman of the Advisory Board Officer TCOUS 80 Secretary and Confidential OPIC 20 Director, Protocol and Special USIA 93 Program Officer to the Deputy Assistant to a Judge Director, Office of European and Initiatives to the Vice President, TCOUS 82 Secretary and Confidential Investment Development NIS Affairs Assistant to a Judge USIA 99 White House Liaison to the Department Chief of Staff, Office of the Director OPIC 21 Special Assistant to the Section 213.3327 Department of USIA 101 Senior Program Officer to President and Chief Executive Veterans Affairs the Director, New York Foreign Officer VA 72 Special Assistant to the Press Center, New York, NY OPIC 22 Special Assistant to the Principal Deputy Assistant USIA 124 Special Assistant to the Managing Director for Secretary for Congressional Affairs Associate Director for Programs, Congressional and VA 74 Special Assistant to the Bureau of Information Intergovernmental Affairs Secretary of Veterans Affairs USIA 126 Special Assistant to the VA 78 Special Assistant to the Section 213.3325 United States Tax Director, Office of Congressional Assistant Secretary for Finance and Court and Intergovernmental Affairs Information Resources Management USIA 127 Writer to the Director, Office TCOUS 41 Secretary and Confidential VA 79 Special Assistant to the of Policy Assistant to a Judge Assistant Secretary for Human USIA 135 Special Advisor to the TCOUS 42 Secretary and Confidential Resources and Administration Associate Director, Bureau of Assistant to a Judge VA 84 Special Assistant to the Information TCOUS 43 Secretary and Confidential Assistant Secretary for USIA 137 Deputy Director to the Assistant to a Judge Congressional Affairs Director, Office of Arts America TCOUS 44 Secretary and Confidential VA 87 Special Assistant to the USIA 138 Special Assistant for Public Assistant to a Judge Secretary of Veterans Affairs Diplomacy to the Associate TCOUS 45 Secretary and Confidential VA 90 Executive Assistant to the Director, Bureau of Information Assistant to a Judge Deputy Secretary of Veterans USIA 141 Director, Office of Support TCOUS 46 Secretary and Confidential Affairs Services to the Associate Director of Assistant to a Judge VA 92 Special Assistant to the Deputy Secretary of Veterans Affairs the Bureau of Information TCOUS 47 Secretary and Confidential USIA 145 Confidential Assistant to the Assistant to a Judge VA 94 Executive Assistant/Deputy Chief of Staff to the Secretary of Director, Office of Cuba TCOUS 48 Secretary and Confidential Broadcasting Assistant to a Judge Veterans Affairs VA 95 Special Assistant to the USIA 149 Special Assistant to the TCOUS 49 Secretary and Confidential Director, Office of International Assistant to a Judge Secretary of Veterans Affairs VA 96 Special Assistant to the Visitors TCOUS 50 Secretary and Confidential USIA 152 Director, Office of Assistant to a Judge Assistant Secretary for Public and Intergovernmental Affairs Congressional and External Affairs TCOUS 51 Secretary and Confidential to the Director, International Assistant to a Judge VA 97 Special Assistant to the Assistant Secretary for Policy and Broadcasting Bureau TCOUS 52 Secretary and Confidential USIA 153 Senior Advisor to the Assistant to a Judge Planning VA 98 Executive Assistant to the Director, Citizen Exchanges TCOUS 53 Secretary and Confidential Secretary of Veterans Affairs USIA 154 Confidential Assistant to the Assistant to a Judge VA 99 Special Assistant to the Director, Office of Cuba TCOUS 56 Secretary and Confidential Assistant Secretary for Public and Broadcasting Assistant to a Judge Intergovernmental Affairs USIA 156 Public Affairs Officer to the TCOUS 57 Secretary and Confidential Director, Voice of America Assistant to a Judge Section 213.3328 United States USIA 157 Senior Advisor to the TCOUS 58 Secretary and Confidential Information Agency Director, United States Information Assistant to a Judge USIA 12 Special Assistant to the Agency TCOUS 59 Secretary and Confidential Director, Office of Congressional Section 213.3330 Securities and Assistant to a Judge and Intergovernmental Affairs Exchange Commission TCOUS 60 Secretary and Confidential USIA 14 Program Officer to the Assistant to a Judge Associate Director, Bureau of SEC 2 Confidential Assistant to a TCOUS 61 Secretary and Confidential Information Commissioner Assistant to a Judge USIA 33 Media Relations Advisor to SEC 3 Confidential Assistant to a TCOUS 62 Secretary and Confidential the Director, Office of Public Commissioner Assistant to a Judge Liaison SEC 4 Confidential Assistant to the TCOUS 63 Secretary and Confidential USIA 43 Director, Office of Citizen Chief of Staff Assistant to a Judge Exchanges to the Associate Director, SEC 5 Confidential Assistant to a TCOUS 64 Secretary and Confidential Bureau of Educational and Cultural Commissioner Assistant to a Judge Affairs SEC 6 Confidential Assistant to a TCOUS 65 Secretary and Confidential USIA 54 Special Assistant to the Commissioner Assistant to a Judge Director, Office of Citizen SEC 8 Secretary (OA) to the Chief TCOUS 66 Trial Clerk to a Judge Exchanges Accountant TCOUS 67 Trial Clerk to a Judge USIA 67 Chief, Voluntary Visitors SEC 9 Secretary to the General TCOUS 68 Trial Clerk to a Judge Division to the Director, Office of Counsel

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SEC 11 Confidential Assistant to the DOE 654 Confidential Staff Assistant DOE 709 Senior Advisor to the Chairman to the Deputy Director for Small Assistant Secretary for SEC 12 Director of Public Affairs to the and Disadvantaged Business Environment, Safety and Health Chairman Utilization DOE 712 Special Assistant to the SEC 14 Secretary to the Director DOE 655 Special Assistant for Assistant Secretary for Energy SEC 15 Secretary (OA) to the Director, Regulatory Compliance to the Efficiency and Renewable Energy Market Regulation Deputy Assistant Secretary for DOE 713 Staff Assistant (Legal) to the SEC 16 Secretary to the Director Compliance and Program Assistant Secretary for SEC 18 Secretary to the Director, Coordination Environmental Management Investment Management DOE 657 Special Assistant to the DOE 714 Special Assistant for Energy SEC 19 Secretary to the Director, Director, Office of Economic Impact Security and International Issues to Corporate Finance and Diversity the Assistant Secretary for Fossil SEC 24 Secretary to the Chief DOE 658 Director, Office of Natural Energy Economist Gas Policy to the Principal Deputy DOE 716 Briefing Book Coordinator to SEC 28 Confidential Assistant to the Assistant Secretary for Policy the Director, Scheduling and DOE 663 Assistant Director for Energy Chairman Logistics Research (Communications and SEC 29 Secretary to the Deputy DOE 717 Special Assistant to the Development) to the Director, Office Director of Market Regulation Director, Scheduling and Advance SEC 31 Special Assistant to the of Energy Research DOE 665 Special Liaison (Federal DOE 718 Intergovernmental Specialist Director, Office of Investor to the Deputy Assistant Secretary, Education and Assistance Power Marketing Administration) to the Assistant Secretary for Energy Office of Planning, Budget and SEC 32 Public Affairs Specialist to the Policy Director, Office of Public Affairs, Efficiency and Renewable Energy DOE 666 Special Assistant to the DOE 720 Director of Communications Policy Evaluation and Research to the Assistant Secretary for Energy SEC 33 Confidential Assistant to the Director, Press Services Division DOE 667 Special Assistant to the Efficiency and Renewable Energy Director of Public Affairs DOE 722 Special Assistant to the SEC 37 Writer-Editor to the Chairman Assistant Secretary for Energy and Assistant Secretary for Energy SEC 39 Director of Legislative Affairs Renewable Energy Efficiency and Renewable Energy to the Chairman DOE 672 Staff Assistant to the DOE 723 Special Assistant to the SEC 40 Special Advisor to the Assistant Secretary for Policy and Deputy Assistant Secretary for Chairman International Affairs SEC 41 Legislative Affairs Specialist to DOE 676 Confidential Assistant to the Building Technology, State and the Director, Legislative Affairs Assistant Secretary for Community Programs Environmental Management DOE 724 Special Assistant to the Section 213.3331 Department of DOE 679 Special Assistant to the Assistant Secretary for Human Energy Assistant Secretary for Policy and Resources and Administration DOE 439 Special Assistant to the International Affairs DOE 726 Staff Assistant to the Special Director, Public Affairs DOE 680 Staff Assistant to the Chief Assistant and Acting Assistant DOE 587 Staff Assistant to the Financial Officer Secretary of Policy and DOE 681 Special Assistant to the Assistant Secretary for International Affairs Director, Office of Worker and Environmental Safety and Health DOE 729 Staff Assistant to the DOE 591 Staff Assistant to the Deputy Community Transition Director, Office of Scheduling and DOE 682 Senior Advisor to the Assistant Secretary for Building Advance Assistant Secretary for Technologies DOE 730 Confidential Assistant to the Congressional and DOE 602 Senior Staff Advisor to the Director, Office of Economic Impact Intergovernmental Affairs Director, Office of Energy Research and Diversity DOE 684 Program Specialist to the DOE 733 Special Assistant for DOE 603 Special Assistant to the Director, International Policy and Director, Office of Strategic Management Reform to the Analysis Division Secretary of Energy Planning and Analysis DOE 686 Associate Director to the DOE 734 Senior Program Advisor to DOE 610 Staff Assistant to the Director, Office of Nuclear Energy, the Associate Deputy Secretary for Director, Office of Energy Research Science and Technology Field Management DOE 622 Legislative Affairs Specialist DOE 694 Staff Assistant to the to the Deputy Assistant Secretary Director, Office of Budget Planning DOE 735 Confidential Assistant to the for Senate Liaison, Office of and Customer Service Director of Energy Research Congressional and DOE 695 Legislative Affairs Liaison DOE 736 Special Assistant to the Intergovernmental Affairs Officer to the Deputy Assistant Director, Office of Energy Research DOE 625 Staff Assistant to the Secretary for House Liaison DOE 738 Special Assistant to the Associate Deputy Secretary for DOE 699 Special Assistant to the Associate Deputy Secretary for Field Management Assistant Secretary for Energy Field Management DOE 626 Staff Assistant to the Deputy Efficiency and Renewable Energy DOE 739 Special Assistant to the Assistant Secretary for DOE 701 Special Assistant to the Assistant Secretary for Human Transportation Technologies Assistant Secretary for Defense Resources and Administration DOE 631 Special Assistant to the Press Programs DOE 740 Special Assistant to the Secretary, Press Services Division, DOE 702 Special Assistant to the Director, Office of Civilian Office of Public and Consumer Director, Office for Worker and Radioactive Management Affairs Community Transition DOE 741 Special Assistant to the DOE 644 Staff Assistant to the DOE 708 Special Projects Liaison Deputy Assistant Secretary for Assistant Secretary for Efficiency Specialist to the Director, Public Natural Gas and Petroleum and Renewable Energy Affairs Technology

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DOE 742 Deputy Director, Scheduling DOE 771 Special Projects Officer to the SBA 169 Regional Administrator, and Advance to the Director, Director, Office of Public Affairs Region I, Boston, MA, to the Scheduling and Advance DOE 772 Special Projects Officer to the Administrator, Small Business DOE 743 Special Assistant to the Director, Office of Public Affairs Administration Assistant Secretary for Policy and DOE 773 Special Assistant to the SBA 170 Regional Administrator to the International Affairs Principal Deputy Assistant Associate Administrator for Field DOE 745 Special Projects Officer to the Secretary for Environmental Administrations Director, Office of Public Affairs Management SBA 172 Regional Administrator, DOE 747 Deputy Assistant Secretary DOE 774 Special Assistant to the Region VII, Kansas City, MO, to the for Senate Liaison to the Assistant Director of Field Management Administrator, Small Business Secretary for Congressional and DOE 778 Special Assistant to the Administration Intergovernmental Affairs Director of Scheduling and SBA 173 Regional Administrator, DOE 749 Special Assistant to the Advance Region VI, Dallas, TX, to the Project Director, Office of Nonproliferation DOE 779 Special Assistant to the Director for Field Operations and National Security Assistant Secretary for Policy and SBA 174 Regional Administrator, DOE 751 Director, Office of International Affairs Region V, Chicago, IL, to the Scheduling and Advance to the DOE 780 Associate Chief Financial Administrator, Small Business Director Office of Management and Officer for Budget, Planning and Administration Administration Financial Management to the Chief SBA 175 Regional Administrator, DOE 752 Deputy Director to the Financial Management Region IV, Atlanta, GA, to the Director, Office of Public Affairs DOE 781 Staff Assistant to the Administrator, Small Business DOE 753 Senior Program Analyst to Assistant Secretary for Policy and Administrator the Director, Office of Intelligence International Affairs SBA 176 Regional Administrator, DOE 755 Special Assistant to the Region II, New York, NY, to the Director, Office of Human Federal Energy Regulatory Commission Administrator, Small Business Resources FERC 1 Special Assistant to the Administration DOE 756 Senior Policy Advisor to the Director, External Affairs SBA 178 Regional Administrator, Secretary of Energy FERC 2 Confidential Assistant to a Region III, Philadelphia, PA, to the DOE 757 Special Assistant to the Member Administrator, Small Business Director, Office of Advance and FERC 3 Confidential Assistant to a Administration Special Projects Member SBA 182 Assistant Administrator for DOE 758 Special Assistant to the FERC 13 Technical Advisor to a Marketing and Outreach to the Secretary of Energy Member Associate Administrator for DOE 759 Executive Assistant to the FERC 14 Ombudsman to the Director, Communications and Public Secretary of Energy Office of External Affairs Liaison DOE 760 Special Assistant to the FERC 15 Special Assistant to the Chief SBA 188 Regional Administrator, Director, Office of Worker and Information Officer Region IX, San Francisco, CA, to the Community Transition Section 213.3332 Small Business Administrator, Small Business DOE 761 Special Assistant to the Administration Administration Secretary of Energy SBA 189 Regional Administrator, DOE 762 Special Assistant to the SBA 4 Special Assistant to the Deputy Region X, Seattle, WA, to the Secretary of Energy Administrator Administrator, Small Business DOE 763 Special Assistant to the SBA 20 Senior Advisor to the Administration Director, Office of Field Associate Deputy Administrator for SBA 190 Deputy Chief of Staff to the Management Government Contracting and Chief of Staff DOE 764 Special Executive Advisor to Minority Enterprise Development SBA 199 Senior Advisor (Director, the Assistant Secretary for Fossil SBA 30 National Director for Native Welfare to Work Initiative) to the Energy American Outreach to the Associate Associate Deputy Administrator, DOE 765 Senior Advisor for Deputy Administrator for Office of Entrepreneurial Community and Intergovernmental Entrepreneurial Development Development Involvement to the Assistant SBA 35 Senior Advisor to the SBA 200 Senior Advisor to the Secretary for Environmental Associate Deputy Administrator for Associate Administrator for Management Government Contracting and Communications and Public DOE 766 Special Assistant for Minority Enterprise Development Liaison Community Outreach to the SBA 55 Special Assistant to the SBA 201 Deputy Director to the Senior Assistant Secretary for Associate Deputy Administrator for Advisor (Director, Welfare to Work Environment, Safety and Health Management Initiative) DOE 767 Special Assistant to the SBA 100 Special Assistant to the SBA 202 Special Assistant to the Chief Director, Management and Regional Administrator, Dallas of Staff Administration Regional Office SBA 205 Deputy Scheduler to the DOE 768 Executive Assistant to the SBA 116 Senior Advisor to the Chief of Staff Secretary of Energy Associate Deputy Administrator for SBA 206 National Director for DOE 769 Special Assistant to the Government Contracting and Community Outreach to the Director, Management and Minority Enterprise Development. Administrator, Small Business Administration SBA 128 Assistant Administrator for Administration DOE 770 Deputy Assistant Secretary Women’s Business Ownership to SBA 208 Special Assistant to the for House Liaison to the Assistant the Associate Deputy Administrator Senior Advisor to the Associate Secretary for Congressional and SBA 143 Senior Advisor to the Deputy Deputy Administrator of Intergovernmental Affairs Administrator Entrepreneurial Development

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SBA 209 Director of Community GSA 114 Special Assistant to the EXIM 50 Personal and Confidential Empowerment and One Stop Regional Administrator Assistant to the Chairman Capital Shops to the Associate GSA 118 Special Assistant to the EXIM 51 Assistant to the President Deputy Administrator for Regional Administrator, Great Lakes and Chairman, Export Import Bank Entrepreneurial Development Region of the United States SBA 210 Special Assistant to the GSA 130 Special Assistant to the Senior Advisor to the Administrator Regional Administrator, Region 7 Section 213.3343 Farm Credit SBA 211 Speech Writer to the GSA 131 Supervisory External Affairs Administration Associate Administrator for Specialist to the Commissioner, FCA 1 Special Assistant to the Communications and Public Public Buildings Service Chairman Liaison GSA 132 Deputy Regional FCA 8 Secretary of the Board to the SBA 212 Assistant General Counsel to Administrator, Rocky Mountain Chairman and Chief Executive the General Counsel Region (Denver, CO) to the Regional Officer SBA 213 Senior Advisor to the Administrator FCA 11 Special Assistant to the Associate Deputy Administrator for Section 213.3339 U.S. International Member, Farm Credit GS/MED Administration Board SBA 214 Assistant Administrator for Trade Commission FCA 12 Public and Congressional International Trade to the Associate Affairs Specialist to the Director, Deputy Administrator for Capital ITC 3 Staff Assistant (Legal) to the Office of Congressional and Public Access Commissioner Affairs Section 213.3333 Federal Deposit ITC 5 Executive Assistant to the FCA 13 Special Assistant to the Insurance Corporation Commissioner Member ITC 6 Staff Assistant (Economics) to FCA 15 Congressional and Public FDIC 15 Secretary to the Chairman the Commissioner FDOC 16 Confidential Assistant to the Affairs Specialist to the Director of ITC 12 Confidential Assistant to the Deputy to the Chairman Congressional and Public Affairs Commissioner Section 213.3334 Federal Trade ITC 15 Confidential Assistant to the Section 213.3344 Occupational Safety Commission Commissioner and Health Review Commission FTC 2 Director of Public Affairs ITC 17 Attorney-Advisor (General) to OSHRC 3 Confidential Assistant to the (Supervisory Public Affairs the Chairman Member (Commissioner), Specialist) to the Chairman ITC 19 Staff Economist to the Occupational Safety and Health FTC 14 Congressional Liaison Commissioner Review Commission Specialist to the Director of ITC 25 Staff Assistant (Economist) to OSHRC 11 Counsel to the Member Congressional Relations the Commissioner (Commissioner) FTC 22 Secretary (Office Automation) ITC 30 Confidential Assistant to the to the Director, Bureau of Commissioner Section 213.3346 Selective Service Competition ITC 31 Executive Assistant to the System FTC 23 Special Assistant to the Commissioner SSS 16 Special Assistant to the Commissioner ITC 33 Special Assistant (Economics) Director of Selective Service to the Commissioner FTC 24 Special Assistant to the SSS 17 Executive Director to the ITC 36 Confidential Assistant to the Commissioner Director of Selective Service Commissioner Section 213.3337 General Services Section 213.3347 Federal Mediation Section 213.3340 National Archives Administration and Conciliation Service and Records Administration GSA 24 Special Assistant to the FMCS 8 Public Affairs Director to the NARA 3 Presidential Diarist to the Commissioner, Public Buildings Director, Federal Mediation and Archivist of the United States Service Conciliation Service GSA 51 Special Assistant to the Section 213.3341 National Labor Section 213.3348 National Administrator Relations Board GSA 69 Special Assistant to the Aeronautics and Space Administration Associate Administrator for NLRB 1 Confidential Assistant to the NASA 31 Special Assistant to the Congressional and Chairman NASA Administrator Intergovernmental Affairs Section 213.3342 Export-Import Bank NASA 34 Manager, Multimedia GSA 90 Deputy Associate of the United States Administrator to the Associate Relations to the Associate Administrator for Congressional EXIM 3 Administrative Assistant to Administrator for Public Affairs and Intergovernmental Affairs the President and Chairman NASA 38 Writer-Editor to the GSA 94 Senior Policy Advisor to the EXIM 30 Administrative Assistant to Associate Administrator for Public Associate Administrator, Office of the Director Affairs Congressional and EXIM 45 Administrative Assistant to NASA 39 Public Affairs Specialist to Intergovernmental Affairs the Director, a Member of the Bank the Associate Administrator for GSA 95 Deputy Chief of Staff to the Board of Directors Public Affairs Chief of Staff EXIM 46 Special Assistant to the First NASA 41 State Local GSA 102 Special Assistant to the Vice President and Vice Chair Intergovernmental Affairs Specialist Regional Administrator, National EXIM 48 Administrative Assistant to to the Associate Administrator for Capital Region the Director, Member of the Board Policy and Plans GSA 113 Special Assistant to the EXIM 49 Deputy Chief of Staff to the NASA 43 Radio Production Specialist Regional Administrator (Boston, Chief of Staff and Vice President to the Associate Administrator, MA) Congressional and External Affairs Public Affairs

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NASA 44 Program Specialist to the Section 213.3357 National Credit AID 152 Special Assistant to the Special Assistant to the Union Administration Assistant Administrator, Bureau for Administrator NCUA 9 Staff Assistant to the Latin America and the Caribbean NASA 45 Legislative Affairs Specialist Chairman of the Board, National Section 213.3371 Office of to the Associate Administrator for Credit Union Administration Government Ethics Legislative Affairs NCUA 12 Executive Assistant to a NASA 47 Program Analyst to the Board Member OGE 2 Executive Secretary to the Deputy Associate Administrator for NCUA 20 Executive Assistant to a Director, Office of Government External Relations Board Member Ethics NASA 48 Legislative Affairs Specialist NCUA 21 Communications and Section 213.3373 United States Trade to the Associate Administrator for Administrative Specialist to a Board and Development Agency Legislative Affairs Member NCUA 23 Special Assistant to the TDA 1 Special Assistant for Public NASA 49 Staff Assistant to the Affairs and Marketing to the Associate Administrator for Executive Director NCUA 24 Writer-Editor to the Director of the U.S. Trade and Legislative Affairs Chairman Development Agency NASA 50 White House Liaison Officer TDA 2 Congressional Liaison Officer to the NASA Administrator Section 213.3360 Consumer Product to the Director, U.S. Trade and Safety Commission Section 213.3351 Federal Mine Safety Development Agency and Health Review Commission CPSC 49 Office of a Commissioner TDA 3 Special Assistant for Public CPSC 50 Staff Assistant to a Affairs and Marketing to the FM 8 Attorney Advisor to the Commissioner Director, U.S. Trade and Commissioner CPSC 52 Director, Office of Development Agency FM 17 Confidential Assistant to the Information and Public Affairs to Section 213.3376 Appalachian Chairman the Chairman Regional Commission FM 26 Attorney-Advisor (General) to CPSC 53 Special Assistant to the the Chairman Chairman ARC 12 Senior Policy Advisor to the FM 28 Confidential Assistant to the CPSC 55 Executive Assistant to the Federal Co-Chairman Commissioner Chairman ARC 13 Policy Advisor to the Federal CPSC 56 Director, Office of Co-Chairman FM 29 Attorney-Advisor to the Congressional Relations to the Commissioner Chairman Section 213.3377 Equal Employment FM 30 Confidential Assistant to the CPSC 60 Special Assistant to the Opportunity Commission Commissioner Chairman EEOC 2 Special Assistant to the Section 213.3352 Government Printing CPSC 61 Staff Assistant to a Chairwoman Office Commissioner EEOC 9 Attorney-Advisor (Civil CPSC 62 Special Assistant to a Rights) to the Chairwoman GPO 21 Staff Assistant to the Public Commissioner EEOC 13 Confidential Assistant to the Printer CPSC 63 Special Assistant to a Director, Legal Counsel Commissioner EEOC 15 Media Contact Specialist to Section 213.3355 Social Security CPSC 64 Special Assistant (Legal) to a Administration the Director, Office of Commissioner Communications and Legislative SSA 4 Special Assistant to the Chief of Section 213.3367 Federal Maritime Affairs Staff Commission EEOC 31 Attorney-Advisor (Civil SSA 6 Press Officer to the Deputy Rights) to the Chairwoman Commissioner for Communications FMC 5 Counsel to a Commissioner FMC 10 Special Assistant to a EEOC 32 Senior Advisor to a SSA 8 Confidential Assistant to the Commissioner Commissioner Commissioner of Social Security FMC 26 Executive Assistant to the EEOC 36 Attorney Advisor to the SSA 9 Public Affairs Specialist Chairman General Counsel (Speechwriter) to the Deputy FMC 30 Special Assistant to a Section 213.3379 Commodity Futures Commissioner for Communications Commissioner Trading Commission Section 213.3356 Commission on Civil FMC 35 Counsel to a Commissioner FMC 41 Special Advisor to a CFTC 3 Administrative Assistant to a Rights Commissioner Commissioner CCR 1 Special Assistant to the Staff CFTC 4 Administrative Assistant to a Section 213.3368 Agency for Director Commissioner International Development CCR 10 Special Assistant to the Staff CFTC 5 Administrative Assistant to a Director AID 125 Executive Assistant to the Commissioner CCR 12 Special Assistant to the Chief of Staff CFTC 30 General Attorney (Special Commissioner AID 127 Supervisory Public Affairs Counsel) to the General Counsel Specialist to the Director, Office of CFTC 31 Special Assistant to a CCR 14 Deputy General Counsel to the External Affairs Commissioner General Counsel, AID 149 Public Affairs Specialist to CFTC 32 Special Assistant to a CCR 23 Special Assistant to the the Chief, Legislative and Public Commissioner Commissioner Affairs, Public Liaison Division CCR 28 Special Assistant to the AID 151 Congressional Liaison Officer Section 213.3382 National Endowment Commissioner to the Chief of Legislative and for the Arts CCR 30 Special Assistant to the Public Affairs, Congressional NEA 72 Director of Policy, Planning Commissioner Liaison Division and Research to the Chairman

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NEA 76 Executive Secretary to the HUD 390 Legislative Officer to the HUD 528 Director, Intergovernmental Chairman Assistant Secretary for Relations to the Assistant Secretary NEA 77 Director of Public Affairs to Congressional and for Congressional and the Chairman Intergovernmental Relations Intergovernmental Relations NEA 78 Special Assistant to the HUD 412 Executive Assistant to the HUD 529 Intergovernmental Relations Chairman Secretary Assistant to the Deputy Assistant NEA 79 Staff Assistant to the HUD 421 Assistant Director to the Secretary for Congressional and Chairman Director, Executive Secretariat, Intergovernmental Relations HUD 534 Special Assistant for Inter- National Endowment for the Humanities Office of Administration HUD 423 Secretary’s Representative, Faith Community Outreach to the NEH 70 Assistant Director of Rocky Mountain to the Deputy Director, Office of Special Actions Government Affairs to the Director Secretary HUD 541 Director, Corporate and of Governmental Affairs HUD 431 Secretary’s Representative Constituent Outreach to the NEH 71 Director of Governmental (Great Plains) to the Deputy Assistant Secretary for Affairs to the Chief of Staff Secretary Administration NEH 72 Enterprise/Development HUD 436 Advance Coordinator to the HUD 542 Senior Assistant for Officer to the Chief of Staff Director of Scheduling Congressional Relations to the NEH 73 Director, Office of Public HUD 446 Senior Intergovernmental Deputy Assistant Secretary for Affairs to the Chief of Staff Relations Officer to the Deputy Congressional Relations Section 213.3384 Department of Assistant Secretary for HUD 546 Special Assistant to the Housing and Urban Development Intergovernmental Relations Deputy Assistant Secretary for HUD 469 Special Assistant to the Community Empowerment HUD 143 Special Assistant to the Deputy Assistant Secretary for HUD 548 General Deputy Assistant Director, Executive Scheduling Community Empowerment Secretary to the Assistant Secretary HUD 187 Special Assistant to the HUD 478 Special Projects Officer to for Public and Indian Housing Assistant Secretary for Housing, the Senior Advisor to the Secretary HUD 551 Scheduling Assistant to the Federal Housing Commission HUD 482 Special Projects Officer to Director of Executive Scheduling HUD 188 Special Assistant to the the Director, Special Actions Office HUD 552 Deputy Assistant Secretary Assistant Secretary for HUD 483 Special Assistant (Advance/ for Research to the Deputy Assistant Administration Security) to the Director, Executive Secretary for Policy Development HUD 193 Deputy General Counsel for HUD 553 General Deputy Assistant Programs and Regulations to the Scheduling HUD 485 Special Assistant (Advance) Secretary for Public Affairs to the General Counsel Deputy Assistant Secretary for HUD 198 Special Assistant to the to the Director of Executive Services HUD 487 Advance/Security Public Affairs Senior Advisor to the Secretary HUD 555 Staff Assistant to the HUD 211 Assistant for Congressional Coordinator to the Deputy Chief of Staff for Operations Director, Office of Special Programs Relations to the Deputy Assistant HUD 557 Special Assistant to the Secretary for Congressional HUD 492 Special Assistant to the General Deputy Assistant Secretary Deputy Secretary Relations HUD 558 Special Assistant to the for Community Planning and HUD 216 Special Assistant to the Director, Intergovernmental Assistant Secretary for Development HUD 494 Intergovernmental Relations Relations Administration HUD 559 Special Assistant to the Specialist to the Deputy Assistant HUD 231 Deputy Assistant Secretary Secretary’s Representative for Strategic Planning to the Secretary for Intergovernmental HUD 560 Secretary’s Representative- Assistant Secretary for Relations Midwest to the Deputy Secretary, Congressional and HUD 506 Deputy Assistant Secretary Office of the Secretary’s Intergovernmental Relations for Community Empowerment to Representative HUD 272 Deputy Assistant Secretary the Assistant Secretary for HUD 561 Deputy Assistant Secretary for Grant Programs to the Assistant Community Planning and for Public Affairs to the Assistant Secretary for Community Planning Development Secretary for Public Affairs and Development HUD 508 Deputy Chief of Staff for HUD 563 Special Assistant to the HUD 281 Special Administrator to Operations to the Chief of Staff Secretary’s Representative, Regional Administrator HUD 512 Deputy Assistant for California State Office HUD 292 Special Assistant to the Legislation to the Assistant HUD 564 Senior Press Officer to the Deputy Assistant Secretary for Secretary for Congressional and Assistant Secretary for Public Economic Development Intergovernmental Relations Affairs HUD 339 Special Assistant to the HUD 513 Deputy Assistant Secretary HUD 565 Special Advisor to the Secretary’s Representative for Long Range Planning to the Deputy Assistant Secretary for HUD 354 Special Assistant to the Assistant Secretary for Public Policy Development Assistant Secretary for Public and Affairs HUD 568 Briefing Coordinator to the Indian Housing HUD 520 Special Assistant to the Director of Executive Scheduling HUD 363 Special Assistant to the Chief Financial Officer HUD 569 Assistant Deputy Secretary Assistant Secretary for Policy HUD 521 Deputy Assistant Secretary for Field Policy and Management to Development and Research for Public Housing Investments to the Deputy Secretary HUD 373 Special Assistant to the the Assistant Secretary, Public and HUD 570 Deputy Assistant Secretary Deputy Assistant Secretary for Indian Housing for Strategic Planning to the Public Affairs HUD 526 Intergovernmental Relations Assistant Secretary for Public HUD 385 Special Assistant to the Specialist to the Deputy Assistant Affairs Deputy Assistant Secretary for Secretary for Intergovernmental HUD 571 Deputy Assistant Secretary Public Affairs Relations for International Affairs to the

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Assistant Secretary for Policy Section 213.3393 Pension Benefit DOT 242 Deputy Director, Executive Development and Research Guaranty Corporation Secretariat to the Director, HUD 572 Special Assistant (Advance) PBGC 7 Assistant Executive Director Executive Secretariat DOT 265 Special Assistant to the to the Director, Executive Services for Legislative Affairs to the Director, Office of External HUD 573 Special Counsel to the Executive Director General Counsel Communications PBGC 11 Special Assistant to the DOT 274 Special Assistant to the HUD 574 Deputy Assistant Secretary Deputy Executive Director and for Policy, Program and Legislative Associate Director for Media Chief Financial Officer Relations and Special Projects Initiatives to the Assistant Secretary PBGC 14 Special Assistant to the for Public and Indian Housing DOT 279 Associate Director for Deputy Executive Director and Speechwriting and Research to the HUD 575 Special Assistant to the Chief Financial Officer Secretary’s Representative, Assistant to the Secretary and Director of Public Affairs Southeast/Carribean Section 213.3394 Department of Transportation DOT 287 Scheduling/Advance HUD 576 Senior Advisor to the Assistant to the Director for Assistant Secretary for Community DOT 38 Special Assistant to the Scheduling and Advance, Office of Planning and Development Deputy Administrator, National the Secretary HUD 577 Advisor for Management Highway Traffic Safety DOT 293 Associate Director, Office of Reform and Operations to the Administration Intergovernmental and Consumer Assistant Secretary for DOT 69 Director, Office of Public Affairs to the Director, Office of Administration Affairs to the Federal Railroad Intergovernmental Affairs HUD 578 Special Assistant to the Administrator DOT 294 Special Assistant to the Secretary’s Representative, New DOT 70 Special Assistant to the Associate Deputy Secretary England Assistant Secretary for DOT 296 Special Assistant to the HUD 579 Special Assistant to the Governmental Affairs Deputy Administrator, Maritime Assistant Secretary for Policy DOT 100 Chief, Consumer Information Administration Development and Research Division to the Director, Office of DOT 301 Director, Office of Public and Consumer Affairs Intergovernmental Affairs to the Section 213.3389 National Mediation DOT 105 Staff Assistant to the Director Assistant Secretary for Board of External Affairs Governmental Affairs NMB 53 Confidential Assistant to a DOT 112 Policy Advisor to the DOT 315 Director of Board Member Assistant Secretary for Intergovernmental and NMB 54 Confidential Assistant to a Transportation Policy Congressional Affairs to the Board Member DOT 117 Special Assistant to the Administrator, National Highway Secretary of Transportation Traffic Safety Administration Section 213.3391 Office of Personnel DOT 320 Special Assistant to the Management DOT 121 Deputy Director, Office of Congressional Affairs to the Secretary of Transportation OPM 65 Special Assistant to the Director, Office of Congressional DOT 321 Special Projects Director to Director, Office of Congressional Affairs the Administrator, Research and Relations DOT 127 Special Assistant and Chief, Special Programs Administration OPM 80 Deputy Director to the Administrative Operations Staff to DOT 324 Special Assistant for Director of Communications the Assistant Secretary for Budget Scheduling and Advance to the OPM 83 Special Assistant to the and Programs Director for Scheduling and Director, Office of Congressional DOT 129 Special Counsel to the Advance Relations General Counsel DOT 338 Special Assistant to the OPM 86 Deputy Chief of Staff to the DOT 147 Special Assistant to the Federal Highway Administrator, Chief of Staff Assistant to the Secretary and Federal Highway Administration OPM 87 Confidential Assistant to the Director of Public Affairs DOT 342 Special Assistant for Director of Communications DOT 148 Associate Director of Media Scheduling and Advance to the OPM 88 Special Assistant to the Chief Relations and Special Projects to Director for Scheduling and of Staff the Assistant to the Secretary and Advance DOT 351 Special Assistant to the OPM 89 Director of Media Relations/ Director of Public Affairs Deputy Secretary Press Secretary to the Director of DOT 150 Special Assistant to the DOT 355 Director for Drug Communications Administrator, National Highway Enforcement and Program OPM 91 Speech Writer to the Director Traffic Safety Administration Compliance to the Chief of Staff of Communications DOT 151 Special Assistant to the DOT 356 Senior Congressional Liaison OPM 92 Special Assistant to the Secretary of Transportation Officer to the Director, Office of Deputy Director DOT 159 Special Assistant to the Congressional Affairs OPM 93 Special Assistant to the Administrator, Federal Highway DOT 357 Special Assistant for Director of Congressional Relations Administration Scheduling and Advance to the OPM 94 Special Assistant to the DOT 173 Senior Advisor to the Director for Scheduling and Director of Communications Administrator, Federal Railroad Advance Administration DOT 358 Scheduling/Advance Section 213.3392 Federal Labor DOT 226 Director, Office of Relations Authority Assistant to the Director of Congressional and Public Affairs to Scheduling and Advance FLRA 19 Staff Assistant to the Chair the Administrator, Maritime DOT 359 Senior Policy Advisor to the FLRA 22 Director of External Affairs/ Administration Deputy Secretary Special Projects to the Chair, DOT 235 Director for Scheduling and DOT 360 Deputy Assistant Secretary Federal Labor Relations Authority Advance to the Chief of Staff for Budget and Programs to the

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Assistant Secretary for Budget and NTSB 102 Special Assistant to a Executive Assistant to a Board Member Programs Member Director, Congressional and Public DOT 361 Senior Congressional Liaison NTSB 105 Confidential Assistant to Affairs, to the Chairman Officer to the Director, Office of the Chairman Executive Assistant to a Board Member Congressional Affairs NTSB 106 Director, Office of Governmental Affairs to the Section 213.3393 Pension Benefit Section 213.3395 Federal Emergency Director, Office of Government, Guaranty Corporation Management Agency Public and Family Affairs FEMA 53 Deputy Chief of Staff to the NTSB 107 Special Assistant to the Executive Director to the President Director, Federal Emergency Director, Office of Government, Deputy Executive Director and Chief Management Agency Public, and Family Affairs Negotiator to the Executive Director FEMA 55 Assistant to the Director for Deputy Executive Director and Chief Special Events to the Director, Section 213.3397 Federal Housing Finance Board Financial Officer to the Executive Federal Emergency Management Director Agency FHFB 5 Special Assistant to the Senior Advisor to the President FEMA 56 Director of Corporate Affairs Chairman to the Director, Federal Emergency FHFB 6 Counselor to the Chairman Section 213.3333 Federal Deposit Insurance Corporation Management Agency Senior Level Schedule C Positions FEMA 57 Special Assistant for (Above GS–15) Northridge Transition to the Deputy General Counsel to the Chairman Chief of Staff, Office of the Director Section 213.3397 African Development Deputy to the Chairman FEMA 58 Director, Office of Public Foundation Section 213.3305 Department of the Affairs to the Director, Federal Vice President to the President Treasury Emergency Management Agency FEMA 59 Policy Advisor for Section 213.3342 Export-Import Bank Special Assistant to the Commissioner, Congressional and Legislative Senior Advisor to the President and Internal Revenue Service Affairs to the Director, Office of Chairman and Board of Directors Office of Thrift Supervision Congressional and Legislative Vice President for Communications to Affairs the President and Chairman Executive Director, External Affairs to FEMA 61 Advisor for General Counsel to the President and the Director Intergovernmental Affairs to the Chairman Section 213.3357 National Credit Director, Office of Special Counsel to the President and Union Administration Intergovernmental Affairs Chairman Vice President and Counselor to the Section 213.3396 National Executive Assistant to a Board Member President and Chairman Executive Assistant to a Board Member Transportation Safety Board Vice President for Congressional and NTSB 1 Special Assistant to the External Affairs to the President Executive Assistant to the Chairman Chairman and Chairman Director of Community Development NTSB 4 Special Counsel to the Credit Unions to the Board Managing Director Section 213.3382 National Endowment Executive Director to the Board NTSB 30 Confidential Assistant to the for the Arts Authority: 5 U.S.C. 3301 and 3302; E.O. Chairman Executive Director, President’s 10577, 3 CFR 1954–1958 Comp., P.218 NTSB 31 Family and Government Commission on the Arts and Office of Personnel Management. Affairs Specialist to the Director, Humanities Office of Government, Public, and Janice R. Lachance, Family Affairs Section 213.3343 Farm Credit Director. NTSB 92 Special Assistant to the Administration [FR Doc. 99–22916 Filed 9–2–99; 8:45 am] Managing Director Executive Assistant to a Board Member BILLING CODE 6325±01±P

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NUCLEAR REGULATORY Mountain as a repository. Rather, it Nuclear Power Reactor,’’ in plant- COMMISSION reflects NRC’s existing license renewal specific license renewal reviews; (2) the process by reflecting current repository conditions that must be met before an 10 CFR Part 51 activities and policies. If an application applicant may adopt Table S–4; and (3) is filed by the Department of Energy the extent to which the generic effects RIN 3150±AG05 (DOE), the licensing process for a of transporting spent fuel to a HLW Changes to Requirements for repository in the vicinity of Yucca repository should be considered in a Environmental Review for Renewal of Mountain will constitute an entirely plant-specific license renewal review. Nuclear Power Plant Operating separate regulatory action from the After considering the comments Licenses proposed final rule. Furthermore, if, received on the rule, the Commission based on technical or national policy republished the rule in the Federal AGENCY: Nuclear Regulatory considerations, some site other than Register on December 18, 1996 (61 FR Commission. Yucca Mountain is selected in the future 66537). The rule at 10 CFR ACTION: Final Rule. for study as a repository, the NRC will 51.53(c)(3)(ii)(M) continued to require, evaluate the applicability of the generic ‘‘The environmental effects of SUMMARY: The Nuclear Regulatory environmental impact statement for the transportation of fuel and waste shall be Commission (NRC) is amending its license renewal process to other reviewed in accordance with 10 CFR regulations on the environmental proposed repository sites. 51.52.’’ However, in response to information required in applications to EFFECTIVE DATE: October 4, 1999. comments received, the following renew the operating licenses of nuclear requirement was added: power plants. This amendment expands FOR FURTHER INFORMATION CONTACT: the generic findings about the Donald P. Cleary, Office of Nuclear The review of impacts shall also discuss Reactor Regulation, U.S. Nuclear the generic and cumulative impacts environmental impacts due to associated with transportation operation in transportation of fuel and waste to and Regulatory Commission, Washington, the vicinity of a high-level waste repository from a single nuclear power plant. DC 20555–0001, telephone: 301–415– site. The candidate site at Yucca Mountain Specifically, this amendment adds to 3903; e-mail: [email protected]. should be used as a representative site for the findings concerning the cumulative SUPPLEMENTARY INFORMATION: purpose of impact analysis as long as that site environmental impacts of convergence is under consideration for licensing. Background of spent fuel shipments on a single Also in response to the comments, the destination, rather than multiple On June 5, 1996 (61 FR 28467), the Commission stated that: destinations, and the environmental Commission published in the Federal Register a final rule amending its As part of its effort to develop regulatory impact of transportation of higher guidance for this rule, the Commission will enriched and higher burnup spent fuel environmental protection regulations in consider whether further changes to the rule during the renewal term. The effect of 10 CFR part 51 to improve the efficiency are desirable to generically address: (1) the this amendment is to permit the NRC to of the process of environmental review issue of cumulative transportation impacts make a generic finding regarding the for applicants seeking to renew a and (2) the implications that the use of higher impacts so that an analysis of these nuclear power plant operating license burnup fuel have for the conclusions in Table impacts will not have to be repeated for for up to an additional 20 years. The S–4. After consideration of these issues, the rulemaking was based on the analyses Commission will determine whether the each individual license renewal issue of transportation impacts should be application. This action reduces the reported in the final report of NUREG– changed to Category 1.1 regulatory burden on applicants for 1437, ‘‘Generic Environmental Impact In SECY–97–279, titled ‘‘Generic and license renewal by replacing individual Statement for License Renewal of Cumulative Environmental Impacts of plant operating license renewal reviews Nuclear Plants’’ (GEIS) (May 1996). The Transportation of High-Level Waste with a generic review of these topics. rulemaking drew on the considerable (HLW) in the Vicinity of a HLW Also, this amendment incorporates rule experience of operating nuclear power Repository,’’ dated December 3, 1997, language to be consistent with the plants in order to generically assess the NRC staff informed the Commission findings in NUREG–1437, ‘‘Generic many of the environmental impacts, so that it was the staff’s preliminary view Environmental Impact Statement for that repetitive reviews of issues whose that its supplemental analyses of the License Renewal of Nuclear Plants’’ impacts are well understood could be generic and cumulative impacts of the (May 1996), which addresses local minimized. In the statement of transportation of HLW and of the traffic impacts attributable to continued considerations accompanying the final implications of higher burnup fuel for operation of the nuclear power plant rule, the Commission stated that before transportation impacts support a during the license renewal term. the final rule became effective, the reasonable technical and legal In analyzing the environmental Commission was seeking comments on determination that transportation of impact of transporting spent fuel and the treatment of low-level waste (LLW) HLW is a Category 1 issue and may be waste in the vicinity of a single storage and disposal impacts, the generically adopted in a license renewal repository, the NRC evaluated the cumulative radiological effects from the application. In a Staff Requirements impact in the vicinity of Yucca uranium fuel cycle, and the effects from Memorandum (SRM) dated January 13, Mountain and specifically the impacts the disposal of high-level waste (HLW) in the vicinity of Las Vegas, NV. The and spent fuel. In response to the June 1 In NUREG–1437 and in the rule, Category 1 NRC elected to evaluate the impacts in 5, 1996, final rule, a number of issues are those environmental issues for which the the vicinity of Yucca Mountain because commentors stated that the analysis and findings have been determined to be applicable to all nuclear power plants or to plants Yucca Mountain is the only location requirements for the review of with specific types of cooling systems or other currently being evaluated for a transportation of HLW in the rule were common plant or site characteristics. Absent new repository under the Nuclear Waste unclear with respect to (1) the use and information that significantly changes the finding, Policy Act. The NRC’s analysis of the legal status of 10 CFR 51.52, ‘‘Table S– these generic findings may be adopted in plant license renewal reviews. Category 2 issues are those impacts in the vicinity of Yucca 4— Environmental Impact of that analysis has shown that one or more of the Mountain in this instance does not Transportation of Fuel and Waste To criteria of Category 1 cannot be met and, therefore, prejudge the eventual licensing of Yucca and From One Light-Water-Cooled additional plant-specific review is required.

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1998, the Commission directed the NRC Discussion discuss the generic and cumulative staff to proceed with rulemaking to Relationship of This Rulemaking to impacts associated with transportation amend 10 CFR 51.53(c)(3)(ii)(M) to Repository Licensing in the vicinity of the candidate HLW categorize the impacts of transportation repository site at Yucca Mountain (see of HLW as a Category 1 issue. In a The NRC is promulgating this rule in 10 CFR 51.53(c)(3)(ii)(M)). The NRC memorandum dated July 1, 1998, the order to meet its National staff has performed a generic assessment Environmental Policy Act (NEPA) NRC staff informed the Commission of of these cumulative impacts, which is responsibilities to consider the its plans for amending 10 CFR part 51. reported in NUREG–1437, Vol. 1, environmental impact of its license In that memorandum the NRC staff renewal decisions. In 1996 (61 FR 28467 Addendum 1. The analysis focused on also proposed, as an administrative and 61 FR 66537), the NRC published a Clark County, Nevada because it amendment, to address local traffic rule that codified conclusions regarding represents the area with the largest impacts attributable to continued the environmental impacts of license population in the vicinity of the operation of the plant during the license renewal (see 10 CFR part 51, Appendix potential repository. The final rule renewal term. This issue was identified B to subpart A). The amendment issued codifies the conclusions of this analysis as a Category 2 issue in NUREG–1437, in the present Notice constitutes a in 10 CFR Part 51. In addition, the NRC Section 4.7.3.2 and the overall issue of relatively small addition to those staff has generically considered the transportation was designated as previously published conclusions. In potential impacts of transporting higher Category 2 in the rule (see 10 CFR Part particular, as discussed above, this enriched and higher burnup fuel than is 51, Subpart A, Appendix B, Table B–1, amendment ensures among other things currently covered in 10 CFR 51.52 and ‘‘Public Services, Transportation’’). that the NRC has considered the likely is codifying these findings with this However, the specific issue of local impacts of transporting spent fuel final rule. That assessment concludes transportation impacts during the generated during the license renewal that the impacts of transporting fuel and renewal term was inadvertently omitted period over a single transportation waste generated during the license from 10 CFR 51.53(c)(3)(ii)(J) and its corridor in the vicinity of a waste renewal period are small and are inclusion in Table B–1 is not explicitly repository. consistent with the impacts of the Because the Yucca Mountain site in stated. The basic transportation concern values in Table S–4 of the Commission’s identified in NUREG–1437 is the Nevada currently represents the most regulations (§ 51.52). Under the potential adverse contribution of a likely candidate for a repository, the Commission’s regulations for the larger plant work force to traffic flow in NRC has used that site as a the vicinity of the power plant. representative site for its analysis in lieu environmental review of license of considering transportation to an renewal decisions (see 10 CFR part 51, To address the above issues, the subpart A, appendix B), the Commission Commission issued proposed unspecified, hypothetical site. The decision to use Yucca Mountain for the may reach a conclusion of ‘‘small’’ amendments to 10 CFR part 51 on purposes of the current analysis, impact for a particular issue if the: February 26, 1999 (64 FR 9884), and however, in no way increases or provided a public comment period of 60 ** * environmental effects are not decreases the likelihood that Yucca days. The supplemental analysis, which detectable or are so minor that they will Mountain will in fact be licensed as a supports this rule, is reported in neither destabilize nor noticeably alter any repository for the nation’s high level NUREG–1437, Vol. 1, Addendum 1, important attribute of the resource. For the waste. Instead, it simply provides the ‘‘Generic Environmental Impact purposes of assessing radiological impacts, NRC with the information it needs to Statement for License Renewal of the Commission has concluded that those gauge the potential impacts from Nuclear Plants: Main Report Section impacts that do not exceed permissible levels licensing nuclear power plants for an 6.3—‘Transportation,’ Table 9.1 in the Commission’s regulations are additional 20 year period. If an ‘Summary of findings on NEPA issues considered small as the term is used in this application is filed by the Department of for license renewal of nuclear power table. Energy (DOE), the licensing process for plants,’ Final Report.’’ The draft for a repository in the vicinity of Yucca The final rule amends the issue of comment was published in February Mountain will constitute an entirely transportation of fuel and waste from 1999 and the final report is expected to separate regulatory action from this final Category 2 to Category 1. In order to be published in August 1999. rule. Any NRC decision on a repository reach this Category 1 conclusion on an The public comment period closed on license will be accompanied by separate issue and thus not require site specific April 27, 1999. Extensive public safety and environmental analyses that analysis of the issue pursuant to comments were received, including will include a thorough examination of § 51.53(c)(3)(i), the Commission has concerns by some commentors about the the environmental impacts stemming made the following findings in length of the comment period. Although from the construction and operation of accordance with the definitions set out the NRC did not extend the public the repository. If the analyses prepared in 10 CFR Part 51, Subpart A, Appendix comment period, the NRC staff did for the repository licensing decision B: consider comments dated as late as June yield results that are inconsistent with (1) The environmental impacts 25, 1999, and received as late as early those reached in the present notice, it is July 1999. The NRC staff’s responses to likely that the NRC will have to amend associated with the issue have been the comments are provided below. As the conclusions in Table B–1 of Part 51 determined to apply either to all plants explained in more detail below, the to conform with the new findings. or, for some issues, to plants having a comments have led to both the use of specific type of cooling system or other more conservative assumptions in the Amendments to the Rule specified plant or site characteristic; analysis reported in Addendum 1 and a The current regulations require each (2) A single significance level, in this fuller explanation of the analysis. The applicant for license renewal to review case ‘‘small’’ has been assigned to the regulatory text has been edited for the environmental effects of impacts (except for collective off site clarification but there is no material transportation of fuel and waste in radiological impacts from the fuel cycle change from the proposed rule. accordance with 10 CFR 51.52, and to

VerDate 18-JUN-99 16:13 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\03SER2.XXX pfrm01 PsN: 03SER2 48498 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations and from high level waste and spent natural resource use and effluents to the submitted extensive comments that fuel disposal 2); and environment for the uranium fuel cycle, focused on concerns with the scope and (3) Mitigation of adverse impacts from mining to ultimate disposal of thoroughness of the supporting analysis associated with the issue has been spent fuel. The discussion of the in Addendum 1, including the lack of considered in the analysis, and it has implications for the environmental consideration of the proposed Private been determined that additional plant- impact data reported in Table S–4 was Fuel Storage Facility at Skull Valley, specific mitigation measures are likely not repeated or referenced in Section Utah. Industry comments focused on not to be sufficiently beneficial to 6.3, which addresses the incremental clarifications in the rule language. impacts of license renewal on the warrant implementation. The written comments have been As a result of this Category 1 finding, transportation of fuel and waste to and summarized and grouped into issue neither applicants nor the NRC staff will from nuclear power plants. Addendum categories. As a result of the NRC staff’s need to prepare a separate analysis of 1 and this final rule clarify the NRC review of all written comments, some the issue for individual license renewal findings on the sensitivity of values in modifications and clarifications have applications as long as no new and Table S–4 to the use of higher been incorporated into Addendum 1— significant information exists. The enrichment fuel and higher burnup fuel notably, the use of more conservative analysis in NUREG–1437, Vol. 1, presently in use. The analysis concludes Addendum 1 which forms the technical that shipment of higher enriched or assumptions in the analyses and a fuller basis for the rulemaking, relies on a higher burnup fuel results in impacts explanation of those analyses. In series of conservative assumptions. As consistent with the impacts in Table S– addition, the rule language has been such, the results of the analysis 4, 10 CFR 51.52. It should be noted that edited for clarification. The NRC staff overestimate the environmental impacts cask designs used to transport or store has also prepared responses, given of spent fuel shipments converging on higher enriched fuel and higher burnup below, to the issues raised by the one location, such as Yucca Mountain. fuel require specific NRC review and commentors. Although the NRC staff has assessed approval. Issue 1—Public Notice these impacts as if Yucca Mountain In the course of preparing the final would be the only HLW repository, the rule, several non-substantive changes to Comment: The titles of the notices NRC staff believes that the impacts the wording and organization of the published in the Federal Register were calculated for Yucca Mountain bound regulatory text were made in order to inaccurate and misleading because they the impacts that would be experienced maintain the rule’s internal consistency. do not clearly indicate the subject for a site other than Yucca Mountain. It First, the content of the proposed matter of the proposed rule and is unlikely that any other repository site language in § 51.53(c)(3)(ii)(J) regarding Addendum 1 that addresses would have an exposed population local transportation impacts in the transportation of spent nuclear fuel. greater than that assumed for Las Vegas vicinity of the licensed plant was also placed into Table B–1 under ‘‘Public Response: The NRC believes that the and it is unlikely that spent-fuel titles properly reflect the regulatory shipments from all points of origin Services, Transportation’’ under the Socioeconomics section of the Table. action being taken. As required by NRC converge on and are transported through 3 Similarly, the proposed language in regulations, a notice of the proposed one metropolitan area. If an alternative rule and a Notice of Availability of to a high level waste repository at Yucca § 51.53(c)(3)(ii)(M) has not been included in the final rule because the Addendum 1 were published in the Mountain is considered in the future, Federal Register (64 FR 9884 and 64 FR the NRC may need to determine matters covered by § 51.53(c)(3)(ii) only apply to Category 2 issues and, as such, 9889, February 26, 1999). While the whether such an alternative includes notice’s title did not include the specific new and significant information that the inclusion of matters related to a Category 1 issue in that section would term ‘‘transportation,’’ the titles define may change the regulatory outcome. the subject matter of the regulation to be In addition to considering the not have been appropriate. Instead, the affected; the title of the proposed rule is cumulative impacts of transportation in content of the language that had been ‘‘Changes to Requirements for the vicinity of a repository, the NRC also proposed for § 51.53(c)(3)(ii)(M) is Environmental Review for Renewal of considered whether use of higher adequately covered by the amended Nuclear Power Plant Operating burnup or higher enriched fuel that is entry in Table B–1 itself under the issue Licenses.’’ The title of the Notice of shipped to a repository results in of ‘‘Transportation’’ in the Uranium Availability is ‘‘Changes to impacts consistent with the NRC Fuel Cycle and Waste Management Requirements for Environmental Review regulations (§ 51.52,‘Table S–4— section. for Renewal of Nuclear Power Plant Environmental Impact of Transportation Response to Comments Operating Licenses, Availability of of Fuel and Waste To and From One Thirty-one comment letters were Supplemental Environmental Impact Light-Water-Cooled Nuclear Power received on the proposed rule from Statement.’’ Addendum 1 supplements Reactor’). The environmental power reactor licensees, State and local consequences of incremental increases specific sections of NUREG–1437, Government agencies, the nuclear Generic Environmental Impact in the burnup of fuel and the associated power industry and its legal affiliations, use of higher enrichment fuel are Statement for License Renewal of a public interest group, and an Nuclear Plants (May 1996). This limited discussed in Section 6.2.3 of NUREG– individual. Most of the comments were 1437. Section 6.2.3 addresses the function is indicated by the title of from the State of Nevada, Clark and Nye Addendum 1, Generic Environmental sensitivity of the data presented in Counties, Nevada, and local government Table S–3 and Table S–4 to the growing Impact Statement for License Renewal entities in Nevada. These comments of Nuclear Plants: Main Report Section use of higher enriched fuel and higher focused on the NRC not involving fuel burnup. Table S–3 summarizes 6.3—‘‘Transportation,’’ Table 9.1 Nevada in scoping and designing the ‘‘Summary of findings on NEPA issues study in Addendum 1 and on perceived 2 This exception only applies to the two entries in Table B–1 labeled ‘‘Offsite radiological impacts deficiencies in the scope and 3 10 CFR 2.804, ‘‘Notice of proposed rulemaking’’ (collective effects)’’ and ‘‘Offsite radiological thoroughness of the analysis in the and 10 CFR 51.117, ‘‘Draft environmental impact impacts (spent fuel and high level waste disposal). Addendum. The State of Utah also statement’notice of availability.’’

VerDate 18-JUN-99 16:04 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\03SER2.XXX pfrm01 PsN: 03SER2 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48499 for license renewal of nuclear power incorporate in a license renewal review Yucca Mountain site so they can plants,’’ Draft Report for Comment. of plants that may use fuel enriched up appropriately consider the information The rule change and the supporting to 5 percent and potentially ship spent in any future prelicensing activities Addendum 1 affect only the plant- fuel with a burnup of up to 62,000 involving Yucca Mountain. Specific to specific environmental analysis MWd/MTU? the current rule, the demographic data required to be submitted in the The amendment has no direct used as inputs to the RADTRAN Environmental Report of an applicant regulatory impact on any entity within computer code, which was used to for the renewal of a nuclear power plant Nevada. The selection of Yucca generate the impact analysis in operating license and the plant-specific Mountain for the generic evaluation of Addendum 1 were more current than supplemental environmental impact transportation impacts was made data used in many of the studies cited statement prepared by the NRC. Even because that site is currently the only by the commentors. though the analysis in Addendum 1 one under consideration for a high- Comment: NRC failed to consult the focuses on spent-fuel shipments level-waste (HLW) repository. Before full spectrum of transportation mode converging on the proposed repository HLW is actually transported to Yucca and route scenarios. at Yucca Mountain, Nevada, that Mountain, Nevada, the State, local Response: The purpose of this rule analysis and the resulting rule affect Governments, Indian Tribes, and the and associated analysis is to reach only the review requirements for public have the opportunity to provide conclusions regarding the likely renewal of an individual nuclear power input on site-specific transportation environmental impact of license plant operating license. It is not impacts by commenting on DOE’s draft renewal. As noted above, this intended that Addendum 1 or the EIS for the proposed repository at the amendment is an addition to generic revised rule support any other Yucca Mountain site, which was made assessments of license renewal regulatory decision by the NRC. available for a 180-day comment period environmental impacts already codified beginning on August 13, 1999 (http:// in the Commission’s regulations at 10 Issue 2—Communications www.ynp.gov). CFR part 51, subpart A, appendix B. It Comment: NRC failed to consult with Also, the need for and scope of the is not an environmental impact Nevada State agencies, Nevada local current rule amendment were identified statement for a repository at Yucca governments, and with Nevada Indian within the context of a preceding Mountain for which DOE is responsible Tribes. rulemaking that specified the plant- and, as such, does not delve into the Response: As discussed above, a specific content of the environmental expansive range of different variety of organizations and government review of applications for the renewal of transportation modes and route agencies submitted substantive individual nuclear power plant scenarios that would be considered in comments in response to the proposed operating licenses. The previous final the context of a decision on Yucca rule. The NRC has considered these rule was published in the Federal Mountain as the possible site for the comments and, in many cases, altered Register first on June 5, 1996 (61 FR facility itself. Instead, the NRC has its analysis as a result of this input. 28467), and again with minor sought to determine a conservative Prior to issuance of the proposed rule modifications on December 18, 1996 (61 estimate of the likely impacts from for comment, however, the NRC did not FR 66537). The Commission stated in transporting fuel and waste generated, seek any pre-publication input from the December Federal Register notice, during the license renewal term, in the Nevada state agencies, Nevada local ‘‘as part of its efforts to develop vicinity of a potential repository. In Governments, and Nevada Indian Tribes regulatory guidance for this rule, the doing so, the NRC considered only those for the following reasons. First, the rule Commission will consider whether transportation modes and route involves a narrow aspect of the further changes to the rule are desirable scenarios that would likely result in the environmental review of individual to generically address: (1) The issue of greatest impacts. For the proposed rule, nuclear power plant license renewal cumulative transportation impacts and the NRC staff—in consultation with the decisions, which is a regulatory (2) the implications that the use of DOE staff—determined that truck decision completely separate from the higher burn-up fuel have for the shipments through densely populated regulatory requirements that will guide conclusions in Table S–4. After areas of Clark County, Nevada, would the NRC licensing review of a HLW consideration of these issues, the have the highest potential impacts repository and from the decision Commission will determine whether the among the alternative transportation process leading to a DOE site issue of transportation impacts should scenarios and modes that would receive recommendation on Yucca Mountain, be changed to Category 1.’’ serious consideration in decisions Nevada, the site DOE currently has relating to the suitability of the site under study. This rule amends the Issue 3—Transportation Analysis undergoing study for a repository at December 18, 1996, rule with respect to Comment: NRC failed to consult Yucca Mountain. The NRC continues to two questions not adequately answered: relevant Yucca Mountain transportation believe that using these route scenarios 1. Are the current environmental risk and impact studies. and modes to generate conservative impact values in Table S–4, based on Response: The publications cited by estimates is reasonable for the purpose several destinations, still reasonable to commentors have been reviewed for of this rulemaking. incorporate in a license renewal review information that may be of direct use Comment: There was insufficient that assumes a single destination for within the limited focus and purpose of consideration of routine transportation spent fuel at Yucca Mountain, Nevada? the current rule. Most of the information radiological risks due to use of an 2. Are the current environmental in these documents was found to be average dose rate lower than the impact values in Table S–4 (which are potentially more relevant to a detailed regulatory limit. based on fuel enriched to no greater site-specific review of Yucca Mountain Response: The RADTRAN analysis than 4 percent, the average level of than to the generic analysis for this rule. reported in the final Addendum 1 has irradiation of spent fuel not exceeding That information has been brought to been modified to use the most 33,000 MWd/MTU, and shipment no the attention of those organizational conservative assumption that the less than 90 days after discharge from units within the NRC responsible for radiation levels for all shipments are at the reactor) still reasonable to activities relating to DOE’s study on the the regulatory limit of 0.1 mSv/hour [10

VerDate 18-JUN-99 16:04 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\03SER2.XXX pfrm01 PsN: 03SER2 48500 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations mrem/hour] at 2 m [6.6 ft] from the the license renewal term, the large more conservative assumptions, the shipment vehicle surface. As noted in analytical effort required for the estimated dose and risk to the crew are Section 2.2.3 of Addendum 1, this identification of specific population small and below regulatory limits. assumption is sufficiently conservative locations and traffic circumstances is The risk to vehicle inspectors would to bound the analysis of routine not warranted within the context of the be encompassed by the addition of transportation radiological risk and current rule. Although the comments stationary time for the transport truck in allow a reasonable assessment of that raise valid issues, those concerns should Clark County (see response to comment risk. Actual average radiation levels and be resolved within the context of about traffic gridlock, above). Again, the associated doses would be much lower studying, and making decisions estimated dose and risk are increased by because shipments must be designed so concerning, the suitability of the the use of more conservative that the regulatory limits are not candidate repository site at Yucca assumptions; but they remain small and exceeded. The use of the regulatory Mountain and regulatory requirements below regulatory limits. limits in the revised analysis results in governing transportation of spent fuel. Comment: There was insufficient higher dose estimates for incident-free Comment: There was insufficient consideration of severe transportation transportation. However, these revised consideration of radiological risks accident risks. estimates are still small as defined in 10 resulting from traffic gridlock incidents. Response: The Commission has CFR Part 51, Subpart A, Appendix B. Response: Traffic gridlock incidents evaluated the potential radiological Consequently, the conclusion regarding are not specifically analyzed in hazards of severe transportation the radiological risks of routine NUREG–1437 because of the limited accidents involving truck and rail spent transportation remains valid. scope and generic nature of the analysis nuclear fuel (SNF) shipments (NUREG/ Comment: There was insufficient (see response to comment on CR–4829, ‘‘Shipping Container consideration of routine transportation consideration of risks to members of the Response to Severe Highway and radiological risks to members of the public, above). However, the revised Railway Accident Conditions’’ February public residing, working, or RADTRAN analysis conservatively 1987, commonly referred to as the institutionally confined at locations includes approximately two hours of modal study). The modal study near shipping routes. stationary time in Clark County (during evaluated SNF shipping casks certified Response: The analysis encompasses a 100 to 140 mile trip depending upon to NRC standards against thermal and members of the public residing, the route) for each truck shipment; and mechanical forces generated in actual working, or institutionally confined at traffic gridlock could be one of the truck and rail accidents. This evaluation locations near shipping routes by reasons for the truck being stationary. included an assessment of cask assuming that the resident population To a limited extent, the incorporation performance for a number of severe along the transportation routes is of more conservative assumptions of transportation accidents, including the exposed to every shipment. The text of truck speed into the revised RADTRAN Caldecott Tunnel fire. The modal study Sect. 2.3 of Addendum 1, has been analysis compensates for an analysis of concluded that there would be no revised to state this assumption and its traffic gridlock by allowing for increased release in 994 of 1,000 real accidents, effects on the revised analysis more exposure time at any given point during and that a substantially lower fraction of clearly. In addition, more conservative transport. As noted earlier, these revised accidents could result in any significant assumptions of truck speed have been assumptions lead to higher but still release. These results when combined used in the revised RADTRAN analysis small dose estimates. In addition, the with the probability of a severe accident thus extending the exposure time to routes used in the analysis in involving a shipment of SNF, individuals along the transportation Addendum 1 were deliberately chosen demonstrate that the overall risk route. These assumptions further ensure to maximize estimated dose. Actual associated with severe accidents of SNF that members of the public cited by the routes would be less likely to have shipping casks is very low. The results commentors would be encompassed by significant areas where traffic gridlock of the modal study were factored into the dose and risk assessments. As occurs. The selection of the actual the analysis for this rulemaking, as an expected, the use of these more routes, for example, would comply with input to the RADTRAN computer code. conservative assumptions leads to the U.S. Department of Transportation’s Additional analyses were performed to higher estimates of radiation dose to the Federal Highway Administration address the possible impacts of public. However, these revised dose regulations (49 CFR Part 397, Subpart D) accidents involving higher burnup fuel. estimates remain well below regulatory that require minimizing the time in The consequences associated with an limits for members of the public and transit (i.e., avoiding periods of great individual SNF shipment have an upper small compared to natural background traffic congestion) for routing bound, based on the amount of material and other sources of radiation exposure. radioactive shipments. in the package, the availability of Several commentors indicated that Comment: There was insufficient mechanisms to disperse the radioactive Addendum 1 should focus on unique consideration of routine transportation contents, the locations and number of and location-specific circumstances of radiological risks to vehicle inspectors receptors, and post-event intervention the transportation routes and population and escorts. than would occur. Further, this upper centers. However, the analysis in Response: The RADTRAN analysis in bound in transit might reasonably be Addendum 1 is generic and was the revised Addendum 1 uses the expected to be less than that at the designed to support only the limited regulatory dose rate limit of .02 mSv/ origin or destination points (where more scope of the decision regarding this rule hour (2 mrem/hour) for the vehicle SNF would be stored), and some events change. The NRC believes that the crew. In addition, a discussion of themselves might be expected to have routes chosen represent a conservative potential doses to escorts has been greater consequences than the damage analysis due to the higher number of included in Addendum 1, Section 2.2.3. they cause to the SNF cask. The NRC people who live along these routes. In the analysis, both the escorts and recognizes that there are some Because the purpose of this rule is to drivers are assumed to be exposed to the conceivable events (not necessarily provide a generic analysis for the regulatory limit, although the dose to traditional ‘transportation accidents’), limited purpose of determining the the escorts would realistically be less that might be hypothesized to occur to likely impact of transportation during than that to the drivers. Even with these a SNF cask while in transport. Even

VerDate 18-JUN-99 16:04 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\03SER2.XXX pfrm01 PsN: 03SER2 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48501 though these events have an extremely converging on one destination, Yucca unique local conditions, unforeseen low probability of occurring, they might Mountain—the candidate site under events, sabotage, and human error in result in high consequences if they were study by DOE for a repository, rather cask design. The NRC should adopt the to occur. The NRC considers these than several destinations. Table S–4 comprehensive risk assessment events to be remote and speculative and does not consider non-commercial approach for SNF and HLW thus, does not call for detailed power reactor shipments of fuel and transportation described in Golding and consideration. Because the NRC waste. Nevertheless, a discussion of the White, Guidelines on the Scope, traditionally considers risk to be the cumulative impacts of transporting Content, and Use of Comprehensive product of the probability of an event spent fuel, HLW, and low-level waste Risk Assessment in the Management of and its resultant consequences, events through southern Nevada has been High-Level Nuclear Waste with such low probability of occurring added to Addendum 1 (Section 2.4). To Transportation (1990). have a negligible contribution to the estimate the potential cumulative effects Response: See the response above overall risk. In addition, as the of DOE shipments of LLW to the Nevada regarding consideration of severe probabilities of the events become very Test Site as well as shipments of HLW accident risk (low probability, high low, the value of insights to be gained, to a possible repository, the NRC staff consequence accidents) during for use in regulatory decisions, is not used information published in DOE’s transportation. apparent. Waste Management Programmatic EIS The NRC’s regulatory program will Comment: The study underestimates (DOE/EIS–0200—F) May 1997. To continue to ensure that the risk of severe Clark County’s residential population ensure that cumulative impacts are not transportation accidents are minimized. and growth rate. In addition, the study underestimated, the NRC staff selected Physical security for spent fuel does not account for the large alternatives in the EIS that led to the transportation is regulated under 10 nonresident population, resulting in highest numbers of shipments to the CFR 73.37. The regulatory philosophy is underestimates of risk and impacts. Nevada Test Site and Yucca Mountain. designed to reduce the threat potential Response: In keeping with the generic The results of the analysis indicate that to shipments and to facilitate response nature and limited intent of the the cumulative doses and expected to incidents and recovery of packages analysis, the original analysis used best cancer fatalities resulting from the that might be diverted in transit. available data and best estimates of civilian SNF and the DOE shipments are Although the analysis supporting the existing population and population small compared to the risk of cancer current rule does not account for the growth rates. In response to from other causes. potential for human error, activities commentors’ concerns and to reflect the Comment: Commentors stated that related to the design, fabrication, potentially large population growth rate cumulative impacts along the Wasatch maintenance, and use of transportation of Clark County, the NRC staff has Front must be considered. packages are conducted under an NRC- incorporated higher population Response: The State of Utah approved Quality Assurance Program. estimates into the analysis to provide maintains that a study similar to the one This helps to provide consistency in conservative (higher than best estimate) conducted for Las Vegas and Clark performance and helps reduce the assessments of potential impacts. County must be conducted for the incidence of human error. While a However, as indicated by the comment, cumulative impacts along the Wasatch location-specific transportation risk the task of estimating the impacts on the Front that would originate from the assessment is included in the DOE EIS area population is more complex than proposed Private Fuel Storage Facility for the decisions relating to a possible assuming a population growth rate. Both to be located at Skull Valley, Utah. Such Yucca Mountain repository, the NRC the rate of growth of the population and an analysis is beyond the scope of this staff believes that the analysis changes in location of the population generic rulemaking because the conducted for this rulemaking provides within the county are important. As Commission directed that cumulative an adequate consideration of the stated in Addendum 1, populations impacts attributed to transportation be impacts from license renewal. Further, within a half mile of the transportation analyzed only in the vicinity of Yucca through its regulatory, licensing, and route are the most affected by the Mountain. However, the NRC is certification functions, the NRC has transportation activities. Therefore, in currently reviewing a site-specific tried to ensure that transportation of order to ensure that the size of the application for construction and SNF is performed safely with minimum affected population is conservative, the operation of the proposed Private Fuel risk to the public, and that vehicle NRC staff’s analysis not only increases Storage Facility at Skull Valley in a crashes while transporting SNF do not over time the existing population separate regulatory action. A site- result in severe accidents. Similarly, densities along the assumed specific study of the cumulative impacts DOE is expected to ensure that the transportation routes, but also forecasts of transportation is part of that review. routes and procedures chosen for SNF increased residential, business, and The study will be reported in a draft transport to the repository provide transient/tourist populations in the Environmental Impact Statement to be ample protection of the public health areas of likely development. published for public comment. Its and safety and the NRC reviews and availability will be noticed in the approves the selected routes. Issue 4—Cumulative Impacts Federal Register. The analysis in Addendum 1 shows Comment: NRC failed to consider that even with conservative cumulative impacts of all spent fuel, Issue 5—Legal Requirements assumptions, the cumulative HLW, and low-level-waste shipments. Comment: NRC failed to conduct a radiological and non-radiological Response: Table S–4 shows the legally sufficient risk assessment. Use of accident risks of SNF transport in Clark environmental impacts of transportation a model such as RADTRAN is not in County are small. However, there are a of fuel and waste directly attributable to and of itself sufficient to meet the number of opportunities to further one nuclear power plant. The current requirements of the National reduce human health impacts. These rulemaking was narrowly focused on Environmental Policy Act. The NRC include transporting SNF by rail rather the question of whether the impact must consider consequences of low- than by truck. This would reduce values given in Table S–4 would be probability, high-consequence accidents human health effects by reducing the different with spent fuel shipments not included in RADTRAN, including number of shipments and the likelihood

VerDate 18-JUN-99 16:04 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\03SER2.XXX pfrm01 PsN: 03SER2 48502 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations of accidents. In addition, shipping SNF Issue 7—Higher Burnup Fuel under consideration as a HLW via the proposed beltway would reduce Comment: There was insufficient repository. If, in the future, Yucca health impacts compared to shipping consideration of extended fuel burnup Mountain is removed from via the current interstate highway issues. consideration as a HLW repository, the system. The implementation of such Response: Section 3 of Addendum 1 Commission will evaluate whether the generic analysis performed for the mitigative measures must await future addresses the issues associated with current rule is applicable to other sites decisions that fall well outside of the extended fuel burnup in detail. The that are considered. If fuel enrichment scope of this rulemaking. In addition, NRC staff’s analysis of higher burnup greater than 5 percent Uranium-235 and for the purposes of individual license fuel examined the issues of radiation fuel burnup of greater than 62,000 renewal rule decisions, no plant specific doses due to higher dose rates during MWd/MTU are approved by the mitigation measures were found shipment, higher radiation doses in the Commission, the Commission will appropriate for addressing the impacts event of transportation accidents, and consider a rulemaking to assess the identified in the Addendum. The NRC the potential for a criticality in the very continuing generic applicability of staff notes that DOE addresses unlikely event that high burnup fuel Table S–4 to environmental reviews for transportation impacts, mitigation geometry is altered during a license renewal. measures, and alternative transportation transportation accident. Comment: The addition to the rule of modes in its EIS for the proposed The analysis done by the NRC staff local transportation impacts associated repository at Yucca Mountain. concluded that higher burnup fuel with continued operation of a plant would likely cause higher dose rates Issue 6—Socioeconomics during the license renewal period needs during transportation and that dose further clarification in the rule language Comment: NRC failed to consider rates following transportation accidents and in the Supplementary Information. socioeconomic impacts. with radiological releases would also Response: The rule was revised to increase, all other things being equal. Response: Several commentors raised clarify that the issue of ‘‘Public services, However, despite the increased dose Transportation’’ in Table B–1 of an issue of public perception of risk of rates the potential impacts on the waste shipments and its effect on Appendix B to Subpart A of 10 CFR Part transport crews and the affected 51 involves the contribution of highway tourism and property values. Under the members of the public would still be traffic directly attributable to National Environmental Policy Act acceptably small. The analysis of the refurbishment and continued operation (NEPA), the NRC is obligated to potential for criticality following a of a plant during the license renewal consider the effects on the physical change in fuel geometry as the result of period to changes in the service levels environment that could result from the a transportation accident determined of highways in the vicinity of the plant. proposed action. Effects that are not that such an event was not a concern. The majority of traffic directly directly related to the physical Issue 8—Environmental Justice attributable to a plant is commuting environment must have a reasonably plant workers. close causal relationship to a change in Comment: NRC failed to consider Comment: Paragraph (M) of 10 CFR the physical environment. The Supreme Environmental Justice. 51.53(c)(3)(ii) should be deleted. Court ruling in Metropolitan Edison Co. Response: The analysis suggests that Response: The rule language has been v. People Against Nuclear Energy, 460 the routes through downtown Las amended and Paragraph (M) has been U.S. 766 (1983) has narrowly Vegas, Nevada may run through areas deleted. This change from the proposed circumscribed, if not entirely containing a higher proportion of low- rule was necessary in order to provide eliminated, an agency’s NEPA income and minority groups than the consistency with 51.53(c)(3)(ii), as this obligation to consider impacts arising beltway routes. However, as discussed section only deals with Category 2 solely from the public’s perception that in Sections 2.3 and 2.4 Addendum, the issues. Since the cumulative impacts of an agency’s action has created risks of radiological and nonradiological transportation of SNF in the vicinity of accidents. Accordingly, it is not impacts of transportation of SNF are Yucca Mountain is no longer a Category necessary to consider the impacts on small. In addition, these small impacts 2 issue, inclusion in 51.53(c)(3)(ii) is no tourism and property values from the are dispersed throughout the entire longer necessary. public’s perception of risk. routes and do not appear to fall disproportionately in any one area. Other Comments The socioeconomic impacts of plant Based on the analysis performed the This section addresses the comments refurbishment and continued operation NRC staff concludes the overall impacts that are not encompassed by the issue during the renewal period are discussed of transportation of SNF will not likely summaries and responses given above. in the plant-specific supplement to the be disproportionately high or adverse In addition, some comments were GEIS for each individual license for any minority or low-income received after the close of the comment renewal applicant. The NRC recognizes population. period. These comments were reviewed, that there will likely be increased costs and most were found to be similar to Issue 9—Regulatory Text in the unlikely event of an accident. comments already addressed by the However, for the majority of Comment: Several suggestions for issue summaries and responses. transportation accidents that may occur, clarifying the regulatory text were However, the comments that raised new the associated costs are small. For the offered. ideas relevant to Addendum 1 are also most severe accidents analyzed by the Response: The rule has been revised presented in this section. For these late RADTRAN computer code, the costs to make it clear that the environmental comments, revisions to Addendum 1 could be substantial. Given the low impact values in Table S–4 (10 CFR were necessarily minimal. probability of such accidents, the 51.52) may be used to account for the Comment: Addendum 1 assumes that socioeconomic impacts of transportation environmental effects of transportation truck transport would have the highest of SNF do not alter the Commission’s of fuel and waste to and from a nuclear doses. This assumption is not conclusions regarding the impacts of power plant at a repository such as necessarily valid. Also, a different route this issue. Yucca Mountain, Nevada, which is that avoids Las Vegas should be

VerDate 18-JUN-99 12:32 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\A03SE0.010 pfrm08 PsN: 03SER2 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations 48503 addressed. (A route through Nellis Air Response: As a general matter, the suitability of Yucca Mountain or any Force Base and down US–95 is being National Environmental Policy Act consideration that DOE may give to considered by DOE and it has been (NEPA) requires all Federal agencies to transportation impacts in making that shown to have higher risks of accident perform an environmental review for decision. fatalities and to increase the radiological certain actions they propose to conduct. Comment: Addendum 1 is not risk.) Routes chosen in Addendum 1 do In the context of nuclear waste meaningful to the public. For example, not bound the analysis properly. management, several agencies have it is impossible to determine if the spent Response: The transportation and regulatory and operational fuel isotope inventory shown in the route scenarios and their underlying responsibilities which may involve sample pages of the RADTRAN printout assumptions were designed to reflect various proposed actions that, in turn, matches the fuel considered in the situations that most likely would result require the preparation of Addendum. in highest doses in order to bound the environmental impact statements (EISs). Response: In preparing Addendum 1, analysis properly as the routes chosen Inevitably, there may be a degree of the NRC staff has attempted to write to for this analysis were the most overlap in the types of impacts a broad and diverse audience as much populated routes in the State of Nevada. discussed in these various EISs. as possible. The NRC staff acknowledges Also, as noted in an earlier response, the However, the analysis developed by the that this rulemaking involves NRC staff consulted DOE in determining NRC for the purposes of license renewal complicated, technical issues. However, that truck shipments through densely is not binding on future actions and the NRC staff has attempted to present populated areas of Clark County, associated environmental impact these matters in the most clear manner Nevada, would have the highest analyses. possible. Addendum 1 has been revised potential impacts among the alternative The NRC proposed action that has and Table 2 provides the fuel isotope transportation scenarios that would be triggered the preparation of this inventory that can be compared to the given serious consideration in decisions rulemaking and the associated analysis sample pages of the RADTRAN relating to the suitability of the site of environmental impact is the agency’s computer code printout. Comment: The study area is undergoing study for a repository at responsibility to review applications for inaccurately defined and the location of Yucca Mountain. the renewal of nuclear power plant licenses. In light of the discrete purpose some cities is incorrectly stated. The comment that a route from Nellis Response: During the preparation of Air Force Base down US–95 is higher of this rulemaking, the NRC has sought to gauge the impacts of license renewal Addendum 1, the initial study area risk than those selected by the NRC staff selected for analysis emphasized the provided no specific details concerning given the information currently available on those impacts including the urban areas in and near Las Vegas. that assertion. In the NRC staff’s view, transportation of spent fuel. Even Route selections were based in part on any route that bypasses major centers of though these impacts do not occur at the their proximity to those areas, not to population will have significantly lower plant site during license renewal, the county borders. However, in response to radiological impacts. With regard to NRC has considered them here pursuant public comments, the study area was traffic accident rates, while it may be to its NEPA responsibilities. expanded to include the entire county. true that certain routes will have Future EISs prepared by other Consequently, the ‘‘entry’’ point for SNF accident rates that are higher than agencies on proposed actions in the shipments shifted to cities such as average, the average rates are low waste management arena (e.g., any Mesquite. enough that modest increases from the recommendation by DOE on approval of Comment: Addendum 1 should average will not significantly change the the Yucca Mountain site for discuss potential mitigation measures, staff’s conclusions. development of a repository) will not rely on the DOE Yucca Mountain Comment: SNF from California would undoubtedly address some of the same EIS for that discussion. go through Las Vegas twice (in route to impacts covered by the analysis Response: The analysis in Addendum Skull Valley and subsequently to Yucca described in this notice. Some of these 1 shows that, even with conservative Mountain), resulting in increased risk. other impact statements are anticipated assumptions, the cumulative Response: If the proposed SNF storage to be more detailed given their purpose radiological and non-radiological facility is licensed and built, some SNF and the availability of additional accident risks of SNF transport in Clark may go through Clark County on the information in the future. This, County are small. However, there are a way to Skull Valley, Utah. The NRC however, does not diminish the number of opportunities to further staff has not analyzed this possible adequacy of the NRC’s action. This reduce human health impacts. These impact because it is not clear at this analysis is sufficient for the purpose it include transporting SNF by rail rather time that the proposed Skull Valley serves and it provides the Commission than by truck. This would reduce facility will be licensed or that the SNF with the information needed to weigh human health effects by reducing the would go through Las Vegas if the the likely environmental impacts of SNF number of shipments and the likelihood facility were built. In addition, SNF transportation for individual license of accidents. In addition, shipping SNF from California makes up only a small renewals applications and reach via the proposed beltway would reduce fraction of the SNF that would be informed decisions regarding the health impacts compared to shipping shipped. The NRC staff concludes that acceptability of these applications. The via the current interstate highway the conservative assumptions used in rule does not, however, dictate any system. The implementation of such the analysis more than compensate for particular result for future actions taken mitigative measures must await future minor changes in transportation plans with regard to a waste repository or decisions that fall well outside of the that may develop for that fraction of the other waste management matters. scope of this rulemaking. In addition, total SNF. Specifically, any generic conclusions by for the purposes of individual license Comment: The NRC should provide the Commission concerning the renewal rule decisions, no plant specific affected parties with some statement of cumulative environmental impacts of mitigation measures were found the regulatory effect of the transportation associated with nuclear appropriate for addressing the impacts interrelationships between the power plants would in no way affect identified in the Addendum. The NRC numerous other similar analyses. any DOE decision concerning the notes that DOE addresses transportation

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For the accident analysis, the use of the applicable legal requirements and Comment: Addendum 1 does not largest-capacity casks was assumed in appropriately carried out its mention that the proposed repository order to maximize the amount of SNF responsibility to consider the which is the destination for shipments that would be involved in the accident. environmental impacts of its license of spent nuclear fuel is in Nye County. These parameters were intended to renewal decision. Response: A statement noting that the bound the parts of the analysis, not to Comment: The NRC staff uses proposed Yucca Mountain repository is describe parts of the actual SNF ‘‘flawed’’ science as evidenced by in Nye County has been added to shipment protocol such as the specific factors including a questionable Addendum 1. casks that will be used. definition of risk which fails to account Comment: No statements of baseline Comment: The analysis appears to for severe accidents, use of misleading conditions are given in Addendum 1. assume that oldest spent nuclear fuel if not false average radiation dose rates, Response: Addendum 1 uses would be shipped first to the repository. manipulation of dose rate data to obtain background and natural radiation levels If so, how will institutional measures acceptable results and lack of empirical as the baseline conditions against which achieve this sequencing? If they do not, data especially that applicable to dose estimates can be compared. Both how will the maximum potential transportation of SNF. are presented in Addendum 1 and are radioactive risk in shipment and storage Response: The decision before the based in large part on information or disposal be addressed? Commission is whether the impacts of published by the National Council on Response: The spent fuel will be license renewal are so severe that they Radiation Protection and Measurements. shipped in casks certified by the NRC. should preclude the option of license Comment: The analysis in Addendum In fact, the current practice of NRC renewal. As such, the Commission has 1 is limited to human health effects. issuing certificates of compliance for considered a reasonable estimate of Other potential impacts should be casks used for shipment of power impacts and not included remote and considered. reactor fuel is to specify 5 years as the speculative scenarios that do not add to Response: Addendum 1 was prepared minimum cooling period in a certificate. our regulatory decision (see also to provide information regarding a Comment: Addendum 1 uses national response to comment on severe proposed rule to determine whether the accident rate statistics. State and/or accidents, above). transportation of higher enriched, local rates would be more appropriate. In the analyses described in higher burnup fuel to a single Response: For the analysis of Addendum 1 the NRC staff uses dose destination is consistent with the values radiological accidents, data specific to rates that reflect the applicable of Table S–4. Because the pertinent Nevada were used in the RADTRAN regulatory limit rather than average dose section of Table S–4 concerns impact computer code runs. However, for the rates. Even with these very conservative values for human health effects, analysis of non-radiological accidents, assumptions for dose rates, Addendum 1 concentrates on potential the NRC staff required data regarding transportation modes, transportation cumulative impacts to human health. not only accident rates but also injury routes, and a number of other factors, However, Section 2.3 of Addendum 1 and fatality statistics. Those data were radiation impacts on the transport crews has been revised to look at the not available except from the U.S. and the general public were not only potentially most significant non-human Department of Transportation. found to be within all regulatory limits health effect which is the potential Comment: Water resource supplies but small as well and there was no need increase in traffic volume in Clark within boundaries of the State of to adjust the assumptions. County as the result of the Nevada belong to the public. All waters Throughout Addendum 1 the NRC transportation of SNF. The NRC staff are subject to appropriation for the staff discusses the assumptions that conclusion is that the impacts are small. beneficial use only under state law. were made and where applicable the Comment: The analysis assumes the Response: The water resources of the empirical data used to support those use of the large-capacity GA–4/9 truck state will be unaffected by the transport assumptions is referenced. With respect cask, which has not been certified and of SNF through Clark County. to making judgements about the must be used in combination with Comment: Report failed to provide shipment of spent fuel the NRC staff has specially designed trucks that have not conditions for informed consent which the benefit of data from over 40 years of been tested. It also assumes that these requires disclosure to those affected, experience in shipping SNF in this cask and truck systems will be available their understanding , and voluntary country as well as overseas. in sufficient quantity for the shipments. acceptance. Comment: High level waste The commentor seeks assurance that the Response: NRC regulations already management and transportation should assumed truck cask system is feasible contain values that the NRC considers to not be a generic issue and Yucca and that DOE’s proposed regional be acceptable environmental impacts Mountain should not be used for the service contractor approach would from the shipment of SNF and other study as DOE is behind schedule and it feasiblely result in the use of such a radioactive waste. In Addendum 1 the is not an approved site for SNF. system for all shipments in the potential NRC staff is, in part, ensuring that the Response: Given that the potential truck shipment campaign. overall impacts of the transportation of environmental impacts of the Response: The analysis done by the the additional SNF that will be transportation of SNF resulting from NRC staff assumes that an adequate generated as the result of nuclear power license renewal are similar for all number of certified casks would be plant license renewal are bounded, nuclear power plants who seek to renew available. Addendum 1 used extremely given the best information the NRC staff their operating licenses, and that the conservative assumptions regarding has at this time, by those values NRC staff’s analysis contained in SNF shipments and casks to ensure that previously found acceptable. The values Addendum 1 concludes that the impacts the analysis would lead to maximum specified in the regulations are are likely to be small, the Commission dose estimates. For example, the supported by analysis and were adopted feels it is appropriate to reclassify the analysis of incident-free transportation into the regulations only after providing issue as a Category 1 issue. Use of Yucca

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Mountain, Nevada for purposes of the been periodically reviewed and found Protection Requirements for Spent Fuel staff’s analysis, as the destination of the adequate. The hypothetical accident Shipments, 6/8/84). SNF is appropriate as it is the only site conditions of 10 CFR 71.73 have been Response: The NRC has not quantified presently under study. It must be evaluated against actual conditions the likelihood of the occurrence of emphasized that this generic encountered in highway and railway sabotage in this analysis because the environmental impact statement is accidents and were found to be likelihood of an individual attack required to make use of the best bounding as documented in NUREG/ cannot be determined with any degree information available and at this time CR–4829, February 1987, ‘‘Shipping of certainty. Nonetheless, the NRC has the assumption that Yucca Mountain is Container Response to Severe Highway considered, for the purposes of this the destination is reasonable for and Railway Accident Conditions.’’ As environmental impact statement and purposes of the staff’s analysis. If in the noted in Table 3 of Addendum 1, the rulemaking, the environmental future, conditions change, the version of RADTRAN used is updated to consequences of such an event. In the assumption made for this analysis may March 1999. determination of the consequences of need to be reevaluated. Section 3 of Addendum 1 does such an event, higher burnup is only Comment: Need to consider the consider the possible effect of cladding one factor. Based on the staff’s study of intermodal option being considered by degradation on criticality in the context higher burnup fuel (NUREG–1437, Congress for Caliente, Nevada. of increased burnup. That analysis Vol.1, Addendum 1, Table 2), the Response: The shipment of SNF by would be equally applicable to any consequences of a sabotage event rail to Caliente and then transferring it cladding degradation that might occur involving such fuel could be larger than to truck for shipment to Yucca during prolonged dry storage of the those in the studies referenced by the Mountain is one of many options under SNF. commentor. However, given that the consideration by DOE. Rather than With regard to what is asserted to be consequences of the studies referenced speculate on which transportation inadequate consideration of the by the commentor were small, even option or options will ultimately be potential radiological impacts of the modest increases due to the effects of selected, the NRC staff has chosen a rail-heavy haul truck option, the NRC higher burnup fuel would not result in mode and routes to Yucca Mountain staff has analyzed the radiological unacceptably large consequences. which in its judgement will have the impacts of the truck mode along various Because burnup is not the only factor greatest potential environmental routes through and around Las Vegas that could affect the consequences of a impacts in order to do a bounding and concludes that they are the limiting sabotage event, the staff continues to analysis for the purpose of this scenarios. The largest doses in the study this area. Should new and rulemaking. incident-free conditions are now to the significant information result from the Comment: The analysis needs to public. If the rail-heavy haul transport further study, actions addressing such address the impacts of above ground information will be considered. scenario was adopted, a substantial nuclear weapons testing being done at Nevertheless, the extensive security portion of the public exposure would be the Nevada Test Site. measures required by NRC regulations Response: For the purposes of avoided, since in this scenario, the slow make sabotage events extremely considering the environmental impacts moving heavy haul truck transport unlikely. Moreover, the casks required of license renewal, there does not would not move through a major to be used to transport spent fuel are appear to be a relevant connection population center. designed to withstand very substantial between transportation impacts from Comment: NRC must consider impacts during transport without loss of civilian SNF and defense related potential Indian Tribe claims of containment integrity. The cask designs weapons testing at the Nevada test site. authority to regulate shipments across should serve to further reduce the Comment: The analysis relies on reservation lands. likelihood of release of radioactive assumptions that are 25–30 years old Response: This analysis is a generic material in the extremely unlikely event and that have a number of problems study that assumes certain routes for the of sabotage. In view of the fact that NRC including omission of important purpose of evaluating environmental safeguards regulations make sabotage radionuclides (Iodine-129, Chlorine-36 impacts. Because the purpose of this events extremely unlikely, and the fact and Cobalt-60), unrealistic RADTRAN study is neither to propose nor approve that the cask designs themselves should assumptions including inadequate routes, the NRC does not need to make a release of radioactive material consideration of severe accidents, consider tribal claims of authority to unlikely even were sabotage to occur, outdated assumptions from NUREG– regulate shipments in the context of this and based on our judgement that, in the 0170 and WASH–1238 including the analysis. extremely unlikely event that sabotage failure to consider the degradation of Comment: The beltway is a county and releases did occur, the cladding during extended dry storage, road, not part of the Federal highway consequences from higher burnup fuel and failure to consider the rail-heavy system; it is not clear it can be used for would not be unacceptably large, we haul truck option. shipments. have concluded that a more extensive Response: With regard to the Response: The DOT regulations do study of higher burnup fuel radionuclides, as indicated in Table 2 of not require that SNF shipments only use consequences is not warranted for this Addendum 1, Cobalt-60 is considered. federal highways. Therefore, the NRC environmental impact statement and While both Iodine-129 and Chlorine-36 assumed that the beltway is a possible rulemaking. are long lived, neither is a significant route around Las Vegas. On June 22, 1999, the Nevada contributor to overall dose. Iodine-129 Comment: The NRC should address Attorney General filed a petition with has a very low specific activity and the implications of higher enrichment, the Commission which requested the Chlorine-36 is a beta emitter. higher burnup fuel for consequences of NRC to amend regulations governing The issue of the severity of accidents radiological sabotage, as NRC has done safeguards for shipments of spent considered in the NRC staff’s analysis so far for the increase in burnup from nuclear fuel against sabotage and was addressed in an earlier response to 33,000 MWd/MTU to 40,000 MWd/ terrorism and to initiate a comment. The assumptions that are MTU (see 49 FR 23867, Proposed comprehensive assessment. In used in the NRC staff’s analysis have Revisions to 10 CFR 73, Modification of particular, the petition indicated that

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NRC should factor into its regulations unintentionally omitted from the June 5, 104–113, requires that Federal agencies the changing nature of threats posed by 1996 final rule. The rule is unchanged use technical standards developed by or domestic terrorists, the increased except for an increase in benefits adopted by voluntary consensus availability of advanced weaponry and derived from a reduction in the standards bodies unless the use of such the greater vulnerability of larger applicant burden of 190 hours of effort a standard is inconsistent with shipping casks traveling across the in preparing an application for renewal applicable law or otherwise impractical. country. If, as a result of reviewing this of a nuclear power plant operating There are no consensus standards that petition, the NRC reaches conclusions license. apply to the analysis and findings that are inconsistent with the results or This change increases the substantial process, nor to the requirements assumptions in the present rulemaking, cost saving of the final rule estimated in imposed by this rule. Thus the the Commission will need to revisit the NUREG–1440, ‘‘Regulatory Analysis for provisions of the Act do not apply to analysis presented here. Amendments to Regulations for the this rule. Environmental Review for Renewal of Finding of No Significant Nuclear Power Plant Operating List of Subjects in 10 CFR Part 51 Environmental Impact: Availability Licences.’’ NUREG–1440 is available for Administrative practice and The NRC has determined that this inspection in the NRC Public Document procedure, Environmental impact final rule is the type of action described Room, 2120 L Street NW. (Lower Level), statement, Nuclear materials, Nuclear as a categorical exclusion in 10 CFR Washington, DC. In addition, copies of power plants and reactors, Reporting 51.22(c)(3). Therefore, neither an NRC final documents cited here may be and recordkeeping requirements. environmental impact statement nor an purchased from the Superintendent of For the reasons set out in the environmental assessment has been Documents, U.S. Government Printing preamble to this notice and under the prepared for this regulation. This action Office, PO Box 37082, Washington, DC authority of the Atomic Energy Act of is procedural in nature and pertains 20013–7082. Copies are also available 1954, as amended; the Energy only to the type of environmental for purchase from the National Reorganization Act of 1974, as information to be reviewed. Technical Information Service, 5285 amended; the National Environmental Paperwork Reduction Act Statement Port Royal Road, Springfield, Virginia Policy Act of 1969, as amended; and 5 22161. U.S.C. 552 and 553, the NRC is adopting This final rule decreases unnecessary the following amendments to 10 CFR regulatory burden on licensees by Regulatory Flexibility Act Certification part 51. eliminating the requirement that license As required by the Regulatory renewal applicants address the generic Flexibility Act of 1980 (5 U.S.C. 605(b)), PART 51ÐENVIRONMENTAL and cumulative environmental impacts the Commission certifies that this final PROTECTION REGULATIONS FOR associated with transportation operation rule will not have a significant impact DOMESTIC LICENSING AND RELATED in the vicinity of a HLW repository site on a substantial number of small REGULATORY FUNCTIONS (¥400 hours, ¥2 responses), and adds entities. The final rule will reduce the 1. The authority citation for part 51 a new requirement to address local amount of information to be submitted continues to read as follows: traffic impacts attributable to continued by nuclear power plant licensees to operation of the plant during the license facilitate NRC’s obligations under the Authority: Sec. 161, 68 Stat. 948, as renewal term (+20 hours, +2 responses). National Environmental Policy Act. amended, Sec. 1701, 106 Stat. 2951, 2952, The public burden for these information Nuclear power plant licensees do not 2953 (42 U.S.C. 2201, 2297f); secs. 201, as collections is estimated to average a amended, 202, 88 Stat. 1242, as amended, fall within the definition of small 1244 (42 U.S.C. 5841, 5842). reduction of 200 hours for each of 2 businesses as defined in Section 3 of the Subpart A also issued under National responses for the elimination of the Small Business Act (15 U.S.C. 632) or Environmental Policy Act of 1969, secs. 102, above mentioned requirement, and an the Commission’s Size Standards, April 104, 105, 83 Stat. 853–854, as amended (42 increase of 10 hours for each of 2 11, 1995 (60 FR 18344). U.S.C. 4332, 4334, 4335); and Pub. L. 95–604, responses for the new requirement, for Title II, 92 Stat. 3033–3041; and sec.193, Pub. a net burden reduction of 380 hours. Backfit Analysis L. 101–575, 104 Stat. 2835, (42 U.S.C. 2243). Because the burden for this information The Commission has determined that Sections 51.20, 51.30, 51.60, 51.61, 51.80, collection is insignificant, Office of these amendments do not involve any and 51.97 also issued under secs. 135, 141, Management and Budget (OMB) provisions that would impose backfits Pub. L. 97–425, 96 Stat. 2232, 2241, and sec. as defined in 10 CFR 50.109(a)(1); 148, Pub. L. 100–203, 101 Stat. 1330–223 (42 clearance is not required. Existing U.S.C. 10155, 10161, 10168). Section 51.22 requirements were approved by the therefore, a backfit analysis need not be also issued under sec. 274, 73 Stat. 688, as OMB, approval number 3150–0021. prepared. amended by 92 Stat. 3036–3038 (42 U.S.C. Public Protection Notification Small Business Regulatory Enforcement 2021) and under Nuclear Waste Policy Act of Fairness Act 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. If a means used to impose an 10141). Sections 51.43, 51.67, and 51.109 information collection does not display In accordance with the Small also issued under Nuclear Waste Policy Act a currently valid OMB control number, Business Regulatory Enforcement of 1982, sec. 114(f), 96 Stat. 2216, as the NRC may not conduct or sponsor, Fairness Act of 1996, the NRC has amended (42 U.S.C. 10134(f)). and a person is not required to respond determined that this action is not a 2. In § 51.53, paragraph (c)(3)(ii)(M) is to, the information collection. major rule and has verified this removed and reserved and paragraph determination with the Office of Regulatory Analysis (c)(3)(ii)(J) is revised to read as follows: Information and Regulatory Affairs of The regulatory analysis prepared for OMB. § 51.53 Post-construction environmental the final rule published on June 5, 1996 reports. (61 FR 28467), and amended on National Technology Transfer and * * * * * December 18, 1996 (61 FR 66537), to Advancement Act (c) * * * make minor clarifying and conforming The National Technology Transfer (3) * * * changes and add language and Advancement Act of 1995, Pub. L (ii) * * *

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(J) All applicants shall assess the (M) [Reserved]. Appendix B to Subpart A to 10 CFR Part impact of highway traffic generated by * * * * * 51 are revised to read as follows: the proposed project on the level of 3. The ‘‘Public services, Appendix B to Subpart A— service of local highways during periods Transportation’’ issue under the Environmental Effect of Renewing the of license renewal refurbishment Socioeconomics Section and the Operating License of a Nuclear Power activities and during the term of the ‘‘Transportation’’ issue under the Plant renewed license. Uranium Fuel Cycle and Waste * * * * * Management Section of Table B–1, * * * * *

TABLE B±1.ÐSUMMARY OF FINDINGS ON NEPA ISSUES FOR LICENSE RENEWAL OF NUCLEAR POWER PLANTS 1

Issue Category Findings

*******

Socioeconomics

*******

Public services, Transportation ...... 2 SMALL, MODERATE, OR LARGE. Transportation impacts (level of service) of high- way traffic generated during plant refurbishment and during the term of the re- newed license are generally expected to be of small significance. However, the in- crease in traffic associated with additional workers and the local road and traffic control conditions may lead to impacts of moderate or large significance at some sites. See § 51.53(c)(3)(ii)(J).

*******

Uranium Fuel Cycle and Waste Management

******* Transportation ...... 1 SMALL. The impacts of transporting spent fuel enriched up to 5 percent uranium-235 with average burnup for the peak rod to current levels approved by NRC up to 62,000 MWd/MTU and the cumulative impacts of transporting high-level waste to a single repository, such as Yucca Mountain, Nevada are found to be consistent with the impact values contained in 10 CFR 51.52(c), Summary Table S±4ÐEnviron- mental Impact of Transportation of Fuel and Waste to and from One Light-Water- Cooled Nuclear Power Reactor. If fuel enrichment or burnup conditions are not met, the applicant must submit an assessment of the implications for the environ- mental impact values reported in § 51.52.

******* 1 Data supporting this table are contained in NUREG±1437, ``Generic Environmental Impact Statement for License Renewal of Nuclear Plants'' (May 1996) and NUREG±1437, Vol. 1, Addendum 1, ``Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Main Re- port Section 6.3Ð`Transportation,' Table 9.1 `Summary of findings on NEPA issues for license renewal of nuclear power plants,' Final Report'' (August 1999).

Dated at Rockville, Maryland, this 26th day NUCLEAR REGULATORY 1437, Vol. 1, Addendum 1, ‘‘Generic of August, 1999. COMMISSION Environmental Impact Statement for For the Nuclear Regulatory Commission. License Renewal of Nuclear Plants: Annette Vietti-Cook, 10 CFR Part 51 Main Report Section 6.3— Secretary of the Commission. RIN 3150±AG05 ‘Transportation,’ Table 9.1 ‘Summary of [FR Doc. 99–22764 Filed 9–2–99; 8:45 am] findings on NEPA issues for license Changes to Requirements for renewal of nuclear power plants,’ Final BILLING CODE 7590±01±P Environmental Review for Renewal of Report’’ (August 1999). Nuclear Power Plant Operating Licenses To Include Consideration of ADDRESSES: Copies of NUREG–1437, Certain Transportation Impacts, Vol. 1, Addendum 1 may be obtained by Availability of Supplemental writing to the Superintendent of Environmental Impact Statement Documents, U.S. Government Printing Office, P.O. Box 37082, Washington, DC AGENCY: Nuclear Regulatory 20402–9328. Copies are also available Commission. from the National Technical Information ACTION: Final rule; Notice of availability Service, 5285 Port Royal Road, of supplemental document. Springfield, Virginia 22161. A copy of SUMMARY: The Nuclear Regulatory the document is also available for Commission (NRC) is announcing the inspection and/or copying for a fee in completion and availability of NUREG– the NRC Public Document Room, 2120

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L Street, NW (Lower Level), Category 2 designation for the issue of NRC’s Home Page (http://www.nrc.gov) Washington, DC. Transportation in Section 6.3 and Table and choosing ‘‘Nuclear Materials,’’ then FOR FURTHER INFORMATION CONTACT: 9.1 of NUREG–1437. This report ‘‘Business Process Redesign Project,’’ Donald P. Cleary, Office of Nuclear expands the generic findings about the then ‘‘Library,’’ and then ‘‘NUREG– Reactor Regulation, U.S. Nuclear environmental impacts due to 1437, Volume 1, Addendum 1.’’ Regulatory Commission, Washington, transportation of fuel and waste to and Small Business Regulatory Enforcement DC 20555–0001, telephone: 301–415– from a single nuclear power plant. Fairness Act 3903; e-mail: [email protected]. Specifically, the report adds to findings concerning the cumulative SUPPLEMENTARY INFORMATION: The report environmental impacts of convergence In accordance with the Small provides the technical basis for the final of spent fuel shipments on a single Business Regulatory Enforcement rule ‘‘Changes to Requirements for destination, rather than multiple Fairness Act of 1996, the NRC has Environmental Review for Renewal of destinations, and the environmental determined that this action is not a Nuclear Power Plant Operating impact of transportation of higher major rule and has verified this Licenses’’ that amends requirements to enriched and higher burnup spent fuel determination with the Office of the Commission’s rule in 10 CFR Part during the renewal term. The report Information and Regulatory Affairs of 51—Environmental Protection conclusions would permit those OMB. Regulations for Domestic Licensing and findings to be used by incorporation by Related Regulatory Functions. Dated at Rockville, Maryland, this 26th day reference in the environmental review of August, 1999. The NRC staff has completed the of an application for renewal of an For the Nuclear Regulatory Commission. analyses of transportation issues as individual nuclear plant operating reported in NUREG–1437, Vol. 1, license. The results are being codified in Annette Vietti-Cook, Addendum 1, which provides the bases 10 CFR Part 51. Secretary of the Commission. for designating the transportation of [FR Doc. 99–22765 Filed 9–2–99; 8:45 am] high level waste as a Category 1 issue. Electronic Access Addendum 1 would supplement the NUREG–1437, Vol. 1, Addendum 1, is BILLING CODE 7590±01±P analysis and amend the findings and the also available electronically by visiting

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DEPARTMENT OF TRANSPORTATION HCC–20, (202) 366–1354, Federal Although the MCSA demonstrated Highway Administration, 400 Seventh congressional intent to focus the Federal Highway Administration Street, SW., Washington, D.C. 20590– applicability of the FMCSRs on larger 0001. Office hours are from 7:45 a.m. to vehicles, Congress did not repeal 49 CFR Part 390 4:15 p.m., e.t., Monday through Friday, section 204 of the Motor Carrier Act of [FHWA Docket No. FHWA±97±2858] except Federal holidays. 1935 (Chapter 498, 49 Stat. 543, 546). SUPPLEMENTARY INFORMATION: This statute, now codified at 49 U.S.C. RIN 2125±AE22 31502, authorizes the FHWA to regulate Electronic Access Federal Motor Carrier Safety the safety of all for-hire motor carriers Regulations; Definition of Commercial Internet users can access all of passengers and property, and private Motor Vehicle comments that were submitted to the carriers of property without respect to Docket Clerk, U.S. DOT Dockets, Room the weight or passenger capacity of the AGENCY: Federal Highway PL–401, 400 Seventh Street, SW., vehicles they operate. Administration (FHWA), DOT. Washington, DC 20590–001, in response When the Congress enacted the ACTION: Interim final rule; request for to previous rulemaking notices Commercial Motor Vehicle Safety Act of comments. concerning the docket referenced at the 1986 (CMVSA) (Pub. L. 99–570, Title beginning of this notice by using the XII, 100 Stat. 3207–170) to require SUMMARY: The FHWA is amending the universal resource locator (URL): http:/ implementation of a single, classified commercial driver’s license program, it Federal Motor Carrier Safety /dms.dot.gov. It is available 24 hours also limited the motor vehicles subject Regulations (FMCSRs) to adopt the each day, 365 days each year. Please to the program to those designed to statutory definition of a commercial follow the instructions online for more transport more than 15 passengers, motor vehicle (CMV) found at 49 U.S.C. information and help. 31132. This action is in response to the including the driver (now codified at 49 An electronic copy of this document Transportation Equity Act for the 21st U.S.C. 31301(4)(B) with slightly may be downloaded using a modem and Century (TEA–21). Section 4008(a) of different wording). This, too, revealed suitable communications software from TEA–21 amended the definition of the the congressional policy of applying the Government Printing Office’s term ‘‘commercial motor vehicle’’ to available Federal motor carrier safety Electronic Bulletin Board Service at cover vehicles ‘‘designed or used to resources to larger vehicles. (202) 512–1661. Internet users may transport more than 8 passengers The ICC Termination Act of 1995 reach the Office of the Federal Register’s (including the driver) for (ICCTA) (Pub. L. 104–88, 109 Stat. 803, home page at http://www.nara.gov/ compensation.’’ The FHWA is revising 919) changed the MCSA’s definition of fedreg and the Government Printing its regulatory definition of CMV to be a commercial motor vehicle. As Office’s database at: http:// consistent with the statute, but is amended, section 31132(1) defined a www.access.gpo.gov/nara. exempting the operation of these small commercial motor vehicle, in part, as a passenger-carrying vehicles from all of Background vehicle that is ‘‘designed or used to the FMCSRs for six months to allow transport passengers for compensation, Section 204 of the Motor Carrier time for the completion of a separate but exclud(es) vehicles providing Safety Act of 1984 (MCSA) (Pub. L. 98– rulemaking action published elsewhere taxicab service and having a capacity of 554, Title II, 98 Stat. 2832, at 2833) in today’s Federal Register. As a result not more than 6 passengers and not defined a ‘‘commercial motor vehicle’’ of this action, the applicability of the operated on a regular route or between as one having a gross vehicle weight FMCSRs will be the same as before the specified places; (or) is designed or used rating (GVWR) of 10,001 pounds or enactment of TEA–21 until March 3, to transport more than 15 passengers, more; designed to transport more than 2000. Therefore, entities that were not including the driver, and is not used to 15 passengers, including the driver; or subject to the FMCSRs prior to the transport passengers for compensation.’’ transporting hazardous materials in enactment of TEA–21 are not required The ICCTA authorized, but did not quantities requiring the vehicle to be to make any changes in their operations require, the FHWA to change the placarded. This definition, codified at until that date. FMCSRs accordingly; the agency did not 49 U.S.C. 31132(1), was the basis for the incorporate the amended language into DATES: This rule is effective on regulatory definition of a CMV in 49 the CMV definition in § 390.5. The September 3, 1999. Comments must be CFR 390.5, which determines the agency notes that the ICCTA included received on or before November 2, 1999. jurisdictional limits and applicability of the phrase ‘‘designed or used’’ in ADDRESSES: Submit written, signed most of the FMCSRs. The Senate specifying the passenger-carrying comments to FHWA Docket No. FHWA– Committee on Commerce, Science and threshold for the FMCSRs. This change 97–2858, the Docket Clerk, U.S. DOT Transportation, in a report which will make the FMCSRs applicable based Dockets, Room PL–401, 400 Seventh accompanied the MCSA stated: ‘‘The upon the number of passengers in the Street, SW., Washington, DC 20590– 10,000-pound limit, which is in the vehicle or the number of designated 0001. All comments received will be current BMCS (Bureau of Motor Carrier seating positions, whichever is greater. available for examination at the above Safety, now the FHWA’s Office of Motor In other words, a bus designed to carry address from 9 a.m. to 5 p.m., e.t., Carrier and Highway Safety) regulations, 13 people but actually carrying 18 Monday through Friday, except Federal is proposed to focus enforcement efforts would be subject to the FMCSRs. holidays. Those desiring notification of and because small vans and pickup Section 4008(a)(2) of TEA–21 (Pub. L. receipt of comments must include a self- trucks are more analogous to 105–178, 112 Stat. 107, June 9, 1998) addressed, stamped envelope or automobiles than to medium and heavy again amended the passenger-vehicle postcard. commercial vehicles, and can best be component of the CMV definition in 49 FOR FURTHER INFORMATION CONTACT: Mr. regulated under State automobile U.S.C. 31132(1). Section 4008 also Larry W. Minor, Office of Motor Carrier licensing, inspection, and traffic changed the weight threshold in the Research and Standards, HMCS–10, surveillance procedures.’’ S. Rep. No. CMV definition by adding ‘‘gross (202) 366–4009; or Mr. Charles E. 98–424, at 6–7 (1984), reprinted in 1984 vehicle weight’’ (GVW) to the previous Medalen, Office of the Chief Counsel, U.S.C.C.A.N. 4785, 4790–91. ‘‘gross vehicle weight rating’’ (GVWR).

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The agency may now exercise announce that the agency was imposed by the FHWA will result in jurisdiction based on the GVW or considering amending the FMCSRs in volunteer vanpool driving to become GVWR, whichever is greater. A vehicle response to section 4008(a) of the TEA– extremely burdensome. with a GVWR of 9,500 pounds that was 21, to seek information about the The Florida Department of loaded to 10,500 pounds GVW would potential impact of the TEA–21 Transportation, commenting about the therefore be subject to the FMCSRs if it definition, and to request public impacts the rulemaking would have on was operating in interstate commerce. comment on the question whether any transportation providers for the elderly Commercial motor vehicle is now class of vehicles should be exempted. and disabled, stated: defined (in 49 U.S.C 31132) to mean a The agency also requested comment on The proposed amendment to the Federal self-propelled or towed vehicle used on whether the term ‘‘for compensation’’ Motor Carrier Safety Regulations (FMCSR) the highways in interstate commerce to may be interpreted to distinguish among would have a significant impact to certain transport passengers or property, if the the types of van services currently in Florida rural transportation providers. These vehicle— existence. primarily include those operators that are (A) Has a gross vehicle weight rating located along or near the state border. These or gross vehicle weight of at least 10,001 Discussion of Comments to the ANPRM operators provide transportation services for pounds, whichever is greater; The FHWA received 733 comments in disadvantaged persons needing (B) Is designed or used to transport transportation to and from certain medical response to the ANPRM. The and rehabilitation facilities. These more than 8 passengers (including the commenters included State and local transportation entities are either public or driver) for compensation; government agencies, transit authorities, private-non-profit senior citizen or mental (C) Is designed or used to transport vanpool organizations, vanpool health facilities and designated as more than 15 passengers, including the members, universities, trade community transportation coordinators by driver, and is not used to transport associations, and members of Congress, Florida Statutes. [Their] operational areas are passengers for compensation; or as well as private citizens. Most (more primarily rural and it is often necessary for (D) Is used in transporting material than 720) of the commenters were these operators to transport passengers found by the Secretary of Transportation needing special care or treatment across state opposed to making the FMCSRs lines to facilities located in bordering states. to be hazardous under section 5103 of applicable to the operation of small These transportation operators receive this title and transported in a quantity passenger-carrying CMVs. However, funding and compensation for their services requiring placarding under regulations several commenters believed it is from local, state and federal funds and have prescribed by the Secretary under necessary to regulate these vehicles and, been considered as ‘‘eligible transit section 5103. in certain cases, identified what they operators’’ by the FHWA pursuant to the ICC Under section 4008(b), operators of believe are the specific safety issues Termination Act of 1995. Vehicles operated by these providers mainly consist of 15 the CMVs defined by section section 4008(a) was intended to resolve. 31132(1)(B) will automatically become passenger vans. These operators are currently subject to the FMCSRs one year after the Comments Opposed to Making the exempted from the FMCSR since the 15 FMCSRs Applicable to Small CMVs passenger vehicles operated do not meet the date of enactment of TEA–21, if they are definition of a ‘‘commercial motor vehicle’’ not already covered, ‘‘except to the The majority of the commenters in 49 U.S.C. Section 31132 . These operators extent that the Secretary [of opposed to the rulemaking were are also exempted from the FHWA insurance Transportation] determines, through a organizers and members of vanpools, requirements for interstate motor vehicles by rulemaking proceeding, that it is and State and local agencies and [49 U.S.C. 31138(e)(4)]. appropriate to exempt such operators of vanpool associations that believe The Iowa Department of commercial motor vehicles from the implementing section 4008(a) of TEA– Transportation expressed concerns that application of those regulations.’’ 21 would adversely impact vanpool regulating small passenger-carrying The FHWA views section 4008 of participation by imposing more CMVs would adversely impact motor TEA–21 as a mandate either to impose stringent standards on drivers of these carrier safety programs by using limited the FMCSRs on previously unregulated vehicles. Some of the commenters enforcement resources to regulate the smaller capacity vehicles, or to exempt argued there was no data to support entities operating these vehicles. The through a rulemaking proceeding some imposing the FMCSRs on the operators agency stated: or all of the operators of such vehicles. of small CMVs while others emphasized State and local enforcement agencies have Although the House Conference Report the adverse impacts the rulemaking numerous enforcement demands on the (H.R. Conf. Rep. No. 104–422 (1995)) on could have on transportation providers regulation of straight trucks, truck tractors, the ICCTA definitional change directed for elderly and disabled citizens. tractors with semi-trailers, double bottoms, the agency not to impose on the States Commenting on the issue of buses, and vehicles transporting hazardous (as grant conditions under the Motor commuter transportation, the Southern materials. Expanding the motor carriers Carrier Safety Assistance Program California Association of Governments safety requirements to passenger carrying (MCSAP)) the burden of regulating a vehicles will be costly and a strain on stated: inspector availability for what appears to be new population of carriers covered by The proposed expanded regulation would little public benefit. the definition, no such restriction is reduce the current number of commuters In a period when zero-based regulations included in TEA–21 or its legislative willing to volunteer to serve as vanpool are/have been developed and implemented, history. The mandate of TEA–21 is thus drivers and back-up drivers. Members of a is it logical to expand the definition of a stricter than that of the ICCTA. Still, the vanpool agree to the obligation on a commercial motor vehicle to include 8- FHWA is authorized to undertake volunteer basis within the commuting group. passenger vehicles? If 8-passenger vehicles rulemaking to exempt some of these Currently, a free or partially subsidized are included, why not 6-passenger vehicles? passenger vehicles from the FMCSRs. commute and personal use of the vanpool Are we beginning to over-regulate? Safety is vehicles on evenings and weekends is still a major issue in conducting inspections. En- FHWA’s Advance Notice of Proposed not enough of an attraction for a large route inspections are kept to a minimum for Rulemaking number of commuters. The proposed buses. To protect passengers during an additional requirements, which include inspection requires special considerations On August 5, 1998 (63 FR 41766), the minimum driver training, written testing, and planning. Adding 8-passenger vehicles FHWA published an advance notice of behind-the-wheel testing, medical will continue to complicate inspection proposed rulemaking (ANPRM) to qualifications, drug and alcohol testing, procedures with risks to passengers.

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The Oregon Department of under the jurisdiction of the motor carrier limousines in use that would be affected by Transportation, Motor Carrier safety regulations. As stated in the advanced the definitional change. It should be noted Transportation Branch, also expressed notice of proposed rulemaking: request for that there are over 9000 limousine operators comment, ‘‘vans and pickup trucks are more nationwide (also operating premium sedan opposition to adopting the new analogous to automobiles than to medium definition of CMV. The Motor Carrier services), and that the median fleet size is and heavy commercial vehicles, and can be less than 5. In addition, the average annual Transportation Branch (MCTB) stated: best regulated under State licensing, miles operated by limousines is The MCTB does not understand why the inspection, and traffic surveillance procedures. approximately 23,000 miles. definition of commercial motor vehicle was ITLA estimates that there are amended in the [TEA–21] to include vehicles The International Taxicab and Livery approximately 74,000 vans nationwide ‘‘ the designed or used to transport more than eight Association (ITLA) opposed adopting breakdown between ‘‘mini-vans’’ and those passengers (including the driver) for the new definition of CMV and affected by the proposed definition is not compensation. Further, the MCTB questions provided estimates of the number of available. Van fleets average less than 10 whether including these smaller vehicles will businesses that would be affected by the vans, with an approximate annual mileage of improve highway safety. rulemaking, as well as the number of 40,000 per vehicle, and an average trip length [I]t is not apparent that these smaller vehicles and drivers that would be of less than 8 miles lasting significantly less vehicles represent a significant danger. In subject to Federal safety requirements if than 1 hour. fact, this move to regulate smaller vehicles contradicts the current Motor Carrier the FHWA implemented section 4008 of In September of 1998, the American Regulatory Relief and Safety Demonstration the TEA–21. The ITLA stated: Business Information (a mailing list Project. Little, if any, safety benefit may According to information available to sales company) released a sales catalog result in including these smaller vehicles ITLA, there are approximately 50,000 that reports the following information:

Number of SIC code Type of service U.S. companies

4111±01 ...... Airport Transportation ...... 4,752 4119±01 ...... Handicapped Transportation ...... 1,302 4119±03 ...... Limousine Transportation ...... 9,482 4121±01 ...... Taxicab Transportation ...... 7,348

Total ...... 22,884

The ITLA indicated that if the FHWA Texas and the southwestern states. In fact, inventory for the sole purpose of avoiding the decides to make the FMCSRs applicable the problem was so severe in Texas that costs and efforts associated with compliance to the operation of small passenger- McAllen City officials petitioned the ICC to with the FMCSRs. Attitudes displayed carrying vehicles, approximately 14,000 severely restrict the motor carrier commercial towards safety in these instances are zone surrounding that city. generally very casual in nature and cause companies, 125,000 vehicles, and Subsequent research by UMA and its considerable concern. It should be noted that 165,000 drivers would be covered. operator member companies indicate that the we also see non-CMV carriers whose efforts Comments in Support of Making the problem is not simply a southern border to provide safe transportation should be issue. It is a growing problem that is National FMCSRs Applicable to Small CMVs commended since they apply the standards in scope. Exempted passenger carriers published in the FMCSRs even though not Of the 733 comments submitted in recognize that municipal commercial zones required. provide a safe haven from federal safety response to the agency’s ANPRM, only Greyhound stated: regulations. These protected and unregulated Commercial van interstate service has a few (less than 13) expressed support interstate bus operators perform identical grown dramatically in recent years. It is for implementing section 4008(a). The service to that of the regulated companies difficult to document the precise size of the reasons for supporting the adoption of that provide bus service using larger vehicles. population of commercial vans or their the revised definition of a CMV varied The unregulated carriers are very aware of growth because the federal government from the belief that highway safety their current exempt status. They have historically has not regulated them and thus would be improved if the commercial generally used large vans or mini-buses with has not kept statistics on them. However, driver’s license and controlled a seating capacity of fewer than 15 reports of Greyhound managers throughout substances and alcohol testing rules passengers to escape compliance to Federal the country have made it clear that Motor Carrier Safety Regulations (FMCSRs). were applicable to drivers of small commercial van interstate service has grown (Manufacturers of these small buses routinely significantly. passenger-carrying vehicles, to the belief market the vehicles by highlighting their In 1995, Greyhound documented that that applying the safety regulations to regulation exempt status in their growth with a report focusing on one city, these vehicles would improve school promotions.) In the majority of instances, Houston. That report, which was shared with bus transportation. None of the unregulated service providers operate out of DOT and Congress, showed that there were commenters in support of regulating urban locations that fall within the literally dozens of operators performing van small passenger-carrying vehicles commercial zone classification. UMA does and bus service from points in Mexico to believed implementing section 4008(a) not consider this exemption to be fair or destinations throughout the United States. of the TEA–21 would result in adverse equitable and believes that passenger safety Some of the bus service was licensed as is compromised. impacts to those businesses. ‘‘charter and tour’’ service and thus was Consolidated Safety Services stated: regulated, but none of the van service was, The United Motor Coach Association During ten years of reviewing the level of or is, subject to any federal safety regulation. (UMA) stated: compliance with applicable regulations by UMA’s reason for pursuing a legislative companies offering passenger travel, we have With regard to the impacts section change stemmed from the rising tide of seen regulatory standards for non-CMV 4008(a) of TEA–21 would have on uninsured and/or unsafe carriers operating vehicle operations that range from student transportation, the National from or through commercial zones (as comprehensive to non-existent. We routinely School Transportation Association defined in 49 CFR Part 372), particularly in see companies who restrict equipment (NSTA) stated:

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NSTA supports the proposal to revise the for compensation in interstate Also, the Customs Service does not definition of ‘‘commercial motor vehicle’’ to commerce. The absence of such data collect CMV accident statistics. include vehicles designed to transport more makes it difficult to determine whether The FHWA believes it is than 8 passengers. NSTA has long held the inappropriate to make the FMCSRs position that all school-age children deserve the accident involvement of these the highest standard of safety, regardless of vehicles warrants Federal regulation. applicable to the operation of small who owns the vehicle, who operates the For example, the agency is unable to passenger-carrying vehicles unless there vehicle, or how many passengers the vehicle determine whether the number of is data to suggest operational safety will seat. This proposal will bring all accidents for this population of CMVs problems. vehicles operating in similar capacity under suggests these vehicles are over the same regulations. Estimating the Population of Motor represented in crashes involving Carriers, Drivers, and Vehicles Among the State agencies that support fatalities, injuries, or disabling damage the TEA–21 provision, the Colorado to one or more vehicles (i.e., whether In addition to difficulties in Highway Patrol indicated there are the number of accidents is greater than evaluating the safety performance of safety benefits to regulating smaller one would expect given the population motor carriers operating small vehicles. The Colorado Highway Patrol of vehicles), which in turn may be an passenger-carrying vehicles, the FHWA stated: indicator of problems with the safety has limited information on the number management controls for the motor of vehicles and drivers that would be The Colorado State Patrol supports the covered by the FMCSRs. The FHWA has revision which would require a ‘‘Commercial carriers operating the vehicles. Also, the FHWA does not have information that reviewed its database of for-hire motor vehicle designed or used to transport more carriers of passengers who have than 8 passengers (including the driver) for would enable the agency to examine the compensation’’ to be subject to the FMCSR’s causes of or contributing factors to interstate operating authority. Although TEA–21 did not define the with qualifications identified below. Most of accidents these motor carriers are term ‘‘for compensation’’ as used in the these vehicles were subject to regulation typically involved in to determine amended definition of CMV, the FHWA under the ICC prior to its termination in which, if any, of the FMCSRs could 1995. Why should passenger carriers, subject has, for the purpose of this rulemaking to prior regulation by the ICC, be released have made a difference in the outcome. and analysis, focused on for-hire motor from regulatory requirements under FHWA? The FHWA has reviewed information carriers of passengers operating vehicles In Colorado the Public Utilities Commission from the National Highway Traffic designed to transport less than 16 (COPUC) already regulates for-hire passenger Safety Administration’s (NHTSA) passengers, including the driver. These carriers (including taxi cabs). This rule Fatality Analysis Reporting System should not apply to private motor carrier of carriers are currently required to obtain (FARS) and General Estimates System operating authority from the FHWA (49 passengers (PMCP), business and non- (GES) and determined that there is business, (as defined in 390.5). CFR 365). information concerning the accident As of April 1999, there are 1,636 for- FHWA Response to Comments involvement of the class of vehicles hire motor carriers of passengers with The FHWA has considered all of the covered by section 4008 of the TEA–21, active authority. Each of these carriers comments received in response to the but no practical means to distinguish has on file with the FHWA proof of ANPRM and determined there is between accidents involving interstate financial responsibility at the minimum insufficient data concerning the safety motor carriers of passengers (either level required for the operation of performance of motor carriers operating private or for-hire) and those involving vehicles designed to transport less than CMVs designed or used to transport 9 to intrastate motor carriers, or those 16 passengers. This number does not 15 passengers (including the driver) for involving commuter vanpools operated include pending applications for compensation, to justify making the by individuals and not in the operating authority, passenger carriers FMCSRs applicable to them at this time. furtherance of a commercial enterprise. shown as inactive because their Commenters to the docket have The FHWA also searched for authority was revoked for failure to expressed opinions for and against information from the National maintain evidence of the required regulating operators of passenger- Transportation Safety Board (NTSB) and minimum levels of financial carrying vehicles designed to transport the Customs Service—because some responsibility, or private motor carriers 9 to 15 passengers (including the driver) commenters made reference to the of passengers. There is no indication but none of the commenters have operational safety of motor carriers that Congress intended the FHWA to presented safety data that could be transporting passengers to and from consider regulating private motor useful in deciding whether to regulate Mexico—to better understand safety carriers of passengers (as defined in 49 such motor carriers. While the FHWA issues concerning the operation of small CFR 390.5) operating vehicles designed acknowledges that there may be safety passenger-carrying vehicles. The NTSB to transport less than 16 passengers so benefits to extending the applicability of has no published studies indicating a the agency has not made an effort to the FMCSRs to the operation of small safety problem with this population of estimate the number of such carriers. passenger-carrying CMVs for motor carriers. The Customs Service, The FHWA has information on the compensation, a mere assumption does while maintaining records on the number of for-hire motor carriers of not satisfy the agency’s obligation to number of vehicles crossing the border, passengers who have complied with the quantify the benefits of rulemaking and does not have information on either the operating authority requirements, but to prove that the benefits exceed the actual number of Mexican-owned CMVs the agency does not have data on the costs to the relevant segment of the that enter the U.S., or on how many of number of drivers employed by these industry and U.S. consumers. each type of CMV enter the country. The motor carriers. The FHWA cannot Customs Service does not record determine what percentage of these Safety Performance Data information on each vehicle, or whether drivers would meet the applicable The FHWA is not aware of any the vehicle is operated by a U.S. or requirements of part 391 on driver accident databases that would enable foreign motor carrier. To further qualifications or how their typical work the agency to estimate the annual complicate matters, many vehicles used schedules would be disrupted by having accident involvement of small in cross-border operations may go to comply with part 395 concerning passenger-carrying vehicles, operated through customs more than once a day. hours of service for drivers. Therefore,

VerDate 18-JUN-99 12:35 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\A03SE0.143 pfrm08 PsN: 03SER3 48514 Federal Register / Vol. 64, No. 171 / Friday, September 3, 1999 / Rules and Regulations the FHWA can estimate neither the intended the agency to regulate to cover unexpected costs or losses of costs nor the benefits of applying the commuter vanpools. The use of the revenue during periods in which driver-related requirements of the phrase ‘‘for compensation’’ in section vanpool membership decreases. The FMCSRs to the vehicle operators based 4008 of TEA–21 suggests that the FHWA, however, does not believe that on the information currently in its implementing regulations be limited to this type of arrangement should be databases. vans operated in the furtherance of a considered ‘‘for compensation’’ and In short, the FHWA believes the commercial enterprise, which is does not intend to regulate such ITLA’s estimates of the number of small generally not the case for commuter operations. The agency requests passenger-carrying vehicles (or their vanpools. Certain vanpool services may, comments on the nature of these drivers) operating in interstate depending on whether the FHWA operations. commerce for compensation should be regulates the operation of small Minimum Levels of Driver Training and considered, but cannot confirm the passenger-carrying vehicles and how the Testing accuracy of those estimates. The FHWA agency interprets or defines ‘‘for cannot estimate with certainty the compensation,’’ be subject to the safety Although numerous commenters regulatory burden associated with regulations. However, the agency does argued against adopting the TEA–21 making parts 391, 395, or 393 applicable not intend to regulate commuter definition of CMV because they believe to these drivers and CMVs. However, in vanpools that are not operated in the the FMCSRs require a minimum of 8 a separate rulemaking action published furtherance of a commercial enterprise. hours of driver training, a written test, elsewhere in today’s Federal Register, The FHWA considers the phrase ‘‘for and a road test, these arguments are the agency is proposing certain compensation’’ to be synonymous with based upon a misunderstanding of the requirements to improve its ability to ‘‘for hire.’’ On April 4, 1997 (62 FR current safety regulations, and an gather data about the operators of small 16370), the FHWA published Regulatory assumption that all driver-related passenger-carrying vehicles. Guidance for the Federal Motor Carrier FMCSRs would be applicable to drivers Safety Regulations. Page 16407 of that of small passenger-carrying CMVs. Commercial Driver’s License and notice includes an interpretation of ‘‘for- If the FHWA made the FMCSRs Controlled Substances and Alcohol hire motor carrier.’’ The guidance states: applicable to drivers of small passenger- Testing carrying CMVs, the drivers of such The FHWA has determined that any Many of the commenters, both for and business (emphasis added) entity that vehicles would, unless an exception against extending the applicability of assesses a fee, monetary or otherwise, were provided, be required to comply the FMCSRs to small passenger-carrying directly or indirectly for the transportation of with all of the provisions of part 391, CMVs, misconstrued section 4008 as passengers is operating as a for-hire carrier. Qualifications of Drivers. However, part mandating application of the CDL and Thus, the transportation for compensation in 391 does not require that drivers of controlled substances and alcohol interstate commerce of passengers by motor CMVs have 8 hours of training. Section testing rules (parts 383 and 382, vehicles (except in six-passenger taxicabs 391.11 requires that drivers be capable respectively) to the drivers of such operating on fixed routes) in the following of operating safely the CMV they are operations would typically be subject to all vehicles. Section 4008 does not amend parts of the FMCSRs, including part 387: assigned, and have a valid operator’s the CMV definition used for those whitewater river rafters; hotel/motel shuttle license issued by only one State or programs (49 U.S.C. 31301). Therefore, transporters; rental car shuttle services, etc. jurisdiction. The determination of the the potential benefits that some These are examples of for-hire carriage driver’s ability may be based upon commenters argued would be associated because some fee is charged, usually experience, training, or both. The with imposing the CDL and controlled indirectly in a total package charge or other regulations do not specify a minimum substances and alcohol regulations can assessment for transportation performed. amount of training or experience. not be achieved. Conversely, The reference to six-passenger Section 391.11(b)(8) requires drivers commenters who argued against taxicabs operating on fixed routes was to successfully complete a road test, or adopting the amended CMV definition included in the guidance because of the present an operator’s license (or a on the assumption that it would make ICC Termination Act of 1995 (ICCTA) certificate of road test) to the motor parts 382 and 383 applicable, thereby (Pub. L. 104–88, 109 Stat. 803, 919). The carrier for acceptance as equivalent to a making it more difficult to find vanpool ICCTA amended the statutory definition road test. Section 391.33, Equivalent of drivers, were also mistaken. of a CMV prior to TEA–21, adding road test, allows motor carriers to accept Furthermore, since section 4008 is ‘‘designed or used to transport a CDL in lieu of administering a road targeted at the operation of passenger- passengers for compensation, but test if the driver was required to carrying vehicles for compensation, exclud(es) vehicles providing taxicab successfully complete a road test to vanpools would generally remain service and having a capacity of not obtain the license. If the FHWA required unregulated, as explained below. more than 6 passengers and not drivers of small passenger-carrying operated on a regular route or between vehicles to comply with all the Applicability of Section 4008 to specified places.’’ The TEA–21 resulted requirements of part 391, the agency Vanpools in the removal of this clause from the could consider allowing motor carriers The FHWA agrees with commenters definition of CMV. to accept a license other than a CDL if that the agency should not make the The FHWA understands that that license required a road test. Even if FMCSRs applicable to vanpools. The passengers in many vanpools pay a the agency required drivers to take road agency recognizes the importance of monthly fee to an individual, who either tests, the regulatory burden would be vanpools in reducing traffic congestion owns or leases the van. The FHWA does minimal. The operating characteristics and air pollution caused by automobile not believe this is a business. The of vehicles designed or used to transport emissions and agrees that having to individual uses this money not as a 9 to 15 passengers, including the driver, comply with the FMCSRs would source of income or in the furtherance are similar to vehicles most drivers are increase the costs of operating vanpools of a commercial enterprise, but to pay capable of driving (i.e., vans, full-sized and could make it more difficult to get for the van, insurance premiums, and sport utility vehicles, commuter vans), people to volunteer to drive vans. The maintenance. There may be surplus and the amount of time and effort FHWA does not believe Congress funds each month that are put in reserve needed to conduct the road test (as

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FHWA Decision The FHWA rescinded the written Given the statutory deadline of June 9, Rulemaking Analysis and Notices examination requirements of part 391 1999, for deciding whether to exempt Under the Administrative Procedure on November 23, 1994 (59 FR 60319). the operation of small passenger- Act (APA) (5 U.S.C. 553(b)), an agency carrying CMVs from the FMCSRs, the may waive the normal notice and Transportation of Children FHWA has decided that it is in the comment requirements if it finds, for In response to commenters that public interest temporarily to limit the good cause, that they are impracticable, believe the adoption of section 4008 applicability of the FMCSRs to the unnecessary, or contrary to the public would either enhance or reduce the motor carrier operations covered prior interest. transportation safety of school children, to the enactment of TEA–21. The FHWA In this case, notice and comment are the FHWA notes that the FMCSRs has no useful data on the relative safety unnecessary. The rule adopts the include exceptions for all school bus of small passenger CMVs. In the absence statutory definition of a ‘‘commercial operations (as defined in § 390.5), and of such data, the agency has no rational motor vehicle’’ and an exemption for transportation performed by the Federal basis for extending the FMCSRs to this passenger vehicles with a capacity of 9 government, a State, or any political class of vehicles. to 15, including the driver, that are subdivision of a State (§ 390.3(f)(2)). However, the FHWA believes that operated for compensation in interstate School bus operation means the use of action must be taken to learn more commerce. Because this rule makes the a school bus to transport school about the operational safety of motor applicability of the FMCSRs the same as children and/or school personnel from carriers operating small passenger before the enactment of TEA–21, and home to school and from school to vehicles for compensation. In a notice of codifies two minor TEA–21 home. School bus is defined (§ 390.5) as proposed rulemaking published amendments that eliminate a passenger motor vehicle designed to elsewhere in today’s Federal Register, jurisdictional loopholes from the CMV carry more than 10 passengers in the agency is proposing that these motor definition, the FHWA finds good cause addition to the driver, and used carriers be required to complete a motor to waive prior notice and comment. The primarily for school bus operations. carrier identification report (49 CFR current regulations were adopted School bus operations are not regulated 385.21), and comply with the FHWA’s through notice and comment by the FHWA, even when such CMV marking requirement (49 CFR rulemaking and do not require further operations are conducted by a for-hire 390.21) which would include displaying procedural review. Nonetheless, the motor carrier of passengers. Irrespective a USDOT motor carrier identification agency’s August 5, 1998 ANPRM (63 FR of the decision the FHWA ultimately number on all vehicles designed to 41766) sought information from makes concerning the applicability of transport 9 to 15 passengers for operators of small passenger vehicles the TEA–21 definition to small compensation in interstate commerce. and other interested parties; the FHWA passenger CMVs, vans used to transport The agency would also require that received more than 700 responses. As children to and from school would not these motor carriers be required to explained in the preamble, the be regulated as a result of that maintain an accident register (49 CFR commenters were overwhelmingly rulemaking. 390.15). opposed to the application of the FMCSRs to these vehicles. The most Applicability of Financial Responsibility Discussion of the Interim Final Rule significant conclusion drawn from those and Operating Authority Regulations The FHWA is amending the FMCSRs comments, and from every other source In response to commenters who to adopt the revised statutory definition the agency consulted, is that accident believe the FHWA should make the of CMV provided by section 4008 of data which would allow the FHWA to financial responsibility (49 CFR 387) TEA–21. The FHWA is revising its determine the relative safety of small and operating authority (49 CFR 365) definition of CMV found at § 390.5 and passenger CMVs, and thus to perform an requirements applicable to the operators adding a new paragraph (f)(6) to § 390.3 analysis of the costs and benefits of of small passenger-carrying vehicles, it giving operators of CMVs designed or subjecting them to the FMCSRs, is not should be noted that these requirements used to transport 9 to 15 passengers a currently available. The FHWA has are already applicable to for-hire motor six-month exemption from all of the therefore decided that it could not, carriers of passengers operating vehicles FMCSRs. The FHWA is exempting until consistent with the requirements of the designed to transport less than 16 March 6, 2000 the operation of small APA and other laws, impose on small passengers, with certain exceptions. The passenger-carrying vehicles from all of passenger CMVs the burdens of financial responsibility exceptions, the FMCSRs to allow time for the complying with the FMCSRs. Because however, cover many of the operations completion of a separate rulemaking this final rule establishes an exception of interest to commenters, e.g., school action published elsewhere in today’s to make the applicability of the FMCSRs bus operations and most vanpools (see Federal Register. As a result of this the same as before the enactment of § 387.27(b)(1), (3) and (4)). Since these action, the applicability of the FMCSRs TEA–21, and will remain in effect only exceptions are statutory (see 49 U.S.C. will be the same as before the enactment for 6 months while the agency solicits 31138(e)(1) and (3)), the FHWA has no of TEA–21 until that date. Therefore, and evaluates comments on the discretion to rescind them. Subpart B of entities that were not subject to the companion NPRM published elsewhere part 387 requires a minimum of $1.5 FMCSRs prior to the enactment of TEA– in today’s issue of the Federal Register, million in public liability for the 21 are not required to make changes in the FHWA finds that there is no need to operation of vehicles with a seating their operations to comply with the publish this temporary measure for capacity of 15 passengers or less, unless safety regulations. notice and comment. the vehicles fall into one of the exempt The FHWA, however, is adopting the As explained above, however, the categories. Part 365 requires for-hire statutory changes to the definition of FHWA also believes that operators of motor carriers to obtain operating CMV concerning the use of ‘‘gross these vehicles should be required to

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If the will not affect a substantial number of This rule does not impose an data demonstrate that a serious safety small entities. The FHWA is revising its unfunded Federal mandate, as defined problem exists, the FHWA could then regulatory definition of CMV, at 49 CFR by the Unfunded Mandates Reform Act propose to apply some or all of the 390.5, to be consistent with the statute, of 1995 (2 U.S.C. 1532 et seq.), that will FMCSRs to passenger vehicles with a but exempting temporarily the operation result in the expenditure by State, local, capacity of 9 to 15. of small passenger-carrying vehicles and tribal governments, in the aggregate, Accordingly, the FHWA finds that from all of the FMCSRs for six months or by the private sector, of $100 million there is good cause to waive prior notice to allow the agency to complete a or more in any one year. and comment for the limited reasons separate rulemaking action published Regulation Identification Number described above. For the same reasons, elsewhere in today’s Federal Register. the FHWA finds, pursuant to 5 U.S.C. As a result of this action, the A regulatory identification number 553(d)(3), that there is good cause for applicability of the FMCSRs will be the (RIN) is assigned to each regulatory making the interim final rule effective same as before the enactment of TEA– action listed in the Unified Agenda of upon publication. Comments received 21. Entities that were not subject to the Federal Regulations. The Regulatory will be considered in evaluating FMCSRs prior to the enactment of TEA– Information Service Center publishes whether any changes to this interim 21 are not required to make changes in the Unified Agenda in April and final rule are required. All comments their operations to comply with the October of each year. The RIN contained received before the close of business on safety regulations. The FHWA, in in the heading of this document can be the comment closing date indicated compliance with the Regulatory used to cross reference this action with above will be considered and will be Flexibility Act (5 U.S.C. 601–612), has the Unified Agenda. available for examination in the docket considered the economic impacts of this List of Subjects in 49 CFR Part 390 at the above address. Comments rulemaking on small entities and received after the comment closing date certifies that this rule will not have a Highway safety, Motor carriers, Motor will be filed in the docket and will be significant economic impact on a vehicle identification and marking, considered to the extent practicable. In substantial number of small entities. Reporting and record keeping addition to late comments, the FHWA The FHWA will reexamine this requirements. will also continue to file relevant certification after reviewing the Issued on: August 30, 1999. information in the docket as it becomes comments to this rule and the Kenneth R. Wykle, available after the comment period companion NPRM. Federal Highway Administrator. closing date, and interested persons should continue to examine the docket Executive Order 12612 (Federalism In consideration of the foregoing, the for new material. Assessment) FHWA amends title 49, Code of Federal Regulations, chapter III, as follows: Executive Order 12866 (Regulatory This action has been analyzed in Planning and Review) and DOT accordance with the principles and PART 390Ð[AMENDED] Regulatory Policies and Procedures criteria contained in Executive Order 12612, and it has been determined that 1. The authority citation for part 390 The FHWA has determined that this this rulemaking does not have sufficient continues to read as follows: action is a significant regulatory action Federalism implications to warrant the Authority: 49 U.S.C. 13301, 13902, 31132, within the meaning of Executive Order preparation of a Federalism assessment. 31133, 31136, 31502, and 31504; sec. 204, 12866 and significant within the Nothing in this document preempts any Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C. meaning of Department of State law or regulation. 701 note); and 49 CFR 1.48. Transportation regulatory policies and 2. Amend § 390.3 to revise paragraph procedures because of the substantial Executive Order 12372 (f)(5) by replacing the period with a public interest concerning the possible (Intergovernmental Review) semicolon, and add paragraph (f)(6) to extension of the applicability of the Catalog of Federal Domestic read as follows: FMCSRs to a larger population of motor Assistance Program Number 20.217, carrier operations. This interim final Motor Carrier Safety. The regulations § 390.3 General applicability. rule exempts temporarily from the implementing Executive Order 12372 * * * * * FMCSRs the operation of vehicles regarding intergovernmental (f) Exceptions. designed or used to carry between 9 and consultation on Federal programs and * * * * * 15 passengers (including the driver), for activities do not apply to this program. (6) The operation of commercial compensation in interstate commerce. Paperwork Reduction Act motor vehicles designed to transport As a result of this action, the less than 16 passengers (including the applicability of the FMCSRs is changed This action does not contain a driver) until March 6, 2000. to be the same as before the enactment collection of information requirement 2. Amend § 390.5 to revise the of section 4008. The FHWA is simply for the purposes of the Paperwork definition of ‘‘commercial motor establishing an exception until the Reduction Act of 1995 (44 U.S.C. 3501– vehicle’’ to read as follows: agency has better information upon 3520). which to make a determination of the § 390.5 Definitions. costs and benefits. The agency is not National Environmental Policy Act * * * * * making any estimate of either the costs The agency has analyzed this Commercial motor vehicle means any or benefits of either using the statutory rulemaking for the purpose of the self-propelled or towed motor vehicle

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DEPARTMENT OF TRANSPORTATION HCC–20, (202) 366–1354, Federal to be hazardous under section 5103 of Highway Administration, 400 Seventh this title and transported in a quantity Federal Highway Administration Street, SW., Washington, D.C. 20590– requiring placarding under regulations 0001. Office hours are from 7:45 a.m. to prescribed by the Secretary under 49 CFR Part 390 4:15 p.m., e.t., Monday through Friday, section 5103. [FHWA Docket No. FHWA±99±5710] except Federal holidays. Under section 4008(b) of TEA–21, SUPPLEMENTARY INFORMATION: operators of the CMVs defined by 49 RIN 2125±AE60 U.S.C. 31132(1)(B) will automatically Electronic Access Federal Motor Carrier Safety become subject to the FMCSRs one year Internet users can access all Regulations; Requirements for after the date of enactment of TEA–21, comments that were submitted to the Operators of Small Passenger- if they are not already covered, ‘‘except Docket Clerk, U.S. DOT Dockets, Room Carrying Commercial Motor Vehicles to the extent that the Secretary [of PL–401, 400 Seventh Street, SW., Transportation] determines, through a AGENCY: Federal Highway Washington, DC 20590–001, in response rulemaking proceeding, that it is Administration (FHWA), DOT. to previous rulemaking notices appropriate to exempt such operators of ACTION: Notice of proposed rulemaking; concerning the docket referenced at the commercial motor vehicles from the request for comments. beginning of this notice by using the application of those regulations.’’ universal resource locator (URL): The FHWA views section 4008 of SUMMARY: The FHWA is proposing to http://dms.dot.gov. It is available 24 TEA–21 as a mandate either to impose amend the Federal Motor Carrier Safety hours each day, 365 days each year. the FMCSRs on previously unregulated Regulations (FMCSRs) to require that Please follow the instructions online for smaller capacity vehicles, or to exempt motor carriers operating commercial more information and help. through a rulemaking proceeding some, An electronic copy of this document motor vehicles (CMVs) designed or used or all, of the operators of such vehicles. to transport between 9 and 15 may be downloaded using a modem and passengers (including the driver) for suitable communications software from FHWA’s Advance Notice of Proposed compensation file a motor carrier the Government Printing Office’s Rulemaking Electronic Bulletin Board Service at identification report, mark their CMVs On August 5, 1998 (63 FR 41766), the (202) 512–1661. Internet users may with a USDOT identification number FHWA published an advance notice of reach the Office of the Federal Register’s and certain other information (i.e., name proposed rulemaking (ANPRM) to home page at http://www.nara.gov/ or trade name and address of the announce that the agency was fedreg and the Government Printing principal place of business), and considering amending the FMCSRs in Office’s database at: http:// maintain an accident register. This response to section 4008(a) of the TEA– www.access.gpo.gov/nara. action is in response to the 21, to seek information about the Transportation Equity Act for the 21st Background potential impact of the TEA–21 Century (TEA–21). Section 4008(a) of Section 4008(a)(2) of TEA–21 (Pub. L. definition, and to request public TEA–21 amended the definition of the comment on whether any class of term ‘‘commercial motor vehicle’’ to 105–178, 112 Stat. 107, June 9, 1998) amended the passenger-vehicle vehicles should be exempted. The cover these vehicles. In a separate agency also requested comment on document published elsewhere in component of the CMV definition in 49 U.S.C. 31132(1). Section 4008 also whether the term ‘‘for compensation’’ today’s Federal Register the FHWA is may be interpreted to distinguish among adopting the statutory definition of a changed the weight threshold in the CMV definition by adding ‘‘gross the types of van services currently in CMV found at 49 U.S.C. 31132 to be existence. consistent with the statute, but is vehicle weight’’ (GVW) to the previous exempting for six months the operation ‘‘gross vehicle weight rating’’ (GVWR). Summary of the Comments to the of these small passenger-carrying The agency may now exercise ANPRM vehicles from all of the FMCSRs, to jurisdiction based on the GVW or GVWR, whichever is greater. For The FHWA received 733 comments in allow time for the completion of this response to the ANPRM. The rulemaking. example, a vehicle with a GVWR of 9,500 pounds that was loaded to 10,500 commenters included State and local DATES: Comments must be received on government agencies, transit authorities, or before November 2, 1999. pounds GVW would be subject to the FMCSRs if it was operating in interstate vanpool organizations, vanpool ADDRESSES: Submit written, signed commerce. Commercial motor vehicle is members, universities, trade comments to FHWA Docket No. FHWA– now defined (in 49 U.S.C 31132) to associations, and members of Congress, 99–5710, the Docket Clerk, U.S. DOT mean a self-propelled or towed vehicle as well as private citizens. Most (more Dockets, Room PL–401, 400 Seventh used on the highways in interstate than 720) of the commenters were Street, SW., Washington, DC 20590– commerce to transport passengers or opposed to making the FMCSRs 0001. All comments received will be property, if the vehicle— applicable to the operation of small available for examination at the above (A) Has a gross vehicle weight rating passenger-carrying CMVs. However, address from 9 a.m. to 5 p.m., e.t., or gross vehicle weight of at least 10,001 several commenters believed it is Monday through Friday, except Federal pounds, whichever is greater; necessary to regulate these vehicles and, holidays. Those desiring notification of (B) Is designed or used to transport in certain cases, identified what they receipt of comments must include a self- more than 8 passengers (including the believe are the specific safety issues addressed, stamped envelope or driver) for compensation; section 4008(a) was intended to resolve. postcard. (C) Is designed or used to transport A detailed discussion of the comments FOR FURTHER INFORMATION CONTACT: Mr. more than 15 passengers, including the is provided in an interim final rule, Larry W. Minor, Office of Motor Carrier driver, and is not used to transport published elsewhere in today’s Federal Research and Standards, HMCS–10, passengers for compensation; or Register, exempting these motor carriers (202) 366–4009; or Mr. Charles E. (D) Is used in transporting material from the FMCSRs for a period of six Medalen, Office of the Chief Counsel, found by the Secretary of Transportation months.

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Summary of the FHWA’s Response to maintain an accident register (49 CFR carriers also must maintain at the Comments 390.15). principal place of business, for a period of one year after an accident occurs, an As indicated in the interim final rule, Motor Carrier Identification Report accident register with the following the FHWA has considered all of the Section 385.21 of the FMCSRs comments received in response to the information: requires motor carriers to file Form (1) Date of the accident; ANPRM and determined there is MCS–150, Motor Carrier Identification (2) City or town in which or most near insufficient data concerning the safety Report, within 90 days after beginning where the accident occurred, and the performance of motor carriers operating operations in interstate commerce. The State in which the accident occurred; CMVs designed or used to transport 9 to information from the Form MCS–150 is (3) Driver’s name; 15 passenger (including the driver) for used to create a file in the Motor Carrier (4) Number of injuries; compensation, to justify making the Management Information System (5) Number of fatalities; and FMCSRs applicable to them. (MCMIS), a database containing safety (6) Whether hazardous materials, Commenters to the docket have information (e.g., compliance review other than fuel spilled from the fuel expressed opinions for and against results, roadside inspection results, tanks of the motor vehicles involved in regulating operators of passenger- CMV accidents, etc.) about interstate the accident, were released. carrying vehicles designed to transport motor carriers. Copies of all accident reports required 9 to 15 passengers (including the The FHWA is proposing that by State or other government entities or driver), but none of the commenters operators of small passenger-carrying insurers also must be maintained by the have presented safety data that could be CMVs be required to file Form MCS–150 motor carriers. useful in deciding whether to regulate to enable the agency to determine how The FHWA is proposing that such motor carriers. While the FHWA many motor carriers are affected by the operators of CMVs designed or used to acknowledges that there may be safety TEA–21 revision to the CMV definition, transport 9 to 15 passengers be required benefits to extending the applicability of the number of drivers employed and to comply with § 390.15 to assist the the FMCSRs to the operation of small vehicles operated by these carriers, and agency in conducting investigations passenger-carrying CMVs for the principal place of business for each and, if necessary, special studies about compensation, a mere assumption does of these entities. Each motor carrier the safety performance of particular not satisfy the agency’s obligation to would be assigned a USDOT census or motor carriers or segments of the quantify the benefits of rulemaking. identification number which, when industry. For example, if one of a motor Given the statutory deadline of June 9, marked on each CMV operated by the carrier’s vehicles is involved in a major 1999, for deciding whether to exempt motor carrier, could help enforcement accident or a series of accidents, the the operation of small passenger- officials and the general public identify FHWA could review the records carrying CMVs from the FMCSRs, the these businesses. required by § 390.15 as part of the FHWA has decided that it is in the process of determining whether there public interest to limit the applicability Vehicle Marking are deficiencies with the carrier’s safety of the FMCSRs to the motor carrier Section 390.21 requires that motor management controls. operations covered prior to the carriers mark their CMVs with the name Explanation of the Term ‘‘For enactment of TEA–21 for the time being. or trade name of the business, the city Compensation’’ The FHWA currently has no useful data or community and State in which the on the relative safety of small passenger motor carrier maintains its principal The TEA–21 definition of a passenger CMVs. In the absence of such data, the place of business, and its motor carrier CMV includes the phrase ‘‘for agency has no rational basis for identification number. The FHWA compensation’’ in 49 U.S.C. 31132(1)(B). extending the FMCSRs to this class of requests comments on the practical However, TEA–21 did not include a vehicles. Accordingly, in a separate utility of applying these marking definition of the phrase. The FHWA rulemaking document published requirements to the operators of small considers the term to be synonymous elsewhere in today’s Federal Register, passenger-carrying CMVs. The FHWA with ‘‘for hire.’’ The FHWA intends that the FHWA is exempting for a period of would require the operators of small this rulemaking be applicable to all six months, all of the operators of small passenger-carrying vehicles to comply interstate for-hire motor carriers of passenger-carrying CMVs from the with all the provisions of § 390.21 to passengers operating CMVs designed or FMCSRs to allow time for the ensure that enforcement officials and used to transport 9 to 15 people. completion of this rulemaking. the public can identify their vehicles Although some commenters to the FHWA’s ANPRM suggested that a Discussion of the Proposal and that accidents (as defined in 49 CFR 390.5) can be recorded by the States and distinction be made between motor The FHWA believes that action must entered into the FHWA’s SAFETYNET carriers that are ‘‘directly compensated’’ be taken to learn more about the database. The FHWA would use the and those that are ‘‘indirectly operational safety of motor carriers information to study the number and compensated,’’ the agency does not operating small passenger vehicles for locations of accidents, and the motor believe it is appropriate to exempt a for- compensation. The agency is proposing carriers involved, to determine if there hire motor carrier from the requirements that these motor carriers be required to are patterns or trends concerning the being proposed on the basis of how the complete a motor carrier identification safety performance of these carriers. motor carrier is paid for its services. The report (49 CFR 385.21), and comply FHWA requests comments on this issue. with the FHWA’s CMV marking Accident Register On April 4, 1997 (62 FR 16370), the regulation (49 CFR 390.21) which would Section 390.15 requires that motor FHWA published Regulatory Guidance include displaying a USDOT motor carriers make all records and for the Federal Motor Carrier Safety carrier identification number on all information pertaining to an accident Regulations. Page 16407 of that notice vehicles designed or used to transport 9 available to the FHWA upon request. includes an interpretation of ‘‘for-hire to 15 passengers for compensation in Motor carriers must give the FHWA all motor carrier.’’ The guidance states: interstate commerce. The agency would reasonable assistance in the The FHWA has determined that any also require that these motor carriers investigation of any accident. Motor business (emphasis added) entity that

VerDate 18-JUN-99 16:10 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\03SEP2.XXX pfrm09 PsN: 03SEP2 48520 Federal Register / Vol. 64, No. 171, Friday, September 3, 1999 / Proposed Rules assesses a fee, monetary or otherwise, Rulemaking Analysis and Notices number of vehicles the motor carrier directly or indirectly for the transportation of All comments received before the operates. The cost estimates are based passengers is operating as a for-hire carrier. upon the FHWA’s preliminary Thus, the transportation for compensation in close of business on the comment interstate commerce of passengers by motor closing date indicated above will be regulatory evaluation and regulatory vehicles (except in six-passenger taxicabs considered and will be available for flexibility analysis prepared for the June operating on fixed routes) in the following examination in the docket at the above 16, 1998 (63 FR 32801), notice of operations would typically be subject to all address. Comments received after the proposed rulemaking about CMV parts of the FMCSRs, including part 387: comment closing date will be filed in marking requirements. The complete whitewater river rafters; hotel/motel shuttle the docket and will be considered to the regulatory evaluation and regulatory transporters; rental car shuttle services, etc. flexibility analysis are included in These are examples of for-hire carriage extent practicable. In addition to late because some fee is charged, usually comments, the FHWA will also FHWA Docket No. FHWA–98–3547. indirectly in a total package charge or other continue to file relevant information in Since motor carriers operating CMVs assessment for transportation performed. the docket as it becomes available after designed or used to transport 9 to 15 The reference to six-passenger the comment period closing date, and passengers currently are not required to taxicabs operating on fixed routes was interested persons should continue to complete Form MCS–150, the FHWA included in the guidance because of the examine the docket for new material. does not have sufficient data to estimate ICC Termination Act of 1995 (ICCTA) Executive Order 12866 (Regulatory the total number of CMVs that would (Pub. L. 104–88, 109 Stat. 803, 919). The Planning and Review) and DOT need to be marked in accordance with ICCTA amended the statutory definition Regulatory Policies and Procedures § 390.21. However, one of the of a CMV prior to TEA–21, adding commenters responding to the FHWA’s ‘‘designed or used to transport The FHWA has determined that this August 5, 1998, ANPRM (63 FR 41766) passengers for compensation, but action is a significant regulatory action provided information that may be useful exclud(es) vehicles providing taxicab within the meaning of Executive Order in estimating the population of vehicles service and having a capacity of not 12866 and significant within the that would need to be marked. The more than 6 passengers and not meaning of Department of International Taxicab and Livery operated on a regular route or between Transportation regulatory policies and Association (ITLA) stated: specified places.’’ The TEA–21 resulted procedures because of the substantial in the removal of this clause from the public interest concerning the possible According to information available to definition of CMV. extension of the applicability of the ITLA, there are approximately 50,000 An example of transportation that FMCSRs to a larger population of motor limousines in use that would be affected would not be covered by this carrier operations. This rulemaking by the definitional change. It should be rulemaking is commuter vanpools. The proposal would require that operators of noted that there are over 9000 limousine FHWA understands that passengers in vehicles designed or used to carry operators nationwide (also operating many vanpools pay a monthly fee to an between 9 and 15 passengers (including premium sedan services), and that the individual, who either owns or leases the driver), for compensation in median fleet size is less than 5. In the van. The FHWA does not believe interstate commerce file a motor carrier addition, the average annual miles this is a business. The individual uses identification report, mark their CMVs operated by limousines is this money not as a source of income or with a USDOT identification number, approximately 23,000 miles. in the furtherance of a commercial and maintain an accident register. ITLA estimates that there are enterprise, but to pay for the van, The FHWA believes the costs of approximately 74,000 vans insurance premiums, fuel, and complying with the requirements to nationwide—‘‘the breakdown between maintenance. There may be surplus submit a motor carrier identification ‘‘mini-vans’’ and those affected by the funds each month that are put in reserve report and to maintain an accident to cover unexpected costs, or losses of register are negligible. These proposed definition is not available. revenue during periods in which requirements impose only information Van fleets average less than 10 vans, vanpool membership decreases. The collection burdens (i.e., completion of with an approximate annual mileage of FHWA, however, does not believe that forms, recordkeeping, etc.) and are 40,000 per vehicle, and an average trip this type of arrangement should be discussed in greater detail below in the length of less than 8 miles lasting considered ‘‘for compensation’’ and ‘‘Paperwork Reduction Act’’ section of significantly less than 1 hour. does not intend to regulate such this notice. In September of 1998, the American operations. The agency requests The FHWA estimates that the cost of Business Information (a mailing list comments on the nature of these marking CMVs will be between $11 and sales company) released a sales catalog operations. $26 per vehicle depending on the that reports the following information:

Number of SIC code Type of service U.S. compa- nies

4111±01 ...... Airport Transportation ...... 4,752 4119±01 ...... Handicapped Transportation ...... 1,302 4119±03 ...... Limousine Transportation ...... 9,482 4121±01 ...... Taxicab Transportation ...... 7,348

Total ...... 22,884

The ITLA indicated that, if the FHWA carrying vehicles, approximately 14,000 there are 125,000 vehicles designed or decides to make the FMCSRs applicable companies, 125,000 vehicles, and used to transport 9 to 15 passengers for to the operation of small passenger- 165,000 drivers would be covered. If compensation in interstate commerce,

VerDate 18-JUN-99 16:10 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\03SEP2.XXX pfrm09 PsN: 03SEP2 Federal Register / Vol. 64, No. 171, Friday, September 3, 1999 / Proposed Rules 48521 the costs to the industry for marking $336 and $1,584. And, for a fleet of 100 Federal agencies must obtain approval CMVs could be between $1,375,000 and to 999 vehicles the cost per vehicle from the Office of Management and $3,250,000. The costs are one-time marking would decrease to $11. The Budget (OMB) for each collection of expenses and would not be recurring. total fleet cost would be between $1,100 information they conduct, sponsor, or Generally, the marking would last the and $10,989. require through regulations. The FHWA normal life of the vehicle. For the purpose of this rulemaking has determined that this proposal At this time, the FHWA is not able to analysis, the FHWA will use the ITLA contains new collection of information specifically quantify the safety benefits estimate for the number of business, requirements for the purposes of the resulting from requiring CMVs to be vehicles, and drivers. The FHWA’s data PRA. The FHWA is proposing that marked. The requirement is necessary concerning carriers that have operating motor carriers operating CMVs designed because it would be used to monitor the authority can only be used to identify or used to transport 9 to 15 passengers safety performance of these motor 1,636 interstate motor carriers operating meet the vehicle marking requirements carriers. The safety performance data vehicles designed or used to transport 9 at 49 CFR 390.21. The FHWA believes ultimately would be used to determine to 15 passengers. The agency believes it is important that CMVs be properly whether there are safety problems with there are many more carriers and that marked so that the public has an operators of small passenger-carrying the ITLA’s estimate appears to be a effective means to identify motor CMVs, and whether other FMCSRs reasonable number. The FHWA requests carriers operating in an unsafe manner. should be made applicable to them. The comments on the number of motor Such markings will also assist Federal FHWA specifically requests comments carriers that would be subject to the and State officials in accident on the potential costs and benefits of the proposed requirements, and the number investigations. proposed requirements. of such carriers that are classified as The information collection The FHWA has considered other small businesses. requirements contained on Form MCS– rulemaking options such as, not Based on its analysis summarized 150 have been approved by the OMB imposing any regulatory burdens on above, the FHWA believes that this under the provisions of the PRA and these motor carriers, excluding the rulemaking could affect a substantial assigned the control number of 2125– marking requirements from this number of small entities, but would not 0544 which expires on January 31, 2000. rulemaking proposal, or imposing more have a significant impact on these The FHWA estimates it takes stringent requirements. The agency entities. For example, if a small entity approximately 20 minutes for interstate believes the option chosen would be operated between 7 and 20 CMVs, the motor carriers to complete a Form MCS– most effective at helping to achieve its total cost per vehicle marking would be 150. The agency estimates that as a objective to monitor the safety $21. The total cost for the motor result of this rulemaking, 14,000 performance of these passenger carriers. carrier’s fleet would be between $147 interstate motor carriers, currently not Based upon the information above, the and $420. The FHWA does not consider subject to the FHWA’s safety agency anticipates that the economic this total fleet cost to be a significant regulations, would have to complete the impact associated with this rulemaking impact on a business operating 20 Form MCS–150. Motor carriers are action is minimal and a full regulatory vehicles. The FHWA, in compliance required to complete the form within 90 evaluation is not necessary. with the Regulatory Flexibility Act (5 days after beginning operations. Motor Regulatory Flexibility Act U.S.C. 601–612), has considered the carriers may have the information economic impacts of the proposed updated but are not required to The FHWA has considered the effects requirements on small entities and periodically submit a new Form MCS– of this regulatory action on small certifies that this rule would not have a 150. Therefore, the FHWA estimates an entities and determined that this significant economic impact on a additional burden of 4,667 hours [(20 proposal could affect a substantial × substantial number of small entities. minutes per motor carrier 14,000 number of small entities, but would not motor carriers)/60 minutes per hour] to have a significant impact on these Executive Order 12612 (Federalism OMB 2125–0544. Because this action entities. If the ITLA’s estimate of 14,000 Assessment) contains a proposal to require interstate motor carriers operating CMVs This action has been analyzed in businesses currently not subject to 49 designed or used to transport 9 to 15 accordance with the principles and CFR 385.21 to file the Form MCS–150, passengers is accurate, and most or all criteria contained in Executive Order the FHWA is required to resubmit this of these businesses are classified as 12612, and it has been determined that proposed collection of information, as small businesses by the Small Business this rulemaking does not have sufficient revised, to OMB for review and Administration (SBA), the rulemaking Federalism implications to warrant the approval. Accordingly, the FHWA seeks would affect up to 14,000 small entities. preparation of a Federalism assessment. public comment on this proposed Generally, the costs per vehicle for Nothing in this document directly information collection requirement. small companies to mark their CMVs preempts any State law or regulation. The information collection would be greater than those for large requirements for the accident register companies. If a motor carrier has Executive Order 12372 have been approved by the OMB under between 1 to 6 vehicles, the total cost (Intergovernmental Review) the provisions of the PRA and assigned per vehicle for marking is estimated at Catalog of Federal Domestic the control number of 2125–0526 which $26. The motor carrier’s total cost would Assistance Program Number 20.217, expires on August 31, 2002. The FHWA therefore be between $26 and $156. For Motor Carrier Safety. The regulations estimates it takes approximately 18 a motor carrier operating 7 to 20 CMVs, implementing Executive Order 12372 minutes for interstate motor carriers to the total cost per vehicle marking would regarding intergovernmental collect and record the seven elements of be $21. The total cost for the motor consultation on Federal programs and information on the accident register. carrier’s fleet would be between $147 activities do not apply to this program. However, since the FHWA does not and $420. For a fleet of 21–99 vehicles, have sufficient information to estimate the total cost per vehicle marking would Paperwork Reduction Act the number of accidents operators of decrease to $16. The total cost for the Under the Paperwork Reduction Act small passenger-carrying CMVs have motor carrier’s fleet would be between of 1995 (PRA) (44 U.S.C. 3501–3520), each year, the agency is unable to

VerDate 18-JUN-99 16:10 Sep 02, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\03SEP2.XXX pfrm09 PsN: 03SEP2 48522 Federal Register / Vol. 64, No. 171, Friday, September 3, 1999 / Proposed Rules estimate the total time burden. If each National Environmental Policy Act of Issued on: August 30, 1999. of the estimated 14,000 interstate motor 1969 (42 U.S.C. 4321 et seq.) and has Kenneth R. Wykle, carriers operating small passenger- determined that this action does not Federal Highway Administrator. carrying vehicles has one accident per have any effect on the quality of the In consideration of the foregoing, the year, an additional burden of 4,200 environment. FHWA proposes to amend title 49, Code hours per year [(18 minutes per motor of Federal Regulations, chapter III, as carrier × 14,000 motor carriers)/60 Unfunded Mandates Reform Act follows: minutes per hour] would be added to This rule does not impose an OMB No. 2125–0526. Because this unfunded Federal mandate, as defined PART 390Ð[AMENDED] action contains a proposal to require by the Unfunded Mandates Reform Act businesses currently not subject to 49 1. The authority citation for part 390 CFR 390.15 to maintain an accident of 1995 (2 U.S.C. 1532 et seq.), that will continues to read as follows: register, the FHWA is required to result in the expenditure by State, local, and tribal governments, in the aggregate, Authority: 49 U.S.C. 13301, 13902, 31132, resubmit this proposed collection of 31133, 31136, 31502, and 31504; sec. 204, information, as revised, to OMB for or by the private sector, of $100 million Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C. review and approval. Accordingly, the or more in any one year. 701 note); and 49 CFR 1.48. FHWA seeks public comment on this Regulation Identification Number 2. Amend § 390.3 to revise paragraph proposed information collection (f)(6) to read as follows: requirement. A regulatory identification number Interested parties are invited to send (RIN) is assigned to each regulatory § 390.3 General Applicability. comments regarding any aspect of these action listed in the Unified Agenda of * * * * * information collection requirements, Federal Regulations. The Regulatory (f) Exceptions. including, but not limited to: (1) Information Service Center publishes * * * * * Whether the collection of information is the Unified Agenda in April and (6) The operation of commercial necessary for the performance of the October of each year. The RIN contained motor vehicles designed to transport functions of the FHWA, including in the heading of this document can be less than 16 passengers (including the whether the information has practical used to cross reference this action with driver). However, motor carriers utility; (2) the accuracy of the estimated the Unified Agenda. operating these vehicles for burden; (3) ways to enhance the quality, compensation are required to comply utility, and clarity of the collection List of Subjects 49 CFR Part 390 with 49 CFR 385.21, Motor carrier information; and (4) ways to minimize identification report, 49 CFR 390.15, the collection burden without reducing Highway safety, Motor carriers, Motor vehicle identification and marking, Assistance in investigations and special the quality of the information collected. studies, and 49 CFR 390.21, Marking of Reporting and recordkeeping commercial motor vehicles. National Environmental Policy Act requirements. The agency has analyzed this [FR Doc. 99–23027 Filed 9–2–99; 8:45 am] rulemaking for the purpose of the BILLING CODE 4910±22±P

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DEPARTMENT OF LABOR of the minimum rates of wages to be approximately $618,000 in 1999 and paid under section 8 of the FLSA to $1.4 million (cumulative) in 2000. Thus Wage and Hour Division employees within the industries, and this rule is not expected to result in a gave notice of a hearing to be held by rule that may (1) have an annual effect 29 CFR Part 697 the Committee. on the economy of $100 million or more Subsequent to an investigation and a or adversely affect in a material way the Industries in American Samoa; Wage hearing conducted in Pago Pago economy, a sector of the economy, Order pursuant to the notice, the Committee productivity, competition, jobs, the AGENCY: Wage and Hour Division, filed with the Administrator of the Wage environment, public health or safety, or Employment Standards Administration, and Hour Division a report containing State, local, or tribal governments or Labor. its findings of fact and communities; (2) create a serious recommendations with respect to ACTION: Final rule. inconsistency or otherwise interfere minimum wage rates for various with an action taken or planned by SUMMARY: Under the Fair Labor industry classifications. The Committee another agency; (3) materially alter the Standards Act, minimum wage rates in also corrected a typographical error that budgetary impact of entitlements, American Samoa are set by a special previously appeared in the definition of grants, user fees, or loan programs or the industry committee appointed by the shipping and transportation. The FLSA rights and obligations of recipients Secretary of Labor. This document puts requires that the Secretary publish this thereof; or (4) raise novel legal or policy into effect the minimum wage rates report in the Federal Register and issues arising out of legal mandates, the recommended for various industry further requires that the President’s priorities, or the principles categories by Industry Committee No. 23 recommendations in the report be set forth in Executive Order 12866. effective 15 days after publication. which met in Pago Pago, American For reasons similar to those noted Samoa, during the week of June 7, 1999. Accordingly, as authorized and required by section 8 of the Fair Labor above, the rule does not require a DATES: This rule shall become effective Standards Act of 1938, Reorganization section 202 statement under the on September 20, 1999. Plan No. 6 of 1950 and 29 CFR 511.18, Unfunded Mandates Reform Act of Applicability date: The new this rule hereby revises § 697.1 and 1995. Because the Secretary has no minimum wage rates are effective on 697.3 of 29 CFR part 697 to implement authority to change a recommendation September 20, 1999, unless otherwise the recommendations of Industry of the Industry Committee, compliance noted. Committee No. 23. with Executive Order 12875 is neither FOR FURTHER INFORMATION CONTACT: feasible nor permitted by law, and in Arthur M. Kerschner, Jr., Office of Executive Order 12866/Section 202 of any event, the rule is not a significant Enforcement Policy, Child Labor and the Unfunded Mandates Reform Act of rule. 1995 and Small Business Regulatory Special Employment Team, Wage and Furthermore, a resident of American Enforcement Fairness Act Hour Division, Employment Standards Samoa is nominated by the Governor of Administration, U.S. Department of This rule is not a ‘‘significant American Samoa as a public member of Labor, Room S–3510, 200 Constitution regulatory action’’ within the meaning the Industry Committee. Its Avenue, NW., Washington, DC 20210: of Executive Order 12866, and no representatives also provided testimony telephone (202) 693–0072. This is not a regulatory impact analysis is required. and made recommendations at the toll free number. Copies of the Final This document puts into effect the wage hearing. Rule in alternative formats may be rates recommended by Industry Finally, the rule is not a major rule obtained by calling (202) 693–0072 or Committee No. 23 which met in Pago within the meaning of the Small (202) 693–1461 (TTY). The alternative Pago, American Samoa during the week Business Regulatory Enforcement formats available are large print, of June 7, 1999. The Committee Fairness Act of 1996. Although the rule electronic file on computer disk (Word recommended increases over two years will impact solely on American Samoa, Perfect, ASCII, Mates with Duxbury in various industry categories; ranging its impact is not expected to be Braille System) and audio-tape. from 3 cents per hour for the bottling, significant, for the reasons discussed brewing, and dairy products industry; to SUPPLEMENTARY INFORMATION: above. 12 cents per hour over two years for the I. Paperwork Reduction Act government employees industry. Regulatory Flexibility Act This rule contains no reporting or When these increases are fully recordkeeping requirements which are implemented, wage rates will range Because no notice of proposed subject to review and approval by the from $2.50 an hour (miscellaneous rulemaking is required for the rule Office of Management and Budget activities) to $3.97 an hour (shipping under 5 U.S.C. 553(b), the requirements (OMB) under the Paperwork Reduction and transportation, classification A, of the Regulatory Flexibility Act, Pub. L. Act of 1995 (Pub. L. 104–13). stevedoring, lighterage, and maritime 96–354, 94 Stat. 1164, 5 U.S.C. 601 et shipping activities). seq. pertaining to regulatory flexibility II. Background There are approximately 16,000 analysis, do not apply to this rule. See Pursuant to sections 5, 6, and 8 of the employees in the various industry 5 U.S.C. 601(2). Fair Labor Standards Act of 1938 (52 classifications. Based on the number of Administrative Procedure Act Stat. 1062, 1064), as amended (29 U.S.C. workers whose wages must be increased 205, 206, 208) and Reorganization Plan to the new minimum wage levels in Good cause exists for issuance of this No. 6 of 1950 (3 CFR 1949–53 Comp., 1999 and/or 2000, and assuming that rule without publication 30 days in p. 1004), and by means of employees currently paid at or in excess advance of its effective date, as normally Administrative Order No. 664 (64 FR of the new minimum wages will also required by section 553(d) of the 13822), the Secretary of Labor appointed receive commensurate wage increases to Administrative Procedure Act. As and convened Industry Committee No. maintain relative pay comparability, discussed above, section 8 of the FLSA 23 for Industries in American Samoa, increases in the overall annual wage bill requires that the rule be effective 15 referred to the Committee the question are expected to be very modest— days after publication.

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Document Preparation and lighterage operations: Provided, 1998, and $3.25 an hour effective This document was prepared under however, that this industry shall not September 20, 2000. the direction and control of John R. include the operation of tourist bureaus * * * * * Fraser, Deputy Administrator, Wage and and of travel and ticket agencies: (i) Bottling, brewing and dairy Hour Division, Employment Standards Provided, further; that this industry products industry (1) The minimum Administration, U.S. Department of shall not include bunkering of wage for this industry is $3.07 an hour Labor. petroleum products or activities effective October 27, 1998, and $3.10 an engaged in by seamen in American hour effective September 20, 2000. List of Subjects in 29 CFR Part 697 vessels which are documented or * * * * * American Samoa, Minimum wages. numbered under the Laws of the United States which operate exclusively (j) Printing industry. (1) The minimum Signed at Washington, DC this 30th day of between points in the Samoan Islands, wage for the printing industry is $3.37 August, 1999. and which are not in excess of 350 tons an hour effective September 20, 1999, Bernard E. Anderson, net capacity. Within this industry there and $3.40 an hour effective September Assistant Secretary, Employment Standards shall be three classifications: 20, 2000. Administration. (i) Classification A: Stevedoring, * * * * * Accordingly, part 697 of Chapter V of Title lighterage and maritime shipping (k) Finance and insurance industry. 29, Code of Federal Regulations is amended agency activities. This classification (1) The minimum wage for this industry as follows: shall include all employees of is $3.83 an hour effective September 20, PART 697ÐINDUSTRIES IN AMERICAN employers who engage in each of the 1999, and $3.88 an hour effective SAMOA following three services: Stevedoring, September 20, 2000. lighterage and maritime shipping * * * * * The authority citation for part 697 agency activities. (l) Private hospitals and educational continues to read as follows: (ii) Classification B: Unloading of fish. institutions. (1) The minimum wage for This classification shall include the Authority: Secs. 5, 6, 8, 52 Stat. 1062, this industry is $3.24 an hour effective unloading of raw and/or frozen fish 1064; 29 U.S.C. 205, 206, 208. October 27, 1998. from vessels. 2. Section 697.1 is amended by (iii) Classification C: All other * * * * * revising paragraphs (a)(1), (b)(1) and (2), activities. This classification shall (m) Government employees industry. (c)(1), (d)(1), (e)(1), (f)(1), (g)(1), (h)(1), include all other activities in the (1) The minimum wage for this industry (i)(1), (j)(1), (k)(1), (l)(1), (m)(1), (n)(1); shipping and transportation industry. is $2.63 an hour effective September 20, (o)(1) and (p)(1) to read as follows: (c) Tour and travel service industry. 1999, and $2.69 an hour effective § 697.1 Wage rates and industry (1) The minimum wage for this industry September 20, 2000. definitions. is $3.22 an hour effective October 27, * * * * * * * * * * 1998. (n) Miscellaneous activities industry. (a) Fish canning and processing and * * * * * (1) The minimum wage for this industry can manufacturing industry. (1) The (d) Petroleum marketing industry. (1) is $2.45 an hour effective July 1, 1996, minimum wage for this industry is The minimum wage for this industry is and $2.50 an hour effective September $3.17 an hour effective October 27, $3.73 an hour effective October 27, 20, 2000. 1998, and $3.20 an hour effective 1998, and $3.78 an hour effective * * * * * September 20, 2000. September 20, 2000. (o) Garment manufacturing industry. * * * * * * * * * * (1) The minimum wage for this industry (b) Shipping and transportation (e) Construction industry. (l) The is $2.55 an hour effective October 27, industry. (1) The minimum wage for minimum wage for this industry is 1998, and $2.60 an hour effective classification A, stevedoring, lighterage $3.45 an hour effective on September September 20, 2000. and maritime shipping agency activities, 20, 1999, and $3.50 an hour effective September 20, 2000. * * * * * is $3.92 an hour effective September 20, (p) Publishing industry. (1) The 1999 and $3.97 an hour effective * * * * * (f) Hotel industry. (1) The minimum minimum wage for the publishing September 20, 2000. The minimum industry is $3.48 an hour effective wage for classification B, unloading of wage for this industry is $2.78 an hour effective October 27, 1998. September 20, 1999, and $3.53 an hour fish, is $3.76 an hour effective October effective September 20, 2000. 27, 1998, and $3.81 an hour effective * * * * * 3. Section 697.3 is revised to read as September 20, 2000. The minimum (g) Retailing, wholesaling and follows: wage for classification C, all other warehousing industry. (1) The minimum activities, is $3.72 an hour effective wage for this industry is $2.97 an hour § 697.3 Effective dates. October 27, 1998, and $3.77 an hour effective September 20, 1999, and $3.01 The wage rates specified in § 697.1 effective September 20, 2000. an hour effective September 20, 2000. shall be effective on September 20, (2) This industry shall include the * * * * * 1999, except as otherwise specified. transportation of passengers and cargo (h) Ship maintenance industry. (1) by water or by air and all activities in The minimum wage for this industry is [FR Doc. 99–23015 Filed 9–2–99; 8:45 am] connection therewith, including storage $3.20 an hour effective October 27, BILLING CODE 4510±27±P

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Reader Aids Federal Register Vol. 64, No. 171 Friday, September 3, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

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 13 CFR 7 CFR 121...... 48275 Presidential Documents 246...... 48075 123...... 48275 Executive orders and proclamations 523±5227 272...... 48246 The United States Government Manual 523±5227 273...... 48246 14 CFR 301...... 48245 25...... 47649 Other Services 924...... 48077 39 ...... 47651, 47653, 47656, 948...... 48079 523±4534 47658, 47660, 47661, 48277, Electronic and on-line services (voice) 955...... 48243 Privacy Act Compilation 523±3187 48280, 48282, 48284, 48286 1000...... 47898 71 ...... 47663, 47664, 47665, Public Laws Update Service (numbers, dates, etc.) 523±6641 1001...... 47898 48085, 48086, 48088, 48089 523±5229 TTY for the deaf-and-hard-of-hearing 1002...... 47898 73...... 47665, 48090 1004...... 47898 Proposed Rules: ELECTRONIC RESEARCH 1005...... 47898 39 ...... 47715, 48120, 48333 1006...... 47898 71 ...... 47718, 48123, 48459 World Wide Web 1007...... 47898 Full text of the daily Federal Register, CFR and other 1012...... 47898 15 CFR publications: 1013...... 47898 742...... 47666 1030...... 47898 774...... 47666 http://www.access.gpo.gov/nara 1032...... 47898 Federal Register information and research tools, including Public 1033...... 47898 16 CFR Inspection List, indexes, and links to GPO Access: 1036...... 47898 Proposed Rules: 1040...... 47898 http://www.nara.gov/fedreg 460...... 48024 1044...... 47898 E-mail 1046...... 47898 19 CFR 1049...... 47898 PENS (Public Law Electronic Notification Service) is an E-mail 12...... 48091 1050...... 47898 service for notification of recently enacted Public Laws. To 1064...... 47898 21 CFR subscribe, send E-mail to 1065...... 47898 5...... 47669 [email protected] 1068...... 47898 74...... 48288 with the text message: 1076...... 47898 175...... 48290 1079...... 47898 subscribe PUBLAWS-L your name 178 ...... 47669, 48291, 48292 1106...... 47898, 48081 510...... 48293 Use [email protected] only to subscribe or unsubscribe to 1124...... 47898 520...... 48295 PENS. We cannot respond to specific inquiries. 1126...... 47898 522...... 48293 Reference questions. Send questions and comments about the 1131...... 47898 556...... 48295 Federal Register system to: 1134...... 47898 558...... 48295 1135...... 47898 [email protected] Proposed Rules: 1137...... 47898 2...... 47719 The Federal Register staff cannot interpret specific documents or 1138...... 47898 111...... 48336 regulations. 1139...... 47898 1924...... 48083 23 CFR FEDERAL REGISTER PAGES AND DATES, SEPTEMBER Proposed Rules: Proposed Rules: 210...... 48459 Ch. I...... 47741, 47744, 47746, 47649±48074...... 1 220...... 48459 47749 48075±48242...... 2 225...... 48459 28 CFR 48243±48526...... 3 226...... 48459 246...... 48115 Proposed Rules: 928...... 48115 302...... 48336

9 CFR 29 CFR 93...... 48258 697...... 48525 33 CFR 10 CFR Proposed Rules: 51...... 48496, 48507 117...... 47751 72...... 48259 165...... 47752 Proposed Rules: 31...... 48333 34 CFR 51...... 48117 379...... 48052 12 CFR 39 CFR 201...... 48274 111...... 48092

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Proposed Rules: 46 CFR 175...... 48136 1001...... 47709 776...... 48124 Proposed Rules: 1004...... 47709 47 CFR 40 CFR 10...... 48136 Proposed Rules: 63...... 47699 390...... 48519 52 ...... 47670, 47674, 48095, 15...... 48136 90...... 48136 73...... 47702, 48307 48297, 48305 74...... 47702 62...... 47680 98...... 48136 50 CFR 125...... 48136 Proposed Rules: 180 ...... 47680, 47687, 47689 17...... 48307 271...... 47692, 48099 126...... 48136 3...... 48337 622 ...... 47711, 48324, 48326 439...... 48103 127...... 48136 128...... 48136 48 CFR 635 ...... 47713, 48111, 48112 Proposed Rules: 660...... 48113 52 ...... 47754, 48126, 48127, 129...... 48136 235...... 48459 679 ...... 47714, 48329, 48330, 48337 130...... 48136 49 CFR 271...... 47755, 48135 131...... 48136 48331, 48332 403...... 47755 132...... 48136 383...... 48104 Proposed Rules: 439...... 48103 133...... 48136 384...... 48104 17...... 47755 134...... 48136 390...... 48510 600...... 48337 44 CFR 170...... 48136 393...... 47703 648...... 48337 206...... 47697 174...... 48136 1000...... 47709 697...... 47756

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REMINDERS Commercial motor vehicle; due by 9-7-99; published Caribbean, Gulf, and South The items in this list were definition; published 9-3- 7-7-99 Atlantic fisheriesÐ editorially compiled as an aid 99¶ AGRICULTURE Gulf of Mexico and South to Federal Register users. DEPARTMENT Atlantic coastal Inclusion or exclusion from RULES GOING INTO Commodity Credit migratory pelagic this list has no legal EFFECT SEPTEMBER 4, Corporation resources; comments significance. Loan and purchase programs: due by 9-7-99; 1999 published 7-6-99 Dairy recourse loan program for commercial dairy Magnuson-Stevens Act RULES GOING INTO TRANSPORTATION provisionsÐ DEPARTMENT processors; comments EFFECT SEPTEMBER 3, due by 9-7-99; published American lobster; 1999 Coast Guard 7-22-99 exempted fishing Ports and waterways safety: AGRICULTURE permits; comments due AGRICULTURE Glouchester Harbor, MA; DEPARTMENT by 9-7-99; published 8- DEPARTMENT 20-99 safety zone; published 7- Food and Nutrition Service Agricultural Marketing 21-99¶ Northeastern United States Food distribution programs: Service fisheriesÐ Personal Responsibility and Potatoes (Irish) grown inÐ RULES GOING INTO Work Opportunity Mid-Atlantic Fishery Colorado; published 9-2-99 EFFECT SEPTEMBER 6, Reconciliation Act of Management Council; Prunes (fresh) grown inÐ 1999 1996; implementation; hearings; comments Washington and Oregon; comments due by 9-7-99; due by 9-7-99; published 9-2-99 published 8-9-99 TRANSPORTATION published 7-8-99 DEFENSE DEPARTMENT ENVIRONMENTAL DEPARTMENT Food stamp program: Acquisition regulations: PROTECTION AGENCY Coast Guard Personal Responsibility and Water pollution control: Work Opportunity General property, plant, and Regattas and marine parades: Sewage sludge; use or Reconciliation Act of equipment; contractor Mears Point Marina and disposal standards; 1996; implementationÐ reporting requirements; Red Eyes Dock Bar published 8-4-99 Non-discretionary comments due by 9-7-99; Fireworks Display; provisions; comments published 7-22-99 HEALTH AND HUMAN published 8-25-99 SERVICES DEPARTMENT due by 9-10-99; Federal Acquisition Regulation published 7-12-99 Food and Drug (FAR): Administration COMMENTS DUE NEXT AGRICULTURE Ocean transportation by Animal drugs, feeds, and WEEK DEPARTMENT U.S.-flag vessels; related products: Rural Utilities Service comments due by 9-10- 99; published 7-12-99 New drug applicationsÐ AGRICULTURE Electric loans: Enrofloxacin tablets; DEPARTMENT Load forecasts; borrower DEFENSE DEPARTMENT published 9-3-99 Agricultural Marketing requirements; comments Navy Department Estradiol and testosterone, Service due by 9-7-99; published Attorneys practicing under etc.; published 9-3-99 Almonds grown inÐ 7-7-99 cognizance and supervision Semduramicin and California; comments due by COMMERCE DEPARTMENT of Judge Advocate General; virginiamycin; published 9-9-99; published 8-10-99 Economic Analysis Bureau professional conduct; comments due by 9-10-99; 9-3-99 Bartlett pears (fresh) grown International services surveys: published 7-12-99 Food additive petitions: inÐ BE-80; benchmark survey of National Environmental Policy Adjuvants, production aids, Oregon and Washington; financial services Act; implementation; and sanitizersÐ comments due by 9-7-99; transactions between U.S. comments due by 9-7-99; Dimethylolpropionic acid; published 8-6-99 financial services providers and unaffiliated published 7-9-99 published 9-3-99 Oranges, grapefruit, foreign persons; Siloxanes and silicones, tangerines, and tangelos ENVIRONMENTAL comments due by 9-7-99; methyl hydrogen, grown inÐ PROTECTION AGENCY published 7-9-99 reaction products with Florida; comments due by Air programs: COMMERCE DEPARTMENT 2,2,6,6-tetramethyl-4-(2- 9-10-99; published 8-26- Pesticide products; State propenyloxy)piperidine; 99 National Oceanic and registrationÐ published 9-3-99 Atmospheric Administration AGRICULTURE Hospital/medical/infectious Endangered and threatened Food additives: DEPARTMENT waste incinerators species: constructed on or Adhesive coatings and Animal and Plant Health Critical habitat before June 20, 1996; componentsÐ Inspection Service Butylated reaction product designationsÐ Federal plan Interstate transportation of of p-cresol and Snake River spring/ requirements; comments animals and animals dicyclopentadiene; summer chinook due by 9-7-99; products (quarantine): published 9-3-99 salmon; comments due published 7-6-99 Brucellosis in cattle and by 9-8-99; published 8- Air programs; approval and TRANSPORTATION bisonÐ DEPARTMENT 17-99 promulgation; State plans State and area for designated facilities and Coast Guard Fishery conservation and classifications; management: pollutants: Anchorage regulations: comments due by 9-7- Alaska; fisheries of New York; comments due Florida; published 8-4-99 99; published 7-8-99 Exclusive Economic by 9-8-99; published 8-9- TRANSPORTATION Plant-related quarantine, ZoneÐ 99 DEPARTMENT foreign: License limitation Air quality implementation Federal Highway Unmanufactured solid wood program; comments due plans; approval and Administration packing material; by 9-7-99; published 8- promulgation; various Motor carrier safety standards: importation; comments 6-99 States:

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California; comments due by National priorities list Obstetrical and Ocean transportation by 9-7-99; published 8-6-99 update; comments due gynecological devicesÐ U.S.-flag vessels; District of Columbia; by 9-8-99; published 8- Female condoms comments due by 9-10- comments due by 9-7-99; 9-99 classification; comments 99; published 7-12-99 published 8-5-99 National priorities list due by 9-8-99; PERSONNEL MANAGEMENT Minnesota; comments due update; comments due published 6-10-99 OFFICE by 9-7-99; published 8-6- by 9-10-99; published INTERIOR DEPARTMENT Acquisition regulations: Indian Affairs Bureau 99 8-11-99 Health benefits, Federal Clean Air Act: FARM CREDIT Human services: employeesÐ Financial assistance and Interstate ozone transport ADMINISTRATION Defense Department social services programs; reductionÐ Farm credit system: comments due by 9-7-99; demonstration project; Nitrogen oxides budget Miscellaneous amendments; published 6-25-99 comments due by 9-7- trading program; 99; published 7-6-99 comments due by 9-8-99; INTERIOR DEPARTMENT Sections 126 and 110 published 8-9-99 Health benefits, Federal Fish and Wildlife Service rulemakings; unit- employees: specific information for FEDERAL Endangered and threatened COMMUNICATIONS species: Defense Department affected sources; demonstration project; comments due by 9-8- COMMISSION Alabama sturgeon; Digital television stations; table comments due by 9-10- comments due by 9-7-99; 99; published 8-9-99 published 7-6-99 Grants and other Federal of assignments: 99; published 7-12-99 SMALL BUSINESS assistance: Nevada; comments due by Hunting and fishing: Refuge-specific regulations; ADMINISTRATION State and local assistanceÐ 9-7-99; published 7-19-99 comments due by 9-10- Business loans: Indian Tribes; Frequency allocations and 99; published 8-11-99 Microloan program; environmental program radio treaty matters: Migratory bird hunting: changes; comments due grants; comments due 50.2-50.4 and 51.4-71.0 Seasons, limits, and by 9-10-99; published 8- by 9-7-99; published 7- GHz realignment; shooting hours; 11-99 23-99 comments due by 9-7-99; establishment, etc.; TRANSPORTATION State, interstate, and local published 8-11-99 comments due by 9-7-99; DEPARTMENT government agencies; Radio broadcasting: published 8-27-99 Federal Aviation environmental program AM broadcasters using JUSTICE DEPARTMENT Administration grants; comments due directional antennas; Immigration and by 9-7-99; published 7- regulatory requirements Naturalization Service Air traffic operating and flight 23-99 reduction; comments due Immigration: rules, etc.: Hazardous waste program by 9-10-99; published 7- AliensÐ Grand Canyon National authorizations: 27-99 Criminal aliens in State Park, AZ; special flight South Dakota; comments Radio stations; table of custody convicted of rules in vicinityÐ due by 9-9-99; published assignments: nonviolent offenses; Commercial air tour 8-10-99 Georgia; comments due by early release for limitation; comments Wisconsin; comments due 9-7-99; published 7-23-99 removal; comments due due by 9-7-99; published 7-9-99 by 9-7-99; published 8-5- Texas; comments due by 9- by 9-10-99; published 99 7-99; published 7-23-99 7-12-99 Special flight rules area Criminal aliens in State and flight free zones; Hazardous waste: Vermont; comments due by custody convicted of modification of State underground storage 9-7-99; published 7-23-99 tank program approvalsÐ nonviolent offenses; dimensions; comments FEDERAL EMERGENCY early release for North Carolina; comments due by 9-7-99; MANAGEMENT AGENCY removal; correction; due by 9-9-99; published 7-9-99 comments due by 9-10- published 8-10-99 Flood insurance program: Reduced vertical separation 99; published 7-22-99 North Carolina; correction; Insurance coverage and minimum; comments due JUSTICE DEPARTMENT comments due by 9-9- rates; comments due by by 9-7-99; published 7-8- 99; published 8-24-99 9-7-99; published 8-5-99 Foreign Agents Registration 99 Act: Pesticides; tolerances in food, Write-your-own programÐ Airworthiness directives: Lobbying Disclosure Act and animal feeds, and raw Private sector property Airbus; comments due by 9- Lobbying Disclosure agricultural commodities: insurers assistance; 8-99; published 8-9-99 Technical Amendments comments due by 9-7- American Champion Aircraft Fosetyl-Al; comments due Act; technical 99; published 8-5-99 Corp.; comments due by by 9-7-99; published 7-8- amendments, etc.; 9-10-99; published 8-4-99 99 GENERAL SERVICES comments due by 9-7-99; N-acyl sarcosines and ADMINISTRATION published 7-9-99 Boeing; comments due by 9-7-99; published 7-21-99 sodium N-acyl Acquisition regulations: LABOR DEPARTMENT Bombardier; comments due sarcosinates; comments Revision; comments due by Mine Safety and Health by 9-7-99; published 8-6- due by 9-7-99; published 9-7-99; published 7-9-99 Administration 7-7-99 99 Federal Acquisition Regulation Coal mine and metal and Processing fees; comments Eurocopter France; (FAR): nonmetal mine safety and due by 9-7-99; published health: comments due by 9-7-99; Ocean transportation by 6-9-99 Underground minesÐ published 7-7-99 U.S.-flag vessels; Superfund program: Self-rescue devices; McDonnell Douglas; comments due by 9-10- comments due by 9-7-99; National oil and hazardous 99; published 7-12-99 comments due by 9-7- substances contingency 99; published 7-27-99 published 7-21-99 planÐ HEALTH AND HUMAN NATIONAL AERONAUTICS New Piper Aircraft, Inc.; National priorities list SERVICES DEPARTMENT AND SPACE comments due by 9-8-99; update; comments due Food and Drug ADMINISTRATION published 7-12-99 by 9-7-99; published 8- Administration Federal Acquisition Regulation Raytheon; comments due by 5-99 Medical devices: (FAR): 9-9-99; published 8-2-99

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Airworthiness standards: Liquefied compressed ``Thomas S. Foley United purposes. (Aug. 17, 1999; 113 Special conditionsÐ gases; transportation and States Courthouse'', and the Stat. 398) Boeing Model 767-400ER unloading; comments due plaza at the south entrance of airplane; comments due by 9-7-99; published 7-8- such building and courthouse S. 1546/P.L. 106±55 by 9-7-99; published 7- 99 as the ``Walter F. Horan To amend the International 21-99 Plaza''. (Aug. 17, 1999; 113 Religious Freedom Act of Class E airspace; comments Stat. 230) 1998 to provide additional LIST OF PUBLIC LAWS due by 9-7-99; published 7- H.R. 1219/P.L. 106±49 administrative authorities to 21-99 Construction Industry Payment the United States Commission VOR Federal airways; This is a continuing list of on International Religious public bills from the current Protection Act of 1999 (Aug. comments due by 9-8-99; 17, 1999; 113 Stat. 231) Freedom, and to make published 8-9-99 session of Congress which technical corrections to that have become Federal laws. It VOR Federal airways; H.R. 1568/P.L. 106±50 Act, and for other purposes. may be used in conjunction correction; comments due Veterans Entrepreneurship and (Aug. 17, 1999; 113 Stat. 401) with ``P L U S'' (Public Laws by 9-8-99; published 8-31- Small Business Development Update Service) on 202±523± 99 Act of 1999 (Aug. 17, 1999; Last List August 18, 1999 6641. This list is also 113 Stat. 233) TRANSPORTATION available online at http:// DEPARTMENT www.nara.gov/fedreg. H.R. 1664/P.L. 106±51 Maritime Administration Emergency Steel Loan Public Laws Electronic The text of laws is not Coastwise trade laws; Guarantee and Emergency Oil Notification Service administrative waivers; published in the Federal and Gas Guaranteed Loan Act (PENS) comments due by 9-7-99; Register but may be ordered of 1999 (Aug. 17, 1999; 113 published 7-8-99 in ``slip law'' (individual Stat. 252) pamphlet) form from the TRANSPORTATION H.R. 2465/P.L. 106±52 DEPARTMENT Superintendent of Documents, PENS is a free electronic mail U.S. Government Printing Military Construction notification service of newly National Highway Traffic Appropriations Act, 2000 (Aug. Safety Administration Office, Washington, DC 20402 enacted public laws. To (phone, 202±512±1808). The 17, 1999; 113 Stat. 259) Motor vehicle safety subscribe, send E-mail to text will also be made standards: S. 507/P.L. 106±53 [email protected] with available on the Internet from Child restraint systemsÐ Water Resources Development the text message: GPO Access at http:// Act of 1999. (Aug. 17, 1999; Child booster seats for SUBSCRIBE PUBLAWS-L www.access.gpo.gov/nara/ 113 Stat. 269) older children; use in index.html. Some laws may Your Name. older cars; comments not yet be available. S. 606/P.L. 106±54 due by 9-7-99; For the relief of Global Note: This service is strictly published 7-7-99 H.R. 211/P.L. 106±48 Exploration and Development for E-mail notification of new TRANSPORTATION To designate the Federal Corporation, Kerr-McGee public laws. The text of laws DEPARTMENT building and United States Corporation, and Kerr-McGee is not available through this Research and Special courthouse located at 920 Chemical, LLC (successor to service. PENS cannot respond Programs Administration West Riverside Avenue in Kerr-McGee Chemical to specific inquiries sent to Hazardous materials: Spokane, Washington, as the Corporation), and for other this address.

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